An Act To Authorize Project Labor Agreements for Public Works Projects
Maine Legislature, Session 129, LD 1564
Committee: Labor and Housing
Sponsors: JACKSON

Legislative Document
No. 1564
S.P. 499
In Senate, April 16, 2019
An Act To Authorize Project Labor Agreements for Public Works 
Projects
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA c. 43 is enacted to read:
CHAPTER 43
PROJECT LABOR AGREEMENTS
§3501.  Project labor agreements for public works projects
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Public authority" has the same meaning as in section 1304, subsection 7.
B.  "Public works" has the same meaning as in section 1304, subsection 8.
2.  Public authority may require project labor agreement.  Notwithstanding any 
other provision of law regarding procurement of goods or services, a public authority may 
require a project labor agreement for any public works project when that public authority 
has determined, on a project-by-project basis and acting within its discretion, that it is in 
the public's interest to require such an agreement.  In making such a determination, the 
public authority shall consider the effects a project labor agreement may have on:
A.  The efficiency, cost and direct and indirect economic benefits to the public 
authority;
B.  The availability of a skilled workforce to complete the public works project;
C.  The prevention of construction delays;
D.  The safety and quality of the public works project;
E.  The advancement of minority-owned businesses and women-owned businesses; 
and
F.  Employment opportunities for the community.
3.  Requirements.  A project labor agreement required by a public authority pursuant 
to this section must:
A.  Set forth mutually binding procedures for resolving disputes that can be 
implemented without delay;
B.  Include guarantees against a strike, lockout or other concerted action aimed at 
slowing or stopping the progress of the public works project;
C.  Ensure a reliable source of skilled and experienced labor;
D.  Include goals for the number of apprentices and for a percentage of work to be 
performed by minorities, women and veterans;
E.  Provide for the invitation of all contractors to bid on the public works project 
without regard to whether the employees of any such contractor are members of a 
labor organization;
F.  Permit the selection of the lowest responsible qualified bidder without regard to 
labor organization affiliation; and
G.  Bind all contractors and subcontractors to the terms of the agreement.
A project labor agreement required by a public authority pursuant to this section may not 
require compulsory labor organization membership of employees working on the public 
works project.
4.  Bidder that does not agree to abide by conditions.  A bidder for a public works 
project that does not agree to abide by the conditions of the project labor agreement or a 
requirement to negotiate a project labor agreement may not be regarded as a responsible 
qualified bidder for the project.
SUMMARY
This bill allows a public authority to require a project labor agreement for a public 
works project when that public authority determines that it is in the public's interest to 
require such an agreement.