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PRINTER'S NO. 2351
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1751
Session of
2017
INTRODUCED BY BERNSTINE, WATSON, DUNBAR, GROVE, KAUFFMAN,
MILLARD, MENTZER, BENNINGHOFF, CUTLER, SAYLOR, FEE, BLOOM,
WHEELAND, B. MILLER AND COX, AUGUST 30, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 30, 2017
AN ACT
Providing for public notice and access requirements for public
works projects labor agreements.
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 Project Labor
Agreement Transparency Act.
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:
"Labor organization." An organization of any kind, or an
agency or employee representation committee or plan in which
employees participate, and which exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work.
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"Official website." The official Internet location
designated by a public body as its primary source of information
about the public body.
"Project labor agreement." An agreement, clause, addendum or
portion of an agreement that requires an entity contracted to
perform construction services to:
(1) utilize workers represented by a designated labor
organization or referred by a designated labor organization;
(2) affiliate with or pay dues to a labor organization;
or
(3) recognize a labor organization as the exclusive
representative of any of its employees on a public works
project.
"Public body." The Commonwealth or any of its political
subdivisions or an agency, authority or instrumentality of the
Commonwealth or any of its political subdivisions.
"Public works project." A project consisting of
construction, reconstruction, demolition, alteration or repair
work, other than routine maintenance work, contracted for by a
public body, and costing a minimum of $25,000.
Section 3. Notice of project labor agreements.
A public body shall prominently post notice of a project
labor agreement that is applicable to a public works project of
the public body on its official website at least 20 days prior
to the issuance of an invitation for bids or request for
proposals for the public works project. The notice shall remain
posted on the official website of the public body until the
period to submit bids for the project has closed.
Section 4. Public access to project labor agreements.
A public body shall provide a copy of a project labor
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agreement to any person upon request at no cost to the person,
except that a public body may charge a reasonable fee for copies
if the public body has posted a printable copy of the project
labor agreement on its official website with the notice required
by section 3.
Section 5. Failure to post notice or provide public access.
Failure to post notice of a project labor agreement as
required by section 3 or failure to provide public access to a
project labor agreement as required by section 4 shall render
the project labor agreement null and void.
Section 6. Applicability.
This act shall apply only to project labor agreements
executed after the effective date of this act.
Section 7. Effective date.
This act shall take effect in 90 days.
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