Bill Text: IA HF194 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act requiring the consideration of project labor agreements for certain state construction projects.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Labor. H.J. 187. [HF194 Detail]
Download: Iowa-2021-HF194-Introduced.html
House
File
194
-
Introduced
HOUSE
FILE
194
BY
HUNTER
,
OLSON
,
JACOBY
,
ANDERSON
,
KRESSIG
,
WILBURN
,
STAED
,
KONFRST
,
JAMES
,
MASCHER
,
BROWN-POWERS
,
GJERDE
,
and
EHLERT
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,
where
the
total
project
cost
is
twenty-five
million
10
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
where
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,
which
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.
35
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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
9
on
the
project
agree,
for
that
project,
to
negotiate
or
10
become
a
party
to
a
project
labor
agreement
with
one
or
more
11
appropriate
labor
organizations.
The
decision
to
use
a
project
12
labor
agreement
shall
be
supported
by
written
findings
by
13
the
affected
state
agency
which
demonstrate
how
the
use
of
a
14
project
labor
agreement
will
benefit
the
state’s
interest,
15
particularly
with
respect
to
the
factors
enumerated
in
16
subsection
3.
17
5.
A
project
labor
agreement
reached
pursuant
to
this
18
section
shall
do
all
of
the
following:
19
a.
Bind
all
contractors
and
subcontractors
on
the
20
large-scale
construction
project
through
the
inclusion
of
21
appropriate
specifications
in
all
relevant
solicitation
22
provisions
and
contract
documents.
23
b.
Allow
all
contractors
and
subcontractors
to
compete
for
24
contracts
and
subcontracts
without
regard
to
whether
they
are
25
otherwise
parties
to
collective
bargaining
agreements.
26
c.
Contain
guarantees
against
strikes,
lockouts,
and
similar
27
job
disruptions.
28
d.
Set
forth
effective,
prompt,
and
mutually
binding
29
procedures
for
resolving
labor
disputes
arising
during
the
term
30
of
the
project
labor
agreement.
31
e.
Provide
other
mechanisms
for
labor-management
cooperation
32
on
matters
of
mutual
interest
and
concern,
including
but
not
33
limited
to
productivity,
quality
of
work,
safety,
and
health.
34
f.
Fully
conform
to
all
applicable
state
laws
and
rules.
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6.
This
section
shall
not
be
construed
to
preclude
the
1
use
of
a
project
labor
agreement
on
any
construction
project
2
not
otherwise
subject
to
this
section.
This
section
shall
3
not
be
construed
to
require
a
contractor
or
subcontractor
to
4
enter
into
a
project
labor
agreement
with
any
particular
labor
5
organization.
6
7.
This
section
applies
notwithstanding
section
26.16
and
7
chapter
73A,
subchapter
III.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
requires
a
state
agency
to
consider
using
a
project
12
labor
agreement
for
a
large-scale
construction
project.
The
13
bill
defines
a
“project
labor
agreement”
as
a
comprehensive
14
pre-hire
collective
bargaining
agreement
that
is
negotiated
15
between
a
project’s
owner
and
an
appropriate
labor
organization
16
and
sets
out
the
basic
terms
and
working
conditions
for
17
that
particular
project.
The
bill
defines
a
“large-scale
18
construction
project”
as
the
construction,
rehabilitation,
19
alteration,
conversion,
extension,
repair,
or
improvement
20
of
a
vertical
public
works
project,
including
a
building
21
and
other
real
property-related
project,
where
the
total
22
project
cost
is
$25
million
or
more.
The
bill
authorizes
a
23
state
agency
to
require
the
use
of
a
project
labor
agreement
24
where
the
use
will
advance
the
state’s
interest.
The
bill
25
sets
out
certain
factors
for
making
such
a
decision.
The
26
bill
delineates
requirements
for
a
project
labor
agreement.
27
The
bill
specifies
that
the
bill
should
not
be
construed
to
28
preclude
a
state
agency
from
using
a
project
labor
agreement
29
for
any
construction
project
not
otherwise
covered
by
the
bill.
30
The
bill
specifies
that
the
bill
should
not
be
construed
to
31
require
a
contractor
or
subcontractor
to
enter
into
a
project
32
labor
agreement
with
any
particular
labor
organization.
33
The
bill
applies
notwithstanding
provisions
of
law
34
prohibiting
certain
prequalification
requirements
and
award
35
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