ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2190: prohibited agreements; public works contracts.

Sponsor: Representative Cook, LD 7

Committee on Government

Overview

Modifies statute relating to public works contracts.

History

Agencies and political subdivisions of this state are prohibited from requiring in a public works contract that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following as a condition or factor in performing work on a public works contract:

1) negotiate or otherwise become party to a project labor agreement or other agreement with employees or any labor organization;

2) enter into a neutrality agreement with a labor organization; or

3) participate in or contribute to an apprenticeship program registered with the United States Department of Labor (A.R.S. § 34-321).

A neutrality agreement includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law (A.R.S. § 34-321).

Provisions

1. Prohibits agencies and political subdivisions from requiring a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works enter into a neutrality agreement with any service provider as a condition of performing work on a public works contract. (Sec. 1)

2. Removes the prohibition on agencies and political subdivisions from requiring, in a public works contract, that a contractor do any of the following as a condition of the public works contract:

a) negotiate or become party to a project labor agreement;

b) enter into a neutrality agreement with a labor organization; or

c) participate in an apprenticeship program registered with the United States Department of Labor. (Sec. 1)

3. Deletes the definition of project labor agreement. (Sec. 1)

4. Makes technical and conforming changes. (Sec. 1, 2)

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