Read the full stored bill text
Legislation Document
SPONSOR:
Sen. Walsh & Sen. Townsend & Rep. Osienski & Rep. K. Williams
Sens. Hoffner, Mantzavinos, Pinkney, Seigfried; Reps. Cooke, Lambert, Morrison, Snyder-Hall, Wilson-Anton
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 272
AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO PROJECT LABOR AGREEMENTS FOR SCHOOL DISTRICT PUBLIC WORKS CONTRACTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 23, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2308. Project labor agreements.
A school district construction or renovation project under this chapter must comply with the requirements for project labor agreements under § 6960B of Title 29.
Section 2. Amend § 6902, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 6902. Definitions [For application of this section, see 82 Del. Laws, c. 36, § 3].
For purposes of this chapter:
(24) “Project labor agreement” means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project
. “Project labor agreement” includes community workforce agreements.
Section 3. Amend Subchapter IV, Chapter 69, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6960B. Project labor agreements.
(a)(1) If a public works project under this chapter is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project must include a project labor agreement with the Delaware Building and Construction Trades Council.
(2)
Paragraph (a)(1) of this section does not apply to a contract if there was only 1 bid for the craft under the contract.
(b)(1)
A project labor agreement negotiated under this section is binding on all contractors and subcontractors working on that public works project.
(2) All relevant bid documents must include the bid specifications necessary to make a project labor agreement binding on all contractors and subcontractors on the public works project.
(c) A project labor agreement under this section must advance the interests of the school district, including in regard to cost, efficiency, quality, timeliness, a skilled labor force, and safety.
(1) A project labor agreement must include all of the following:
a. That the provisions of the project labor agreement apply as follows:
1. To work done at construction sites of the public works project and do not apply to work done outside of those sites unless paragraph (c)(1)a.2. of this section applies.
2. To custom fabrication work done for the public works project, regardless of where that work is performed.
b. Effective, immediate, and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work.
c. Guarantees against strikes, lockouts, or other similar actions.
(2) A project labor agreement may include provisions that do any of the following:
a. Provide goals for participation by disadvantaged business enterprises that require a specific percentage of the total contract value be awarded to subcontractors who are certified by the Office of Supplier Diversity as a minority, women, veteran, service-disabled veteran, or individual with a disability owned business.
b. Permit contractors and subcontractors working on the public works project to retain a percentage of their current workforce.
c. Provide that the successful bidder, and any subcontractor of the bidder, are not a party to a labor agreement with the labor organization other than for the public works project covered by that project labor agreement.
Section 4. Section 6960B of Title 29 applies to public works contracts advertised after December 31, 2026.
SYNOPSIS
This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract.
A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations.
The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.
Author: Senator Walsh