Bill Text: IL HR0214 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Urges organizations that are entering into construction contracts for work on the Southwestern Illinois Flood Prevention Project, where that work is paid for wholly or partially with public tax dollars, to require contractors to sign and utilize Project Labor Agreements for those projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-05-29 - Resolution Adopted [HR0214 Detail]
Download: Illinois-2013-HR0214-Introduced.html
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1 | HOUSE RESOLUTION
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2 | WHEREAS, The Southwestern Illinois Flood Prevention | ||||||
3 | District Council annually expends substantial sums in the | ||||||
4 | purchase of construction goods and services on projects that | ||||||
5 | are part of the regional levee system improvement project, | ||||||
6 | known as the Southwestern Illinois Flood Prevention Project; | ||||||
7 | and
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8 | WHEREAS, The Southwestern Illinois Flood Prevention | ||||||
9 | Project is primarily being built using public tax dollars, as | ||||||
10 | authorized by the Illinois General Assembly and the county | ||||||
11 | boards of Madison, St. Clair, and Monroe counties; and
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12 | WHEREAS, Those expenditures constitute a major investment | ||||||
13 | in the future of southwestern Illinois, and the Southwestern | ||||||
14 | Illinois Flood Prevention District Council will compete in the | ||||||
15 | private marketplace for these construction goods and services; | ||||||
16 | and
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17 | WHEREAS, The Southwestern Illinois Flood Prevention | ||||||
18 | Project is an urgent priority for the region because of the | ||||||
19 | impact on public safety and the area's economy; and
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20 | WHEREAS, Because of the urgent nature of the Southwestern | ||||||
21 | Illinois Flood Prevention Project, the Council desires to take |
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1 | all necessary steps to minimize any delay in the construction | ||||||
2 | of the project; and
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3 | WHEREAS, Time lost due to labor conflicts and | ||||||
4 | jurisdictional disputes can cause serious delays in the | ||||||
5 | completion of the project and consequently cause an increase in | ||||||
6 | the cost of the construction project; and
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7 | WHEREAS, There are trade unions that are recognized by the | ||||||
8 | National Labor Relations Board, and which have as their primary | ||||||
9 | duties the negotiation of wages and hours, no-strike | ||||||
10 | agreements, and other matters on behalf of their members; the | ||||||
11 | unions also have control of the apprenticeship of new members | ||||||
12 | and the continued training of current members; and
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13 | WHEREAS, Project Labor Agreements can be of economic | ||||||
14 | benefit to property owners, including states and their | ||||||
15 | political subdivisions, for their major construction projects | ||||||
16 | (including a complex interrelated series of projects), | ||||||
17 | particularly those which extend for a substantial period of | ||||||
18 | time and involve a substantial number of construction | ||||||
19 | contractors and subcontractors or a substantial number of | ||||||
20 | construction trades and specialized craft workers; and
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21 | WHEREAS, Project Labor Agreements can facilitate the | ||||||
22 | timely and efficient completion of the regional levee system |
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1 | improvement project by making available a ready and adequate | ||||||
2 | supply of highly trained and skilled craft workers; permitting | ||||||
3 | public and private owners and contractors to more accurately | ||||||
4 | predict project labor costs at the bidding stage; establishing | ||||||
5 | working conditions for all construction crafts for the duration | ||||||
6 | of the project; and providing a legally enforceable means of | ||||||
7 | assuring labor stability and labor peace over the life of such | ||||||
8 | project, thereby reducing the possibility of interruptions and | ||||||
9 | delays resulting from labor disputes; and
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10 | WHEREAS, The generally short-term nature of employment in | ||||||
11 | the construction industry makes post-hire collective | ||||||
12 | bargaining difficult and unrealistic; and
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13 | WHEREAS, The Board of Directors of the Southwestern | ||||||
14 | Illinois Flood Prevention District Council has adopted a | ||||||
15 | resolution requiring contractors working on the Project and | ||||||
16 | paid with local tax dollars to enter into Project Labor | ||||||
17 | Agreements; and
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18 | WHEREAS, If work is to be done on the Project by the United | ||||||
19 | States Army Corps of Engineers, there is a substantial required | ||||||
20 | local cost-share that will be provided from the proceeds of the | ||||||
21 | local sales tax authorized by the Illinois General Assembly; | ||||||
22 | and
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1 | WHEREAS, The President of the United States has issued | ||||||
2 | Executive Order 13502 to "encourage executive agencies to | ||||||
3 | consider requiring the use of project labor agreements in | ||||||
4 | connection with large-scale construction projects in order to | ||||||
5 | promote economy and efficiency in Federal procurement"; and
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6 | WHEREAS, The National Labor Relations Act allows for a | ||||||
7 | collective bargaining agreement between a labor organization | ||||||
8 | and an employer in the construction industry relating to the | ||||||
9 | contracting or subcontracting of work to be done at the site of | ||||||
10 | the construction, alteration, painting, or repair of a | ||||||
11 | building, structure, or other work; and
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12 | WHEREAS, The courts have upheld the right of states and | ||||||
13 | their subdivisions, as proprietors, to enter into construction | ||||||
14 | contracts, with project managers or general contractors, that | ||||||
15 | contain Project Labor Agreement provisions, and those courts | ||||||
16 | have found that Project Labor Agreement provisions are not | ||||||
17 | preempted by the National Labor Relations Act, the Employee | ||||||
18 | Retirement Income Security Act, or the Sherman Anti-Trust Act, | ||||||
19 | or by the Equal Protection or Due Process Clauses of the 14th | ||||||
20 | Amendment; therefore, be it
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21 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
22 | NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | ||||||
23 | we urge organizations that are entering into construction |
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1 | contracts for work on the Southwestern Illinois Flood | ||||||
2 | Prevention Project, where that work is paid for wholly or | ||||||
3 | partially with public tax dollars, to require contractors to | ||||||
4 | sign and use Project Labor Agreements for those projects; and | ||||||
5 | be it further
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6 | RESOLVED, That this resolution is to apply to work done by | ||||||
7 | the United States Army Corps of Engineers on the Southwestern | ||||||
8 | Illinois Flood Prevention Project.
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