(a) A public entity may use, enter into, or require contractors to enter into, a project labor agreement for a construction project only if the agreement includes all of the following taxpayer protection provisions:
(1) The agreement prohibits discrimination based on race, national origin, religion, sex, sexual orientation, political affiliation, or membership in a labor organization in hiring and dispatching workers for the project.
(2) The agreement permits all qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements.
(3) The agreement contains an agreed-upon protocol concerning drug testing for workers who will be employed on the project.
(4) The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptions of the project.
(5) The agreement provides that disputes arising from the agreement shall be resolved by a neutral arbitrator.
(b) For purposes of this chapter, both of the following definitions apply:
(1) “Project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(2) “Public entity” means a public entity as defined in Section 1100.
(Added by Stats. 2011, Ch. 431, Sec. 2. (SB 922) Effective January 1, 2012.)
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