Bill Text: IN SB0241 | 2012 | Regular Session | Introduced
Bill Title: Public works projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Pensions and Labor [SB0241 Detail]
Download: Indiana-2012-SB0241-Introduced.html
Citations Affected: IC 4-13.6-5-13; IC 5-16-12; IC 8-10-1-31;
IC 8-23-9-59; IC 34-13-8; IC 36-1-12-23.
Synopsis: Public works projects. Provides that the plans,
specifications, and contract documents for a public works project may
not require bidders, contractors, or subcontractors to enter into or
comply with certain agreements with labor organizations. Provides a
cause of action to challenge the award of a contract that violates these
provisions.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Pensions and Labor.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) The plans, specifications, and contract documents for a public works contract awarded under this chapter may not do any of the following:
(1) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement with a labor organization on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or subcontractor for refusing to enter into, remain signatory to, or comply with an agreement with a labor organization on the same or a related public works project.
(3) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement that requires an employee of the bidder, contractor, or subcontractor, as a condition of
employment, to do either of the following:
(A) Become a member of or become affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(c) This section does not prohibit an employer or any other
person covered by the federal National Labor Relations Act from
entering into agreements or engaging in any other activity
protected by law. This section may not be interpreted to interfere
with the labor relations of persons covered by the federal National
Labor Relations Act.
Chapter 12. Prohibited Public Works Contract Requirements
Sec. 1. (a) This chapter applies to contracts entered into, awarded, or renewed after June 30, 2012. This chapter applies to the plans, specifications, and contract documents for a public works contract awarded by a contracting agency.
(b) This chapter does not prohibit an employer or any other person covered by the federal National Labor Relations Act from entering into agreements or engaging in any other activity protected by law. This chapter may not be interpreted to interfere with the labor relations of persons covered by the federal National Labor Relations Act.
Sec. 2. As used in this chapter, "contracting agency" refers to the agency, board, commission, officer, or trustee that enters into a public works contract covered by this article.
Sec. 3. Plans, specifications, and contract documents may not do any of the following:
(1) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement with a labor organization on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or subcontractor for refusing to enter into, remain signatory to, or comply with an agreement with a labor organization on the same or a related public works project.
(3) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement that requires an employee
of the bidder, contractor, or subcontractor, as a condition of
employment, to do either of the following:
(A) Become a member of or become affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(1) Altering, building, constructing, demolishing, improving, or repairing a building or structure by the commission.
(2) Making an improvement to real property owned by, or leased in the name of, the commission.
(3) Performing the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property by the commission.
(b) The plans, specifications, and contract documents for a contract awarded by the commission may not do any of the following:
(1) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement with a labor organization on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or subcontractor for refusing to enter into, remain signatory to, or comply with an agreement with a labor organization on the same or a related public works project.
(3) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement that requires an employee of the bidder, contractor, or subcontractor, as a condition of employment, to do either of the following:
(A) Become a member of or become affiliated with a labor organization.
(B) Over the objection of an employee, pay dues or fees to a labor organization that exceed the employee's share of the labor organization's costs relating to collective bargaining, contract administration, or grievance adjustment.
(c) This section does not prohibit an employer or any other person covered by the federal National Labor Relations Act from entering into agreements or engaging in any other activity protected by law. This section may not be interpreted to interfere with the labor relations of persons covered by the federal National Labor Relations Act.
(b) The plans, specifications, and contract documents for a contract awarded by the department may not do any of the following:
(1) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement with a labor organization on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or subcontractor for refusing to enter into, remain signatory to, or comply with an agreement with a labor organization on the same or a related public works project.
(3) Require a bidder, contractor, or subcontractor to enter into or comply with an agreement that requires an employee of the bidder, contractor, or subcontractor, as a condition of employment, to do either of the following:
(A) Become a member of or become affiliated with a labor organization.
(B) Over the objection of an employee, pay dues or fees to a labor organization that exceed the employee's share of the labor organization's costs relating to collective bargaining, contract administration, or grievance adjustment.
(c) This section does not prohibit an employer or any other person covered by the federal National Labor Relations Act from entering into agreements or engaging in any other activity protected by law. This section may not be interpreted to interfere with the labor relations of persons covered by the federal National Labor Relations Act.
Chapter 8. Enforcement of Certain Public Works Statutes
Sec. 1. This chapter applies to contracts entered into, awarded,
or renewed after June 30, 2012.
Sec. 2. As used in this chapter, "applicable statute" refers to any
of the following:
(1) IC 4-13.6-5-13.
(2) IC 5-16-12.
(3) IC 8-10-1-31.
(4) IC 8-23-9-59.
(5) IC 36-1-12-23.
Sec. 3. As used in this chapter, "interested party" includes the
following:
(1) A bidder, contractor, or subcontractor for a public works
contract covered by an applicable statute.
(2) An employee of a bidder, contractor, or subcontractor for
a public works contract covered by an applicable statute.
(3) A taxpayer of an entity awarding a public works contract
covered by an applicable statute.
Sec. 4. An interested party has a cause of action to challenge the
award of a public works contract that violates an applicable
statute.
Sec. 5. Subject to section 6 of this chapter, an interested party
that prevails in an action under this chapter is entitled to the
following relief:
(1) A declaration that the provisions of the public works
contract that violate the applicable statute are void.
(2) Costs and attorney's fees.
(3) Any other appropriate relief requested by the interested
party.
Sec. 6. (a) This chapter does not prohibit an employer or any
other person covered by the federal National Labor Relations Act
from entering into agreements or engaging in any other activity
protected by law. This chapter may not be interpreted to interfere
with the labor relations of persons covered by the federal National
Labor Relations Act.
(b) Relief that would interfere with the labor relations of
persons covered by the federal National Labor Relations Act may
not be granted under this chapter.
(b) The plans, specifications, and contract documents for a public works contract awarded under this chapter may not do any
of the following:
(1) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement with a labor organization
on the same or a related public works project.
(2) Discriminate against a bidder, contractor, or
subcontractor for refusing to enter into, remain signatory to,
or comply with an agreement with a labor organization on the
same or a related public works project.
(3) Require a bidder, contractor, or subcontractor to enter
into or comply with an agreement that requires an employee
of the bidder, contractor, or subcontractor, as a condition of
employment, to do either of the following:
(A) Become a member of or become affiliated with a labor
organization.
(B) Over the objection of an employee, pay dues or fees to
a labor organization that exceed the employee's share of
the labor organization's costs relating to collective
bargaining, contract administration, or grievance
adjustment.
(c) This section does not prohibit an employer or any other
person covered by the federal National Labor Relations Act from
entering into agreements or engaging in any other activity
protected by law. This section may not be interpreted to interfere
with the labor relations of persons covered by the federal National
Labor Relations Act.
