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1
HOUSE RESOLUTION

 
2    WHEREAS, The Southwestern Illinois Flood Prevention
3District Council annually expends substantial sums in the
4purchase of construction goods and services on projects that
5are part of the regional levee system improvement project,
6known as the Southwestern Illinois Flood Prevention Project;
7and
 
8    WHEREAS, The Southwestern Illinois Flood Prevention
9Project is primarily being built using public tax dollars, as
10authorized by the Illinois General Assembly and the county
11boards of Madison, St. Clair, and Monroe counties; and
 
12    WHEREAS, Those expenditures constitute a major investment
13in the future of southwestern Illinois, and the Southwestern
14Illinois Flood Prevention District Council will compete in the
15private marketplace for these construction goods and services;
16and
 
17    WHEREAS, The Southwestern Illinois Flood Prevention
18Project is an urgent priority for the region because of the
19impact on public safety and the area's economy; and
 
20    WHEREAS, Because of the urgent nature of the Southwestern
21Illinois Flood Prevention Project, the Council desires to take

 

 

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1all necessary steps to minimize any delay in the construction
2of the project; and
 
3    WHEREAS, Time lost due to labor conflicts and
4jurisdictional disputes can cause serious delays in the
5completion of the project and consequently cause an increase in
6the cost of the construction project; and
 
7    WHEREAS, There are trade unions that are recognized by the
8National Labor Relations Board, and which have as their primary
9duties the negotiation of wages and hours, no-strike
10agreements, and other matters on behalf of their members; the
11unions also have control of the apprenticeship of new members
12and the continued training of current members; and
 
13    WHEREAS, Project Labor Agreements can be of economic
14benefit to property owners, including states and their
15political subdivisions, for their major construction projects
16(including a complex interrelated series of projects),
17particularly those which extend for a substantial period of
18time and involve a substantial number of construction
19contractors and subcontractors or a substantial number of
20construction trades and specialized craft workers; and
 
21    WHEREAS, Project Labor Agreements can facilitate the
22timely and efficient completion of the regional levee system

 

 

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1improvement project by making available a ready and adequate
2supply of highly trained and skilled craft workers; permitting
3public and private owners and contractors to more accurately
4predict project labor costs at the bidding stage; establishing
5working conditions for all construction crafts for the duration
6of the project; and providing a legally enforceable means of
7assuring labor stability and labor peace over the life of such
8project, thereby reducing the possibility of interruptions and
9delays resulting from labor disputes; and
 
10    WHEREAS, The generally short-term nature of employment in
11the construction industry makes post-hire collective
12bargaining difficult and unrealistic; and
 
13    WHEREAS, The Board of Directors of the Southwestern
14Illinois Flood Prevention District Council has adopted a
15resolution requiring contractors working on the Project and
16paid with local tax dollars to enter into Project Labor
17Agreements; and
 
18    WHEREAS, If work is to be done on the Project by the United
19States Army Corps of Engineers, there is a substantial required
20local cost-share that will be provided from the proceeds of the
21local sales tax authorized by the Illinois General Assembly;
22and
 

 

 

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1    WHEREAS, The President of the United States has issued
2Executive Order 13502 to "encourage executive agencies to
3consider requiring the use of project labor agreements in
4connection with large-scale construction projects in order to
5promote economy and efficiency in Federal procurement"; and
 
6    WHEREAS, The National Labor Relations Act allows for a
7collective bargaining agreement between a labor organization
8and an employer in the construction industry relating to the
9contracting or subcontracting of work to be done at the site of
10the construction, alteration, painting, or repair of a
11building, structure, or other work; and
 
12    WHEREAS, The courts have upheld the right of states and
13their subdivisions, as proprietors, to enter into construction
14contracts, with project managers or general contractors, that
15contain Project Labor Agreement provisions, and those courts
16have found that Project Labor Agreement provisions are not
17preempted by the National Labor Relations Act, the Employee
18Retirement Income Security Act, or the Sherman Anti-Trust Act,
19or by the Equal Protection or Due Process Clauses of the 14th
20Amendment; therefore, be it
 
21    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
22NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
23we urge organizations that are entering into construction

 

 

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1contracts for work on the Southwestern Illinois Flood
2Prevention Project, where that work is paid for wholly or
3partially with public tax dollars, to require contractors to
4sign and use Project Labor Agreements for those projects; and
5be it further
 
6    RESOLVED, That this resolution is to apply to work done by
7the United States Army Corps of Engineers on the Southwestern
8Illinois Flood Prevention Project.