Amendment #385 to H4789

Project Labor Agreements

Ms. Decker of Cambridge moves to amend the bill by inserting the following section:

"SECTION XXXX. Notwithstanding section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws and chapter 149A of the General Laws, a public agency or municipality may require a project labor agreement on contracts for public works construction. A public agency or municipality doing so shall require the project labor agreement to be incorporated into the contract specifications. Further, the public agency or municipality requiring the project labor agreement shall provide advance notice of such requirements prior to the bidding deadline.

Provided, that prior to including a project labor agreement requirement, the public agency or municipality shall make a reasoned determination prior to issuing a request for proposals that requiring such project labor agreement on a specific project is in the best interest of the public agency or municipality.

In making such a determination, the agency or municipality may consider the effects a project labor agreement may have on: (i) the efficiency, cost and direct and indirect economic benefits to the public agency or municipality; (ii) the availability of a sufficient supply of skilled, qualified workers to complete the project; (iii) the timing, prevention of delays or disruptions to the construction process; (iv) the safety and quality of the public construction project; (v) the expansion of apprenticeship programs and workforce development in the construction industry; and (vi) the promotion of employment and training opportunities for women, minority workers, and veterans.

As used herein, a project labor agreement is defined as an agreement between a construction employer(s) and construction union(s) for work to be performed on a construction project and includes, at a minimum, provisions that: (i) require all contractors, regardless of tier, to be bound to the project labor agreement for all project work; (ii) establish mutually agreeable terms and conditions of employment for the construction workforce; (iii) set forth binding procedures for resolving labor disputes on the project; (iv) prohibit strikes and lockouts; (v) incorporate workforce development goals for the utilization of apprentices, (vi) incorporate workforce development goals for the utilization of minorities, women and veterans in accord with applicable Massachusetts law and local ordinances, whichever is higher; and (vii) establish other terms and conditions required for the project labor agreement, mutually agreeable to parties, and otherwise consistent with Federal and Massachusetts law."

Additional co-sponsor(s) added to Amendment #385, as changed to H4789

Project Labor Agreements