Section 34.216

Title IV EXECUTIVE BRANCH

Chapter 34

Effective - 28 Aug 2007, 2 histories, see footnote   (history) 

  34.216.  Union-only project labor agreements permitted, when — compliance, procedure. — 1.  For purposes of this section, the term "project labor agreement" shall be defined as a multiemployer, multiunion pre-hire agreement designed to systemize labor relations at a construction site that is required by the state or a political subdivision of the state as a condition of a bid specification for a construction project, thereby insuring that all contractors and subcontractors on a project comply with the terms of a union-only agreement.

  2.  The state or a political subdivision of the state may enter into a union-only project labor agreement for the procurement of construction services, except as provided in section 34.209, on a project-by-project basis only if the project is funded fifty percent or less with state funds and only on the condition that:

  (1)  The state or political subdivision must analyze the impact of a union-only project labor agreement and consider:

  (a)  Whether the union-only project labor agreement advances the interests of the public entity and its citizens;

  (b)  Whether the union-only project labor agreement is appropriate considering the complexity, size, cost impact, and need for efficiency on the project;

  (c)  Whether the union-only project labor agreement impacts the availability of a qualified work force; and

  (d)  Whether the scope of the union-only project labor agreement has a business justification for the project as bid;

  (2)  The state or political subdivision shall publish the findings of subdivision (1) of this subsection in a document titled "Intent to Enter Into a Union Project Labor Agreement".  The document shall establish a rational basis upon which the state or political subdivision bases its intent to require a union-only project labor agreement for the project;

  (3)  No fewer than fourteen days but not more than thirty days following publication of the notice of a public hearing, the state or political subdivision shall conduct a public hearing on whether to proceed with its intent to require a union-only project labor agreement;

  (4)  Within thirty days of the public hearing set forth in subdivision (3) of this subsection, the state or political subdivision shall publish its determination on whether or not to require a union-only project labor agreement.

  3.  (1)  Any interested party may, within thirty days of the determination of the state or political subdivision as set forth in subdivision (4) of subsection 2 of this section, appeal to the labor and industrial relations commission for a determination as to whether the state or political subdivision complied with subsection 2 of this section for a union-only project labor agreement as defined in subsection 1 of this section.

  (2)  The labor and industrial relations commission shall consider the appeal in subdivision (1) of this section under a rational basis standard of review.

  (3)  The labor and industrial relations commission shall hold a hearing on the appeal within sixty days of the filing of the appeal.  The commission shall issue its decision within ninety days of the filing date of the appeal.

  (4)  Any aggrieved party from the labor and industrial relations commission decision set forth in subdivision (3) of this subsection may file an appeal with the circuit court of Cole County within thirty days of the commission's decision.

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(L. 2007 S.B. 339)