An Act To Ensure Quality, Safety and Accountability on Public Construction Projects
Maine Legislature, Session 129, LD 1439
Committee: State and Local Government
Sponsors: SYLVESTER, ACKLEY, COLLINGS, DUNPHY, EVANGELOS, FOLEY, HANDY, KESSLER
Amends: 26 MRSA §1317

Legislative Document
No. 1439
H.P. 1051
House of Representatives, April 2, 2019
An Act To Ensure Quality, Safety and Accountability on Public 
Construction Projects
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Representatives: ACKLEY of Monmouth, COLLINGS of Portland, DUNPHY 
of Old Town, EVANGELOS of Friendship, FOLEY of Biddeford, HANDY of Lewiston, 
KESSLER of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1317 is enacted to read:
§1317.  Project labor agreements
1.  Policy.  It is declared to be the policy of the State to encourage public authorities 
to consider requiring the use of project labor agreements in connection with large-scale 
construction projects in order to promote economy and efficiency in state procurement.
2.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Labor organization" means an organization of any kind, or an agency or 
employee representation committee or plan, in which employees participate and that 
exists for the purpose, in whole or in part, of dealing with employers concerning 
grievances, labor disputes, wages, rates of pay, hours of employment or conditions of 
work.
B.  "Large-scale construction project" means a construction project of which the total 
cost to the State is $10,000,000 or more.
C.  "Project labor agreement" means a prehire collective bargaining agreement with 
one or more labor organizations that establishes the terms and conditions of 
employment for a specific construction project and is an agreement described in 29 
United States Code, Section 158(f).
3.  Project labor agreement may be required.  A public authority may require a 
project labor agreement as follows.
A.  When awarding a contract in connection with a large-scale construction project, 
or obligating funds pursuant to such a contract, a public authority may, on a project-
by-project basis, require the use of a project labor agreement by a contractor if use of 
such an agreement will:
(1)  Advance the State's interest in achieving economy and efficiency in State 
procurement by producing labor-management stability and ensuring compliance 
with laws governing safety and health, equal employment opportunity, labor and 
employment standards and other matters; and
(2)  Be consistent with law.
B.  If a public authority determines under paragraph A that the use of a project labor 
agreement will satisfy the criteria in subparagraphs (1) and (2), the public authority 
may, if appropriate, require that every contractor or subcontractor on the project 
agree, for that project, to negotiate or become a party to a project labor agreement 
with one or more appropriate labor organizations.
4.  Terms.  A project labor agreement reached pursuant to this section must:
A.  Bind all contractors and subcontractors on the construction project through the 
inclusion of appropriate specifications in all relevant solicitation provisions and 
contract documents;
B.  Allow all contractors and subcontractors to compete for contracts and 
subcontracts without regard to whether they are otherwise parties to collective 
bargaining agreements;
C.  Contain guarantees against strikes, lockouts and similar job disruptions;
D.  Set forth effective, prompt and mutually binding procedures for resolving labor 
disputes arising during the term of the project labor agreement;
E.  Provide other mechanisms for labor-management cooperation on matters of 
mutual interest and concern, including productivity, quality of work, safety and 
health; and
F.  Fully conform to all relevant state and federal statutes, rules and regulations.
5.  Limitations.  Nothing in this section may be construed to:
A.  Require a public authority to use a project labor agreement on any construction 
project;
B.  Preclude the use of a project labor agreement in circumstances not covered by this 
section;
C.  Require contractors or subcontractors to enter into a project labor agreement with 
any particular labor organization; or
D.  Impair or otherwise affect authority granted by law to a public authority.
6.  Application; rights or benefits.  This section must be implemented consistent 
with applicable law and subject to the availability of state funding.  This section does not 
create any right or benefit, substantive or procedural, enforceable at law or in equity by 
any party against the State, its departments, agencies or entities, its officers, employees or 
agents or any other person.
Sec. 2.  Report.  The Department of Labor, in consultation with the Commissioner 
of Administrative and Financial Services, the Department of Transportation and the 
Maine Turnpike Authority, shall submit to the joint standing committee of the Legislature 
having jurisdiction over labor matters a report no later than January 1, 2021 with 
recommendations about whether broader use of project labor agreements, as defined in 
the Maine Revised Statutes, Title 26, section 1317, with respect to both construction 
projects undertaken under state contracts and construction projects receiving state 
financial assistance, would help to promote the economical, efficient and timely 
completion of such projects.
Sec. 3.  Application.  This Act applies to all solicitations for contracts issued on or 
after the effective date of this Act.
SUMMARY
This bill encourages the State to use project labor agreements for large-scale state-
funded construction projects of $10,000,000 or more.  A project labor agreement is a 
prehire collective bargaining agreement with one or more labor unions that establishes the 
terms and conditions of employment for a specific construction project.