34.216. Union-only project labor agreements permitted, when--compliance, procedure. - Missouri Statutes

Union-only project labor agreements permitted, when--compliance,procedure.

34.216. 1. For purposes of this section, the term "project laboragreement" shall be defined as a multiemployer, multiunion pre-hireagreement designed to systemize labor relations at a construction site thatis required by the state or a political subdivision of the state as acondition of a bid specification for a construction project, therebyinsuring that all contractors and subcontractors on a project comply withthe terms of a union-only agreement.

2. The state or a political subdivision of the state may enter into aunion-only project labor agreement for the procurement of constructionservices, except as provided in section 34.209, on a project-by-projectbasis only if the project is funded fifty percent or less with state fundsand only on the condition that:

(1) The state or political subdivision must analyze the impact of aunion-only project labor agreement and consider:

(a) Whether the union-only project labor agreement advances theinterests of the public entity and its citizens;

(b) Whether the union-only project labor agreement is appropriateconsidering the complexity, size, cost impact, and need for efficiency onthe project;

(c) Whether the union-only project labor agreement impacts theavailability of a qualified work force; and

(d) Whether the scope of the union-only project labor agreement has abusiness justification for the project as bid;

(2) The state or political subdivision shall publish the findings ofsubdivision (1) of this subsection in a document titled "Intent to EnterInto a Union Project Labor Agreement". The document shall establish arational basis upon which the state or political subdivision bases itsintent to require a union-only project labor agreement for the project;

(3) No fewer than fourteen days but not more than thirty daysfollowing publication of the notice of a public hearing, the state orpolitical subdivision shall conduct a public hearing on whether to proceedwith its intent to require a union-only project labor agreement;

(4) Within thirty days of the public hearing set forth in subdivision(3) of this subsection, the state or political subdivision shall publishits determination on whether or not to require a union-only project laboragreement.

3. (1) Any interested party may, within thirty days of thedetermination of the state or political subdivision as set forth insubdivision (4) of subsection 2 of this section, appeal to the labor andindustrial relations commission for a determination as to whether the stateor political subdivision complied with subsection 2 of this section for aunion-only project labor agreement as defined in subsection 1 of thissection.

(2) The labor and industrial relations commission shall consider theappeal in subdivision (1) of this section under a rational basis standardof review.

(3) The labor and industrial relations commission shall hold ahearing on the appeal within sixty days of the filing of the appeal. Thecommission shall issue its decision within ninety days of the filing dateof the appeal.

(4) Any aggrieved party from the labor and industrial relationscommission decision set forth in subdivision (3) of this subsection mayfile an appeal with the circuit court of Cole County within thirty days ofthe commission's decision.

(L. 2007 S.B. 339)