THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BEAR, SAYLOR, MILLER, BENNINGHOFF, BOYD, CAUSER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FLECK, GINGRICH, HICKERNELL, MARSICO, MOUL, QUINN, RAPP, REICHLEY, ROCK, ROHRER, ROSS, SWANGER, TALLMAN, TRUE AND WATSON, SEPTEMBER 29, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 29, 2009
Providing for open contracting by the Commonwealth and its
political subdivisions and their agencies and authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Open
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Public body." The Commonwealth or any of its political
subdivisions, or an agency or authority of either.
"Public works." Construction, reconstruction, demolition,
alteration or repair work, other than routine maintenance work,
contracted for by a public body.
"Responsible bidder." A person, partnership or corporation
that has the capability in all respects to fully perform the
contract requirements and who has the integrity and reliability
which will assure good faith performance.
Section 3. Prohibited practices.
Contract specifications issued by public bodies soliciting
bids on public works projects shall not include any of the
(1) A requirement that a successful bidder or any of its
subcontractors utilize workers:
(i) represented by a designated labor organization;
(ii) referred by a designated labor organization.
(2) A requirement that a successful bidder's existing
work force or any of its subcontractors' work forces
affiliate with or pay dues to a labor organization.
(3) A requirement that a successful bidder or any of its
subcontractors recognize a labor organization as the
exclusive representative of any of its employees on the
public works project.
Section 4. Discrimination prohibited.
No public body shall consider or use as a criterion in its
selection process the union or nonunion status of a bidder's
Section 5. Enforcement.
(a) General rule.--A party who is aggrieved by an act
committed by a public body in violation of section 3 or 4 may
file an action in a court of competent jurisdiction to enjoin
(b) Damages and attorney fees.--A court of competent
jurisdiction may award damages and reasonable attorney fees to
an aggrieved party that is successful in an action filed under
Section 10. Effective date.
This act shall take effect in 60 days.