Full Text of HR0214 98th General Assembly
HR0214 98TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, The Southwestern Illinois Flood Prevention | 3 | | District Council annually expends substantial sums in the | 4 | | purchase of construction goods and services on projects that | 5 | | are part of the regional levee system improvement project, | 6 | | known as the Southwestern Illinois Flood Prevention Project; | 7 | | and
| 8 | | WHEREAS, The Southwestern Illinois Flood Prevention | 9 | | Project is primarily being built using public tax dollars, as | 10 | | authorized by the Illinois General Assembly and the county | 11 | | boards of Madison, St. Clair, and Monroe counties; and
| 12 | | WHEREAS, Those expenditures constitute a major investment | 13 | | in the future of southwestern Illinois, and the Southwestern | 14 | | Illinois Flood Prevention District Council will compete in the | 15 | | private marketplace for these construction goods and services; | 16 | | and
| 17 | | WHEREAS, The Southwestern Illinois Flood Prevention | 18 | | Project is an urgent priority for the region because of the | 19 | | impact on public safety and the area's economy; and
| 20 | | WHEREAS, Because of the urgent nature of the Southwestern | 21 | | Illinois Flood Prevention Project, the Council desires to take |
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| 1 | | all necessary steps to minimize any delay in the construction | 2 | | of the project; and | 3 | | WHEREAS, Time lost due to labor conflicts and | 4 | | jurisdictional disputes can cause serious delays in the | 5 | | completion of the project and consequently cause an increase in | 6 | | the cost of the construction project; and
| 7 | | WHEREAS, There are trade unions that are recognized by the | 8 | | National Labor Relations Board, and which have as their primary | 9 | | duties the negotiation of wages and hours, no-strike | 10 | | agreements, and other matters on behalf of their members; the | 11 | | unions also have control of the apprenticeship of new members | 12 | | and the continued training of current members; and | 13 | | WHEREAS, Project Labor Agreements can be of economic | 14 | | benefit to property owners, including states and their | 15 | | political subdivisions, for their major construction projects | 16 | | (including a complex interrelated series of projects), | 17 | | particularly those which extend for a substantial period of | 18 | | time and involve a substantial number of construction | 19 | | contractors and subcontractors or a substantial number of | 20 | | construction trades and specialized craft workers; and
| 21 | | WHEREAS, Project Labor Agreements can facilitate the | 22 | | timely and efficient completion of the regional levee system |
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| 1 | | improvement project by making available a ready and adequate | 2 | | supply of highly trained and skilled craft workers; permitting | 3 | | public and private owners and contractors to more accurately | 4 | | predict project labor costs at the bidding stage; establishing | 5 | | working conditions for all construction crafts for the duration | 6 | | of the project; and providing a legally enforceable means of | 7 | | assuring labor stability and labor peace over the life of such | 8 | | project, thereby reducing the possibility of interruptions and | 9 | | delays resulting from labor disputes; and | 10 | | WHEREAS, The generally short-term nature of employment in | 11 | | the construction industry makes post-hire collective | 12 | | bargaining difficult and unrealistic; and
| 13 | | WHEREAS, The Board of Directors of the Southwestern | 14 | | Illinois Flood Prevention District Council has adopted a | 15 | | resolution requiring contractors working on the Project and | 16 | | paid with local tax dollars to enter into Project Labor | 17 | | Agreements; and | 18 | | WHEREAS, If work is to be done on the Project by the United | 19 | | States Army Corps of Engineers, there is a substantial required | 20 | | local cost-share that will be provided from the proceeds of the | 21 | | local sales tax authorized by the Illinois General Assembly; | 22 | | and |
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| 1 | | WHEREAS, The President of the United States has issued | 2 | | Executive Order 13502 to "encourage executive agencies to | 3 | | consider requiring the use of project labor agreements in | 4 | | connection with large-scale construction projects in order to | 5 | | promote economy and efficiency in Federal procurement"; and | 6 | | WHEREAS, The National Labor Relations Act allows for a | 7 | | collective bargaining agreement between a labor organization | 8 | | and an employer in the construction industry relating to the | 9 | | contracting or subcontracting of work to be done at the site of | 10 | | the construction, alteration, painting, or repair of a | 11 | | building, structure, or other work; and | 12 | | WHEREAS, The courts have upheld the right of states and | 13 | | their subdivisions, as proprietors, to enter into construction | 14 | | contracts, with project managers or general contractors, that | 15 | | contain Project Labor Agreement provisions, and those courts | 16 | | have found that Project Labor Agreement provisions are not | 17 | | preempted by the National Labor Relations Act, the Employee | 18 | | Retirement Income Security Act, or the Sherman Anti-Trust Act, | 19 | | or by the Equal Protection or Due Process Clauses of the 14th | 20 | | Amendment; therefore, be it
| 21 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 22 | | NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 23 | | we urge organizations that are entering into construction |
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| 1 | | contracts for work on the Southwestern Illinois Flood | 2 | | Prevention Project, where that work is paid for wholly or | 3 | | partially with public tax dollars, to require contractors to | 4 | | sign and use Project Labor Agreements for those projects; and | 5 | | be it further
| 6 | | RESOLVED, That this resolution is to apply to work done by | 7 | | the United States Army Corps of Engineers on the Southwestern | 8 | | Illinois Flood Prevention Project.
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