Sponsored by:
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
SYNOPSIS
Revises definition of “public works projects” to permit project labor agreements for more projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning project labor agreements and amending P.L.2002, c.44.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2002, c.44 (C.52:38-2) is amended to read as follows:
2. For the purposes of this act:
"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] Office of Apprenticeship [and Training] of the U.S. Department of Labor and meeting the standards established by the [bureau] office, or registered by a State apprenticeship agency recognized by the [bureau] office.
"Labor organization" means, with respect to a contracted work on a public works project, an organization which represents, for purposes of collective bargaining, employees involved in the performance of public works contracts and eligible to be paid prevailing wages under the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.)and has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work, in a manner consistent with the provisions of this act and any plan mutually agreed upon by the labor organization and the public entity pursuant to subsection g. of section 5 of this act.
"Project labor agreement" means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project.
"Public entity" means the State, any of its political subdivisions, any authority created by the Legislature and any instrumentality or agency of the State or of any of its political subdivisions.
"Public works project" means any public works project for [the] construction, reconstruction, demolition or renovation [of buildings at the public expense, other than pumping stations or water or sewage treatment plants,] for which:
(1) It is required by law that workers be paid the prevailing wage determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of the "New Jersey Prevailing Wage Act", P.L.1963, c.150 (C.34:11-56.25 et seq.); and
(2) The public entity estimates that the total cost of the project,
exclusive of any land acquisition
costs, will equal or exceed $5
million.
(cf: P.L.2002, c.44, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill amends P.L.2002, c.44 (C.52:38-1 et seq.), the law authorizing project labor agreements (PLAs) to allow PLAs in certain kinds of public work contracts which that law now excludes.
That law currently allows a PLA for a public works project only if:
1. The project is worth at least $5 million (excluding land acquisition costs);
2. The workers in the project are required by law to be paid the prevailing wage set by P.L.1963, c.150 (C.34:11-56.25 et seq.); and
3. The project is for the construction, reconstruction, demolition or renovation of buildings at the public expense, other than pumping stations or water or sewage treatment plants.
The current law therefore excludes many projects, such as highways, bridges, pumping stations, and water and sewage treatment plants, from having PLAs.
This bill removes from the definition of “public works project” all references to the kind of structure or improvement, instead identifying a project only as “construction, reconstruction, demolition or renovation.” That change extends the option of using a PLA to projects excluded under the current law, such as highways, bridges, pumping stations, and water and sewage treatment plants. The bill leaves unchanged the provisions of the law’s definition of a public works project that require a project to be worth at least $5 million and have workers subject to the prevailing wage law.