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Councilmember Vincent B. Orange,
Sr.
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend, on an emergency basis, the Procurement Practices Act of 1985 to prohibit the District from requiring project labor agreements in contracts to procure goods or services or services or to solicit proposals or bids for construction on public work projects, projects receiving assistance from the District government, or projects subject to the Projects Labor Peace Agreement Act; to require that agreements for the construction of the baseball stadium require apprenticeship and journey worker positions by District residents, apprenticeship fairs, a report on the selection of District apprentices, and apprenticeships for District residents who have completed a registered apprenticeship program; to authorize any aggrieved person to appeal to the Contract Appeals Board for a violation of these provisions; and to require the Department of Employment Services to provide a report to the Council regarding the number of District residents who are eligible to work on the stadium project and who are either journey workers or apprentices enrolled in registered programs registered with the Apprenticeship Council. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this act may be cited as the "Jobs for D.C. First Emergency Amendment Act of 2005" Sec. 2. The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D. C. Official Code §2-301.01 et seq.) is amended by adding a new section to read as follows: (a) Notwithstanding any other law, regulation, or rule, no bid specification, project agreement, or other controlling document relating to a contract for the procurement of goods or services or the solicitation for, proposals or bids by the District government or any of its agencies or instrumentalities for the construction of a public work project, a project receiving assistance from the District government, or a project subject to the provisions of the Projects Labor Peace Agreement Act of 2002, effective April 2, 2003 (D.C. Law 14-266; D.C. Official Code §32-851 et seq.) Shall: (1) Require or prohibit any bidder, offeror, contractor, or subcontractor to enter into or adhere to any agreement with any labor organization on the same or a related project; (2) Discriminate against any bidder, offeror, contractor, or subcontractors for entering into, refusing to become, or remain signatories, or adhering to an agreement with any labor organization on the same or a related project; or (3) Require or prohibit any bidder, offeror, contractor, or subcontractor to enter into, adhere to, or enforce any agreement that requires its employees as a condition of employment to become members of or pay dues or fees to, a labor organization. (b) Any agreement for the construction of a project under subsection (a) of this section related to the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; 52 DCR 1575) ("Facility") shall require the following: (1) Apprentices shall perform work in all skilled-craft occupations in accordance with the regulations of the District of Columbia Apprenticeship Council ("Apprenticeship Council"), including ration of one apprentice to every 3 journey workers employed throughout the duration of the contract; (2) Fifty percent of all apprentices employed by the contractor or subcontractor shall be District residents in all skilled-craft occupations performing work throughout the duration of the project; (3) All contractors, subcontractors, or labor organizations shall, in coordination with the Department of Employment Services ("Department"), plan and conduct 3 apprenticeship-career fairs during each year of construction of the project to recruit eligible District residents for apprenticeship opportunities. The 1st of these fairs shall begin prior to commencement of that construction; (4) All contractors, subcontractors, or labor organizations shall provide a report to the Apprenticeship Council stating the number o residents who applied for apprenticeship, the number of residents selected, and reason why certain residents were not selected; (5) All contractors, subcontractors, or labor organizations shall guarantee the acceptance of any District resident enrolled in any preparatory apprenticeship training initiative who successfully completes the training and qualifies for a registered-apprenticeship program approved by the Apprenticeship Council; (6) No contractors, subcontractors, or labor organizations shall count District residents who are enrolled and participate in a preparatory training initiative for a project under this subsection toward the hiring levels under paragraphs (1) or (2) of this subsection. Only District residents who are registered apprentices in programs approved by the Apprenticeship Council shall be counted; provided that residents enrolled an participating in a preparatory apprenticeship initiative may be counted toward the hiring requirements under the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code §2-219.01 et seq.). (7) One Hundred percent of all new apprentices employed in construction of the project must be District residents; and, (8) Fifty percent of all journey workers employed in construction of the project shall be District residents. (c) The provisions of subsection (b) of this section shall not be waived except upon a decision in writing by the Director of the Department after a showing of good cause. The provisions or requirements contained in any collective bargaining agreement shall not constitute good cause. (d) An aggrieved person or entity, including a bidder, offeror, contractor, or subcontractor may file a complaint or appeal to the District of Columbia Contract Appeals Board for a violation of any provision of the Jobs for D.C. First Emergency Act of 2005 and shall, upon a final decision in its favor, be awarded costs and reasonable attorney fees. Sec. 3. The Department shall provide a report to the Council stating the actual number of District residents who are eligible to be employed on a project under section 2 of the Jobs for D.C. First Emergency Act of 2005"and who are journey workers or apprentices enrolled in an apprenticeship program registered with the Apprenticeship Council for each skilled craft construction trade. The report shall be submitted to the Council within thirty days of the effective date of this legislation, and shall be updated every ninety days until construction of the project is complete. Sec. 4. Nothing in the Jobs for D.C. First Emergency Amendment Act of 2005 shall be construed as contrary to or in violation of An Act to diminish the cause of labor disputes burdening or obstructing interstate and foreign commerce, to create a Labor Relations Board, and for other purposes ("National Labor Relations Act"), effective July 5, 1935 (49 Stat. 449; 29 U.S. C. §151). Sec. 5. Fiscal impact statement. The Council adopts the attached fiscal impact statement as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.813; D.C. Official Code § 1-206.02(c)(3)). Sec. 6. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code §1-204.12(a)). |
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