(A) “Project Labor Agreements” are terms established between a contractor(s), subcontractor(s), and the union(s) representing workers. Under a Project Labor Agreement, the contractors and subcontractors on a project and the union(s) agree on terms and conditions of employment for the project, establishing a framework for labor-management cooperation to advance the Metro Government's procurement interest in cost, efficiency, and quality.
(B) The Department of Purchasing in conjunction with a Department requesting a construction contract to be let in excess of $3,000,000 for public improvement projects shall consider the use of a project labor agreement. The decision to use a Project Labor Agreement shall be made on a case by case basis, prior to selecting the method of contracting for the project and shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public. The decision to use a project labor agreement shall begin with a weighing of the important public policies favoring open competitive bidding with the Metro Government's interest in labor stability, cost, efficiency, quality, safety and timeliness.
(C) In making a decision on whether to use a Project Labor Agreement, the following factors shall also be considered:
(1) The potential for labor disruptions, such as strikes, lockouts, or slowdowns that could affect completion of the project;
(2) The number of trades and crafts anticipated to be used on the project;
(3) The need and urgency of the project and the harm to the public if completion of the project is delayed;
(4) The size and complexity of the project and the time needed for completion; and
(5) The benefits to the public from the use of a project labor agreement relative to cost, efficiency, quality, safety and timeliness.
(D) All project labor agreements shall:
(1) Designate a general contractor, project manager or similar construction firm or consultant which is experienced in the negotiation and administration of project labor agreements to manage and oversee the construction of the project including the development and implementation of a labor relations policy for the project;
(2) Set forth effective, immediate and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;
(3) Acknowledge the Metro Government's goals for the utilization of certified minority, female and handicapped owned businesses as established in § 37.67 and the rules and regulations established thereunder;
(4) Be made binding on all contractors and subcontractors on the project through the inclusion of appropriate bid specifications in all relevant bid documents;
(5) Contain guarantees against strikes, slowdowns, picketing, lockouts, or other similar action during the project;
(6) Be open to competition for work to be performed and materials to be supplied to all union and non-union contractors, subcontractors, and material suppliers who are willing to abide by the terms of the project labor agreement; and
(7) Prohibit discrimination in job referrals as required by federal and state law.
(Lou. Ord. No. 0062-2002, § 1, approved 5-28-2002; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007)