Bill Text: VA SB182 | 2020 | Regular Session | Amended
Bill Title: Public works contracts; definitions, authorization of project labor agreements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-04-22 - Governor: Acts of Assembly Chapter text (CHAP1251) [SB182 Detail]
Download: Virginia-2020-SB182-Amended.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 contracts; project labor agreements authorized.
A. As used in this section:
"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 bodys" means any authority, board,
bureau, commission, district, or agency of the Commonwealth or of any political
subdivision of the Commonwealth, including cities, towns, and counties,
municipal councils, school boards, and public institutions of higher education.
"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
public body.
"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 public body, 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 public body nor any construction manager acting
on behalf of the state agency public body shall, 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 agreements with one or more labor organizations, on the same or related public works 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 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 public body 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 public body
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 public body,
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.