Bill Text: VA SB182 | 2020 | Regular Session | Chaptered
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-Chaptered.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 body" has the same meaning as provided in §2.2-4301.
"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 Each 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 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.
2. That the provisions of this act shall become effective on May 1, 2021.
