PRINTER'S NO. 2272
No. 1820 Session of 1999
INTRODUCED BY LEH, L. I. COHEN, FAIRCHILD, FARGO, FORCIER, HENNESSEY, HERSHEY, METCALFE, S. MILLER, ROHRER, SAYLOR, SEYFERT, E. Z. TAYLOR, WILT AND ZUG, SEPTEMBER 27, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 27, 1999
AN ACT 1 Prohibiting public agencies, contractors and subcontractors from 2 entering into certain contracts with labor unions. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Open 7 Contracting Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Public entity." The Commonwealth, a political subdivision 13 or an agency or instrumentality or agency of either. 14 Section 3. Prohibited activities. 15 (a) Commonwealth and other public agencies.--A public entity 16 shall ensure that bid specifications, project agreements and 17 other controlling documents, including those of any contractor
1 or construction manager, do not do any of the following: 2 (1) Require bidders, offerors, contractors or 3 subcontractors to enter into or adhere to agreements with one 4 or more labor organizations on the same or related 5 construction projects. 6 (2) Discriminate against bidders, offerors, contractors 7 or subcontractors for refusing to become or remain 8 signatories or otherwise adhere to agreements with one or 9 more labor organizations on the same or related construction 10 projects. 11 (3) Require any bidder, offeror, contractor or 12 subcontractor to enter into, adhere to or enforce any 13 agreement that requires its employees as a condition of 14 employment to: 15 (i) become members of or become affiliated with a 16 labor organization; or 17 (ii) pay dues or fees to a labor organization, over 18 an employee's objection, in excess of the employee's 19 share of labor organization costs relating to collective 20 bargaining, contract administration or grievance 21 adjustment. 22 (b) Contractors and subcontractors.--No contractor or 23 subcontractor under a contract with a public entity may require, 24 as a condition of a subcontract relating to a public 25 construction contract, that the party with which it contracts 26 impose or enforce any of the elements specified in subsection 27 (a) in performing its subcontract. 28 (c) Voluntary lawful agreements.--This section does not 29 prohibit a contractor or subcontractor from voluntarily entering 30 into an otherwise lawful agreement with a labor organization 19990H1820B2272 - 2 -
1 regarding its own employees. 2 Section 4. Grants and cooperative agreements. 3 (a) General rule.--A public entity may not issue a grant or 4 enter into a cooperative agreement for a construction project a 5 condition of which requires that bid specifications, project 6 agreements or other controlling documents pertaining to the 7 grant or cooperative agreement contain any of the elements 8 specified in section 3(a). 9 (b) Duty of public entities.--A public entity shall exercise 10 authority required to preclude a grant recipient or party to a 11 cooperative agreement from imposing any of the elements 12 specified in section 3(a) in connection with a grant or 13 cooperative agreement awarded or entered into. 14 Section 5. Penalties. 15 (a) Penalties under section 3.--If a contractor or 16 construction manager does not perform in accordance with section 17 3, the public entity shall, upon good cause shown, take action 18 as the public entity determines appropriate, including 19 debarment, suspension, termination for default or withholding of 20 payments. 21 (b) Penalties under section 4.--If a recipient of a grant or 22 party to a cooperative agreement does not perform in accordance 23 with section 4, the public entity that awarded the grant or that 24 was the party to the cooperative agreement shall take action as 25 the public entity determines appropriate. 26 Section 6. Effective date. 27 This act shall take effect in 60 days. A11L43VDL/19990H1820B2272 - 3 -