General Assembly Raised Bill No. 987
January Session, 2011 LCO No. 3472
*03472_______LAB*
Referred to Committee on Labor and Public Employees
Introduced by:
(LAB)
General Assembly
Raised Bill No. 987
January Session, 2011
LCO No. 3472
*03472_______LAB*
Referred to Committee on Labor and Public Employees
Introduced by:
(LAB)
AN ACT REQUIRING COMMUNITY WORKFORCE AGREEMENTS FOR CONSTRUCTION PROJECTS AT THE CONNECTICUT STATE UNIVERSITY SYSTEM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) For the purposes of sections 1 and 2 of this act:
(1) "Apprenticeship program" means a registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, and registered by the Bureau of Apprenticeship and Training of the United States Department of Labor and meeting the standards established by the bureau or registered by a state apprenticeship agency recognized by the bureau;
(2) "Labor organization" has the same meaning as in section 31-77 of the general statutes;
(3) "Community workforce agreement" means a form of prehire collective bargaining agreement covering terms and conditions of a specific project;
(4) "Connecticut State University System" has the same meaning as in section 10a-1 of the general statutes; and
(5) "Department" means the Department of Public Works.
(b) On or after January 1, 2012, the Department of Public Works may require a community workforce agreement be executed for any construction contract at a Connecticut State University System college where the prevailing rate of wages are required to be paid pursuant to section 31-53 of the general statutes, provided the department, taking into consideration the size, complexity and cost of the contract, determines the community workforce agreement will meet the requirements of subsection (d) of this section, including promoting labor stability and advancing the interests of the Connecticut State University System in cost, efficiency, skilled labor force, quality, safety and timeliness. If the department determines that a community workforce agreement will meet those requirements with respect to a particular construction contract, the department shall either: Directly negotiate in good faith a community workforce agreement with one or more labor organizations; or condition the award of a contract to a responsible and qualified bidder upon a requirement that the responsible and qualified bidder negotiate in good faith a community workforce agreement with one or more labor organizations. Upon the request of the department, the Labor Commissioner shall assist in facilitating the negotiation of the community workforce agreement. The decision by the department to require the inclusion of a community workforce agreement shall not be deemed to unduly restrict competition if the department finds that the community workforce agreement is reasonably related to the satisfactory performance and completion of the construction contract, and any bidder for the construction contract refusing to agree to abide by the conditions of the community workforce agreement or the requirement to negotiate a community workforce agreement shall not be regarded as a responsible and qualified bidder, as defined in section 4b-102 of the general statutes. Upon the request of the department, the Commissioner of Labor shall review the finalized community workforce agreement and provide to the department, not more than thirty calendar days after the agreement is submitted to the Labor Commissioner by the department, a written advisory statement regarding whether the community workforce agreement conforms with the provisions of this section.
(c) Any community workforce agreement negotiated pursuant to this section, between the department or a responsible and qualified bidder and one or more labor organizations, shall be binding on all contractors and subcontractors working on the construction contract and may include provisions that permit contractors and subcontractors working on the construction contract to retain a percentage of their current workforce, and provisions that the successful bidder and any subcontractor of the bidder need not be a party to a labor agreement with the labor organizations other than for the construction contract covered by the community workforce agreement.
(d) Each community workforce agreement executed pursuant to the provisions of this section shall:
(1) Advance the interests of the Connecticut State University System, including the interests in cost, efficiency, quality, timeliness, skilled labor force and safety;
(2) Contain guarantees against strikes, lock-outs or other similar actions;
(3) Set forth effective, immediate and mutually-binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;
(4) Be made binding on all contractors and subcontractors on the public works project through the inclusion of appropriate bid specifications in all relevant bid documents;
(5) Require that each contractor and subcontractor working on the construction contract have an apprenticeship program;
(6) Fully conform to all statutes and regulations regarding the implementation of set-aside goals for women and minority-owned businesses, the obligation to comply with which shall be expressly provided in the community workforce agreement;
(7) Include a plan regarding the shares of employment and apprenticeship positions in the construction contract for minority group members and women which is in full conformance with the requirements of all applicable statutes and regulations and is mutually agreed upon by the participating labor organizations and the Connecticut State University System college which will own the facilities that are built, altered or repaired under the construction contract, provided any shares mutually agreed upon pursuant to this subsection shall equal or exceed the requirements of other statutes and regulations;
(8) Require the construction contract provide whatever resources may be needed to prepare for apprenticeship a number of women and minority members sufficient to enable compliance with the plan agreed upon pursuant to subdivision (7) of this subsection and provide that the use of those resources be administered jointly by the participating labor organizations and the Connecticut State University System college or community-based organizations selected by the Connecticut State University System college; and
(9) Require the department to monitor the amount and share of work done on the project by minority group members and women and the progression of minority group members and women into apprentice and journey worker positions and require the department to make public all records of monitoring conducted pursuant to this subdivision.
Sec. 2. (NEW) (Effective October 1, 2011) On or before January 1, 2012, and annually thereafter, the Commissioner of Public Works shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to labor and higher education on the effectiveness of the community workforce agreements in meeting the objectives set forth in subsection (d) of section 1 of this act. Such report shall include recommendations for administrative or legislative action needed to improve the community workforce agreement requirement for construction contracts for the Connecticut State University System.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
Sec. 2 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
Sec. 2
October 1, 2011
New section
Statement of Purpose:
To require the Department of Public Works to require a community workforce agreement be executed in conjunction with all construction contracts for projects on Connecticut State University System campuses, where the prevailing rate of wages is triggered.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]