Bill Text: VA HB1202 | 2020 | Regular Session | Prefiled
Bill Title: Project labor agreements; public procurement by local governments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-30 - Incorporated by General Laws [HB1202 Detail]
Download: Virginia-2020-HB1202-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4321.2 of the Code of Virginia is amended and reenacted as follows:
§2.2-4321.2. Public works contract requirements.
A. As used in this section:
"Local government" means any county, city, or town or any school division.
"Project labor agreement" means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific public works project.
"Public works" means the operation, erection,
construction, alteration, improvement, maintenance, or repair of any public
facility or immovable property owned, used, or leased by a state
agency local government.
"State
agency" means any authority, board, department, instrumentality,
institution, agency, or other unit of state government.
"State agency" shall not include any county, city, or town.
B. Except as provided in
subsection F or as required by federal law, each state agency Each local government, when
engaged in procuring products or services or letting contracts for
construction, manufacture, maintenance, or operation of public works paid for in whole or in part by state funds,
or when overseeing or administering such procurement, construction,
manufacture, maintenance, or operation, shall ensure that neither
the state agency nor any construction manager acting on behalf of the state
agency shall may, in
its bid specifications, project agreements, or other controlling documents:
1. Require or prohibit
bidders, offerors, contractors, or subcontractors to enter into or adhere to project labor agreements with
one or more labor organizations, on the same or related public works projects; or and
2. Otherwise discriminate
against Require
bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to
become or remain signatories or otherwise to adhere to project
labor agreements with one or more labor organizations, on
the same or other related public works projects.
Nothing in this subsection
shall prohibit contractors or subcontractors from voluntarily entering into
agreements described in subdivision 1.
C. A state agency issuing
grants, providing financial assistance, or entering into cooperative agreements
for the construction, manufacture, maintenance, or operation of public works
shall ensure that neither the bid specifications, project agreements, nor other
controlling documents therefor awarded by recipients of grants or financial
assistance or by parties to cooperative agreements, nor those of any
construction manager acting on behalf of such recipients, shall:
1. Require or prohibit
bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or related
projects; or
2. Otherwise discriminate
against bidders, offerors, contractors, subcontractors, or operators for
becoming or refusing to become or remain signatories or otherwise to adhere to
agreements with one or more labor organizations, on the same or other related
projects.
D. If an awarding authority,
a recipient of grants or financial assistance, a party to a cooperative
agreement, or a construction manager acting on behalf of any of them performs
in a manner contrary to the provisions of subsection B or C, the state agency
awarding the contract, grant, or assistance shall be entitled to injunctive
relief to prevent any violation of this section.
E. Any interested party,
which shall include a bidder, offeror, contractor, subcontractor, or operator,
shall have standing to challenge any bid specification, project agreement,
neutrality agreement, controlling document, grant, or cooperative agreement
that violates the provisions of this section. Furthermore, such interested
party shall be entitled to injunctive relief to prevent any violation of this
section.
F. The provisions of this
section shall not:
1. Apply to any
public-private agreement for any construction or infrastructure project in
which the private body, as a condition of its investment or partnership with
the state agency, requires that the private body have the right to control its
labor relations policy and perform all work associated with such investment or
partnership in compliance with all collective bargaining agreements to which
the private party is a signatory and is thus legally bound with its own
employees and the employees of its contractors and subcontractors in any manner
permitted by the National Labor Relations Act, 29 U.S.C. §151 et seq., or the
Railway Labor Act, 45 U.S.C. §151 et seq.;
2. Prohibit an employer or
any other person covered by the National Labor Relations Act or the Railway
Labor Act from entering into agreements or engaging in any other activity
protected by law; or
3. Be interpreted to
interfere with the labor relations of persons covered by the National Labor
Relations Act or the Railway Labor Act.
