HR0214 98TH GENERAL ASSEMBLY

HR0214 LRB098 11616 GRL 43982 r

HOUSE RESOLUTION

WHEREAS, The Southwestern Illinois Flood Prevention District Council annually expends substantial sums in the purchase of construction goods and services on projects that are part of the regional levee system improvement project, known as the Southwestern Illinois Flood Prevention Project; and

WHEREAS, The Southwestern Illinois Flood Prevention Project is primarily being built using public tax dollars, as authorized by the Illinois General Assembly and the county boards of Madison, St. Clair, and Monroe counties; and

WHEREAS, Those expenditures constitute a major investment in the future of southwestern Illinois, and the Southwestern Illinois Flood Prevention District Council will compete in the private marketplace for these construction goods and services; and

WHEREAS, The Southwestern Illinois Flood Prevention Project is an urgent priority for the region because of the impact on public safety and the area's economy; and

WHEREAS, Because of the urgent nature of the Southwestern Illinois Flood Prevention Project, the Council desires to take all necessary steps to minimize any delay in the construction of the project; and

WHEREAS, Time lost due to labor conflicts and jurisdictional disputes can cause serious delays in the completion of the project and consequently cause an increase in the cost of the construction project; and

WHEREAS, There are trade unions that are recognized by the National Labor Relations Board, and which have as their primary duties the negotiation of wages and hours, no-strike agreements, and other matters on behalf of their members; the unions also have control of the apprenticeship of new members and the continued training of current members; and

WHEREAS, Project Labor Agreements can be of economic benefit to property owners, including states and their political subdivisions, for their major construction projects (including a complex interrelated series of projects), particularly those which extend for a substantial period of time and involve a substantial number of construction contractors and subcontractors or a substantial number of construction trades and specialized craft workers; and

WHEREAS, Project Labor Agreements can facilitate the timely and efficient completion of the regional levee system improvement project by making available a ready and adequate supply of highly trained and skilled craft workers; permitting public and private owners and contractors to more accurately predict project labor costs at the bidding stage; establishing working conditions for all construction crafts for the duration of the project; and providing a legally enforceable means of assuring labor stability and labor peace over the life of such project, thereby reducing the possibility of interruptions and delays resulting from labor disputes; and

WHEREAS, The generally short-term nature of employment in the construction industry makes post-hire collective bargaining difficult and unrealistic; and

WHEREAS, The Board of Directors of the Southwestern Illinois Flood Prevention District Council has adopted a resolution requiring contractors working on the Project and paid with local tax dollars to enter into Project Labor Agreements; and

WHEREAS, If work is to be done on the Project by the United States Army Corps of Engineers, there is a substantial required local cost-share that will be provided from the proceeds of the local sales tax authorized by the Illinois General Assembly; and

WHEREAS, The President of the United States has issued Executive Order 13502 to "encourage executive agencies to consider requiring the use of project labor agreements in connection with large-scale construction projects in order to promote economy and efficiency in Federal procurement"; and

WHEREAS, The National Labor Relations Act allows for a collective bargaining agreement between a labor organization and an employer in the construction industry relating to the contracting or subcontracting of work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work; and

WHEREAS, The courts have upheld the right of states and their subdivisions, as proprietors, to enter into construction contracts, with project managers or general contractors, that contain Project Labor Agreement provisions, and those courts have found that Project Labor Agreement provisions are not preempted by the National Labor Relations Act, the Employee Retirement Income Security Act, or the Sherman Anti-Trust Act, or by the Equal Protection or Due Process Clauses of the 14th Amendment; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge 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 use Project Labor Agreements for those projects; and be it further

RESOLVED, That this resolution is to apply to work done by the United States Army Corps of Engineers on the Southwestern Illinois Flood Prevention Project.