Read the full stored bill text
House
File
185
-
Introduced
HOUSE
FILE
185
BY
CROKEN
,
WICHTENDAHL
,
and
AMOS
JR.
A
BILL
FOR
An
Act
requiring
the
consideration
of
project
labor
agreements
1
for
certain
state
construction
projects.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
72.6
Project
labor
agreements.
1
1.
For
the
purposes
of
this
section:
2
a.
“Labor
organization”
means
an
area
or
state
building
3
and
construction
trades
or
crafts
council,
organization,
or
4
association
or
a
comparable
body.
5
b.
“Large-scale
construction
project”
means
the
6
construction,
rehabilitation,
alteration,
conversion,
7
extension,
repair,
or
improvement
of
a
vertical
public
works
8
project,
including
a
building
and
other
real
property-related
9
project,
for
which
the
total
project
cost
is
twenty-five
10
million
dollars
or
more.
11
c.
“Project
labor
agreement”
means
a
comprehensive
pre-hire
12
collective
bargaining
agreement
that
is
negotiated
between
a
13
project’s
owner
and
an
appropriate
labor
organization
and
sets
14
out
the
basic
terms
and
working
conditions
for
that
particular
15
project.
16
2.
A
state
agency
shall
consider
using
a
project
labor
17
agreement
in
connection
with
a
large-scale
construction
project
18
as
provided
in
this
section.
19
3.
In
awarding
a
contract
in
connection
with
a
large-scale
20
construction
project,
or
in
obligating
funds
pursuant
to
such
a
21
contract,
a
state
agency,
on
a
project-by-project
basis,
may
22
require
the
use
of
a
project
labor
agreement
when
the
use
will
23
advance
the
state’s
interest.
In
making
the
decision
whether
24
to
use
a
project
labor
agreement,
the
state
agency
shall
25
consider
the
following
factors:
26
a.
The
potential
for
a
labor
disruption,
such
as
a
strike,
27
lockout,
or
slowdown,
that
could
affect
the
timely
completion
28
of
the
project.
29
b.
The
number
of
trades
and
crafts
anticipated
to
be
used
30
on
the
project.
31
c.
The
need
and
urgency
of
the
project
and
the
harm
to
the
32
public
if
the
completion
of
the
project
is
delayed.
33
d.
The
size
and
complexity
of
the
project
and
the
time
34
needed
for
its
completion.
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e.
The
benefits
to
the
public
from
the
use
of
the
project
1
labor
agreement
relative
to
the
project’s
cost,
efficiency,
2
quality,
safety,
and
timeliness
of
completion.
3
f.
The
ability
to
ensure
compliance
with
all
applicable
4
state
laws
and
rules
governing
safety
and
health,
equal
5
employment
opportunity,
labor,
and
employment
standards.
6
4.
If
a
state
agency
determines
that
the
use
of
a
project
7
labor
agreement
will
advance
the
state’s
interest,
the
state
8
agency
may
require
that
every
contractor
or
subcontractor
on
9
the
project
agree,
for
that
project,
to
negotiate
or
become
a
10
party
to
a
project
labor
agreement
with
one
or
more
appropriate
11
labor
organizations.
The
decision
to
use
a
project
labor
12
agreement
shall
be
supported
by
written
findings
by
the
13
affected
state
agency
that
demonstrate
how
the
use
of
a
project
14
labor
agreement
will
benefit
the
state’s
interest,
particularly
15
with
respect
to
the
factors
enumerated
in
subsection
3.
16
5.
A
project
labor
agreement
reached
pursuant
to
this
17
section
shall
do
all
of
the
following:
18
a.
Bind
all
contractors
and
subcontractors
on
the
19
large-scale
construction
project
through
the
inclusion
of
20
appropriate
specifications
in
all
relevant
solicitation
21
provisions
and
contract
documents.
22
b.
Allow
all
contractors
and
subcontractors
to
compete
for
23
contracts
and
subcontracts
without
regard
to
whether
they
are
24
otherwise
parties
to
collective
bargaining
agreements.
25
c.
Contain
guarantees
against
strikes,
lockouts,
and
similar
26
job
disruptions.
27
d.
Set
forth
effective,
prompt,
and
mutually
binding
28
procedures
for
resolving
labor
disputes
arising
during
the
term
29
of
the
project
labor
agreement.
30
e.
Provide
other
mechanisms
for
labor-management
cooperation
31
on
matters
of
mutual
interest
and
concern,
including
but
not
32
limited
to
productivity,
quality
of
work,
safety,
and
health.
33
f.
Fully
conform
to
all
applicable
state
laws
and
rules.
34
6.
This
section
shall
not
be
construed
to
preclude
the
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use
of
a
project
labor
agreement
on
any
construction
project
1
not
otherwise
subject
to
this
section.
This
section
shall
2
not
be
construed
to
require
a
contractor
or
subcontractor
to
3
enter
into
a
project
labor
agreement
with
any
particular
labor
4
organization.
5
7.
This
section
applies
notwithstanding
section
26.16
and
6
chapter
73A,
subchapter
III.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
requires
a
state
agency
to
consider
using
a
project
11
labor
agreement
for
a
large-scale
construction
project.
The
12
bill
defines
a
“project
labor
agreement”
as
a
comprehensive
13
pre-hire
collective
bargaining
agreement
that
is
negotiated
14
between
a
project’s
owner
and
an
appropriate
labor
organization
15
and
sets
out
the
basic
terms
and
working
conditions
for
16
that
particular
project.
The
bill
defines
a
“large-scale
17
construction
project”
as
the
construction,
rehabilitation,
18
alteration,
conversion,
extension,
repair,
or
improvement
of
19
a
vertical
public
works
project,
including
a
building
and
20
other
real
property-related
project,
for
which
the
total
21
project
cost
is
$25
million
or
more.
The
bill
authorizes
a
22
state
agency
to
require
the
use
of
a
project
labor
agreement
23
when
the
use
will
advance
the
state’s
interest.
The
bill
24
sets
out
certain
factors
for
making
such
a
decision.
The
25
bill
delineates
requirements
for
a
project
labor
agreement.
26
The
bill
specifies
that
the
bill
should
not
be
construed
to
27
preclude
a
state
agency
from
using
a
project
labor
agreement
28
for
any
construction
project
not
otherwise
covered
by
the
bill.
29
The
bill
specifies
that
the
bill
should
not
be
construed
to
30
require
a
contractor
or
subcontractor
to
enter
into
a
project
31
labor
agreement
with
any
particular
labor
organization.
32
The
bill
applies
notwithstanding
provisions
of
law
33
prohibiting
certain
prequalification
requirements
and
award
34
conditions
for
public
improvement
projects.
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