SP0499
LD 1564
PUBLIC Law, Chapter 278

on - Session - 129th Maine Legislature
 
 
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An Act To Authorize Project Labor Agreements for Public Works Projects

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §1316,  as enacted by PL 2011, c. 463, §3, is repealed.

Sec. 2. 26 MRSA c. 43  is enacted to read:

CHAPTER 43

PROJECT LABOR AGREEMENTS

§ 3501 Project labor agreements for public works projects

1 Definitions.   As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
A "Public authority" has the same meaning as in section 1304, subsection 7.
B "Public works" has the same meaning as in section 1304, subsection 8.
2 Public authority may require project labor agreement.   Notwithstanding any other provision of law regarding procurement of goods or services, a public authority may require a project labor agreement for any public works project when that public authority has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the public authority shall consider the effects a project labor agreement may have on:
A The efficiency, cost and direct and indirect economic benefits to the public authority;
B The availability of a skilled workforce to complete the public works project;
C The prevention of construction delays;
D The safety and quality of the public works project;
E The advancement of minority-owned businesses and women-owned businesses; and
F Employment opportunities for the community.
3 Requirements.   A project labor agreement required by a public authority pursuant to this section must:
A Set forth mutually binding procedures for resolving disputes that can be implemented without delay;
B Include guarantees against a strike, lockout or other concerted action aimed at slowing or stopping the progress of the public works project;
C Ensure a reliable source of skilled and experienced labor;
D Include goals for the number of apprentices and for a percentage of work to be performed by minorities, women and veterans;
E Provide for the invitation of all contractors to bid on the public works project without regard to whether the employees of any such contractor are members of a labor organization;
F Permit the selection of the lowest responsible qualified bidder without regard to labor organization affiliation; and
G Bind all contractors and subcontractors to the terms of the agreement.

A project labor agreement required by a public authority pursuant to this section may not require compulsory labor organization membership of employees working on the public works project.

4 Bidder that does not agree to abide by conditions.   A bidder for a public works project that does not agree to abide by the conditions of the project labor agreement or a requirement to negotiate a project labor agreement may not be regarded as a responsible qualified bidder for the project.

Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.


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