Labor Committee

Adopted in House Comm. on Feb 24, 2005

 

 


 

 


 
09400HB0915ham001 LRB094 03798 RLC 41468 a

1
AMENDMENT TO HOUSE BILL 915

2     AMENDMENT NO. ______. Amend House Bill 915 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Project Labor Agreement Act.
 
6     Section 5. Purposes. The General Assembly finds that:
7     (1) The State of Illinois has a compelling interest in
8 awarding public works contracts so as to ensure the highest
9 standards of quality and efficiency at the lowest responsible
10 cost.
11     (2) A project labor agreement, which is a form of pre-hire
12 collective bargaining agreement covering all terms and
13 conditions of employment on a specific project, can ensure the
14 highest standards of quality and efficiency at the lowest
15 responsible cost on appropriate public works projects.
16     (3) The State of Illinois has a compelling interest that a
17 highly skilled workforce be employed on public works projects
18 to ensure lower costs over the lifetime of the completed
19 project for building, repairs, and maintenance.
20     (4) Project labor agreements provide the State of Illinois
21 with a guarantee that public works projects will be completed
22 with highly skilled workers.
23     (5) Project labor agreements provide for peaceful, orderly
24 and mutually binding procedures for resolving labor issues

 

 

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1 without labor disruption, which has historically resulted in
2 significant losttime on construction projects.
3     (6) Project labor agreements allow public agencies to
4 predict more accurately the actual cost of the public works
5 project.
6     (7) The use of project labor agreements can be of specific
7 benefit to complex construction projects.
 
8     Section 10. Project labor agreements required.
9     (a) On a project-by-project basis, a State department,
10 agency, authority, board, or instrumentality that is under the
11 control of the Governor shall include a project labor agreement
12 on a public works project where the department, agency,
13 authority, board, or instrumentality has determined that such
14 agreement advances the State's interests of cost, efficiency,
15 quality, safety, timeliness, skilled labor force, and labor
16 stability or the State's policy to advance minority-owned and
17 women-owned businesses and minority and female employment.
18     (b) Where it has been determined that a project labor
19 agreement is appropriate for a particular public works project,
20 the State department, agency, authority, board, or
21 instrumentality responsible for implementing the project shall
22 in good faith negotiate a project labor agreement with labor
23 organizations engaged in the construction industry. In the
24 event that the State department, agency, authority, board, or
25 instrumentality and the labor organizations engaged in the
26 construction industry ("the parties") cannot agree to the terms
27 of the project labor agreement, the Governor shall appoint a
28 designee to assist the parties in reaching an agreement.
29     (c) Pursuant to this Act, any project labor agreement:
30         (1) shall set forth effective, immediate, and mutually
31     binding procedures for resolving jurisdictional labor
32     disputes and grievances arising before the completion of
33     work;

 

 

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1         (2) shall contain guarantees against strikes,
2     lockouts, and similar actions;
3         (3) shall ensure a reliable source of skilled and
4     experienced labor;
5         (4) shall further public policy objectives as to
6     improved employment opportunities for minorities and women
7     in the construction industry, to the extent permitted by
8     State and federal law;
9         (5) shall permit the selection of the lowest qualified
10     responsible bidder, without regard to union or non-union
11     status at other construction sites;
12         (6) shall be made binding on all contractors and
13     subcontractors on the public works project through the
14     inclusion of appropriate bid specifications in all
15     relevant bid documents; and
16         (7) shall include such other terms as the parties deem
17     appropriate.
18     (d) Any decision to use a project labor agreement in
19 connection with a public works project by a State department,
20 agency, authority, board, or instrumentality shall be
21 supported by a written, publicly disclosed finding by such
22 department, agency, authority, board, or instrumentality
23 setting forth the justification for use of the project labor
24 agreement.
25     (e) All State departments, agencies, authorities, boards,
26 and instrumentalities shall ensure that all public works
27 projects are implemented in a manner consistent with the terms
28 of this Act and are in full compliance with all statutes,
29 regulations, and Executive Orders.
30     (f) Nothing in this Act shall be construed to contravene
31 any State or federal law or to jeopardize the State's
32 entitlement to federal funding. If any provision of this Act or
33 its application to any person or circumstance is held invalid
34 by any court of competent jurisdiction, this invalidity does

 

 

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1 not affect any other provision or application of this Act that
2 can be given effect without the invalid provision or
3 application. To achieve this purpose, the provisions of this
4 Act are declared to be severable.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".