Bill Text: NJ S2520 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns project labor agreements for non-building public works projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-04 - Introduced in the Senate, Referred to Senate Labor Committee [S2520 Detail]
Download: New_Jersey-2012-S2520-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Concerns project labor agreements for non-building public works projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain project labor agreements and amending P.L.2002, c.44.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2002, c.44 (C.52:38-2) is amended to read as follows:
2. For the purposes of this act:
"Apprenticeship program" means a registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, and registered by the [Bureau] Office of Apprenticeship [and Training] of the U.S. Department of Labor and meeting the standards established by the [bureau] office, or registered by a State apprenticeship agency recognized by the [bureau] office.
"Labor organization" means, with respect to a contracted work on a public works project, an organization which represents, for purposes of collective bargaining, employees involved in the performance of public works contracts and eligible to be paid prevailing wages under the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.)and has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work, in a manner consistent with the provisions of this act and any plan mutually agreed upon by the labor organization and the public entity pursuant to subsection g. of section 5 of this act.
"Project labor agreement" means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project.
"Public entity" means the State, any of its political subdivisions, any authority created by the Legislature and any instrumentality or agency of the State or of any of its political subdivisions.
"Public works project" means any public works project for [the] construction, reconstruction, demolition or renovation [of buildings at the public expense, other than pumping stations or water or sewage treatment plants,] for which:
(1) It is required by law that workers be paid the prevailing wage determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.); and
(2) The public entity
estimates that the total cost of the project,
exclusive of any land acquisition costs, will equal or exceed $5 million.
(cf: P.L.2002, c.44, s.2)
2. Section 5 of P.L.2002, c.44 (C.52:38-5) is amended to read as follows:
5. Each project labor agreement executed pursuant to the provisions of this act shall:
a. Advance the interests of the public entity, including the interests in cost, efficiency, quality, timeliness, skilled labor force, and safety;
b. Contain guarantees against strikes, lock-outs, or other similar actions;
c. Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;
d. Be made binding on all contractors and subcontractors on the public works project through the inclusion of appropriate bid specifications in all relevant bid documents;
e. Require that each contractor and subcontractor working on the public works project have an apprenticeship program;
f. Fully conform to all statutes, regulations, executive orders and applicable local ordinances regarding the implementation of set-aside goals for women and minority owned businesses, the obligation to comply with which shall be expressly provided in the project labor agreement;
g. Include a publicly available plan regarding the shares of employment and apprenticeship positions in the public works project for minority group members and women which is in full conformance with the requirements of all applicable statutes, regulations, executive orders and local ordinances and is mutually agreed upon by every one of the participating labor organizations and the public entity which will own the facilities which are built, altered or repaired under the public works project, provided that any shares mutually agreed upon pursuant to this subsection shall equal or exceed the requirements of other statutes, regulations, executive orders or local ordinances, and provided that the plan shall provide agreed-upon shares for minority group members and women in each occupational classification in the project and each participating labor organization;
h. Require the contract for the public works project to provide whatever resources may be needed to prepare for apprenticeship a number of women and minority members sufficient to enable compliance with the plan agreed upon pursuant to subsection g. of this section and provide that the use of those resources be administered jointly by the participating labor organizations and the public entity or community-based organizations selected by the public entity; and
i. Require the public body to monitor, or arrange to have a State agency monitor, the amount and share of work done on the project by minority group members and women and the progression of minority group members and women into apprentice and journey worker positions and require the public body to make public, or have the State agency make public, all records of monitoring conducted pursuant to this subsection.
When a public entity is determining which labor organizations are to participate in a project labor agreement executed pursuant to the provisions of this act for a non-building public works project, the public entity shall give priority to obtaining participation by qualified labor organizations which either have a substantial history of representing employees in successfully-completed non-building public works projects, or have previously represented employees in one or more successfully-completed non-building public works projects undertaken by the public entity. For the purposes of this section, "non-building public works project" means a public works project which is not a project for the construction, reconstruction, demolition or renovation of buildings at the public expense other than pumping stations or water or sewage treatment plants. A "non-building public works project" includes, but is not limited to, a public works project for the construction, reconstruction, demolition or renovation of highways, transit lines, bridges, tunnels, pumping stations, or water or sewage treatment plants.
(cf. P.L.2002, c.44, s.5)
3. This act shall take effect immediately.
STATEMENT
This bill provides that the plans currently required for a project labor agreement (PLA) regarding the shares of employment and apprenticeship positions for minority group members and women will apply to each occupational classification in the project and each participating labor organization.
The bill also extends, for a public entity, the option of entering into a PLA to public works projects other than the projects for selected buildings for which PLA's are permitted under current law. Examples of the kinds of non-building public works projects to which the bill extends the PLA option are projects involving highways, transit lines, bridges, tunnels, pumping stations, or water or sewage treatment plants.
The bill requires a public entity, when determining which labor organizations participate in a PLA for a non-building project, to give priority to qualified labor organizations which either have a substantial history of representing employees in successfully-completed non-building public works projects, or have previously represented employees in one or more successfully-completed non-building public works projects undertaken by the public entity.
