Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Construction Contracting Collective Bargaining topic
No spam. Unsubscribe anytime.
Bid-language bill fails after committee debate over union-related contracting limits
Summary
House Bill 2168, which would have removed a current statutory prohibition against including terms in public construction bids that require, prohibit, encourage or discourage collective-bargaining agreements, failed in committee after members expressed concerns it could have the opposite effect of its stated intent.
House Bill 2168 failed in the Retirement and Government Affairs Committee after extended debate over whether removing an existing restriction would expand or restrict contracting flexibility for public agencies.
Senator Fricks explained the bill would remove a statutory provision that currently prohibits public agencies from including terms in construction contracts that either encourage or prohibit collective-bargaining agreements. "House Bill 2,168 currently just removes a provision ... that prohibits public agencies from entering into construction contracts with a company that either encourages or prohibits a collective bargaining," Fricks said.
Vice Chair Bergstrom and other senators questioned whether striking the language would allow bid specifications to mandate union-only or nonunion-only contractors. Bergstrom highlighted the lines removed by the bill that currently say public agencies shall not include contract terms that require, prohibit, encourage or discourage bidders, contractors or subcontractors from entering into agreements with collective-bargaining organizations. Several members said the plain reading of the current law already prevents discriminatory bid specifications and that removing it might undermine that protection.
Senator Boren and others asked practical questions about which trades commonly have collective-bargaining agreements; senators who supported the bill said the intent was to provide flexibility to local governments and construction managers to avoid higher costs. Opponents said the measure could produce the opposite outcome and improperly bind public agencies to union or nonunion-only bids.
At the close of debate the committee struck the bill’s title for further work and then voted. The clerk reported 3 ayes and 5 nays; the chair declared House Bill 2168 failed in committee.
The sponsor said he was willing to work with the vice chair and others on redrafting. The committee provided no final amendment or staff direction beyond encouraging further negotiation.
