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Committee advances amended prevailing-wage and workforce-utilization bill after negotiations with unions and contractors

2169312 · January 27, 2025
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Summary

The Transportation and Commerce Committee unanimously advanced Board Bill 155 (committee substitute as amended), a package of prevailing-wage and workforce-utilization measures that assigns SLDC enforcement duties, sets compliance and reporting requirements, and—after negotiation—applies certain requirements to public projects at or above a $400,000 threshold.

The Transportation and Commerce Committee voted unanimously to advance Board Bill 155 (committee substitute as amended), a bill that clarifies prevailing-wage enforcement and workforce-utilization compliance on public projects and sets new administrative processes for tracking and enforcement.

Sponsor and staff framed the committee substitute as a narrower bill focused on prevailing wage and workforce participation goals and on creating clear administrative roles and procedures. The committee heard more than two hours of public testimony from union representatives, small contractors and workforce organizations before negotiators reached a compromise that led to two formal amendments and the committee's unanimous vote to advance the measure.

What the measure does as amended - Establishes definitions and clarifies that the ordinance applies to a broad set of public projects, including public works contracts, city-funded projects, bonded projects and tax-incentive projects when the financing or redevelopment approvals are requested. - Assigns monitoring, tracking and enforcement responsibilities to the St. Louis Development Corporation (SLDC), including authority to develop rules, contract for assistance, and use existing software systems to review certified payrolls and reports. - Requires prime contractors to sign statements at permitting that they and their subcontractors will comply with the ordinance and to use SLDC payroll/compliance systems; requires 30-day prompt payment from prime to subcontractor. - Retains prevailing-wage compliance tied to state law and the applicable annual wage order; clarifies that registered apprentices may be paid less than journeyperson rates as allowed by state law and that apprenticeship-to-journeyperson ratios will follow Missouri prevailing-wage rules (1:1 unless state law changes). - Creates an enforcement pathway: SLDC investigations, 20-day cure periods, notices of alleged violations, wage restitution held in escrow for affected workers, possible liquidated damages (including $500/day per impacted worker), 10% payment/incentive withholding options and potential debarment for serious noncompliance. - Adds anti-retaliation protections (a $500 penalty per affected employee) and retains nondiscrimination policy language; final payment and certain incentive disbursements may be conditioned on contractor compliance.

Key negotiated changes adopted in committee - Threshold: Amendment 1 changed the dollar threshold for some program triggers from $75,000 (as filed) to $400,000; it also directs SLDC to set the apprenticeship minimum percentage consistent with the most recently adopted city disparity study. Committee members and stakeholders described this as a negotiated compromise after extended talks among organized labor, MOCAN, general contractors and city staff. - Health insurance: Amendment 2 clarifies that workers on covered public projects must have health insurance meeting ACA minimum-value standards unless they voluntarily opt out; coverage may be provided by the employer, through prevailing wage structures, or by another lawful source (for example, a spouse), provided it meets the stated standards.

Public testimony and stakeholder positions Supporters: Representatives of unions and organized labor (including members of IBEW Local 1, plumbing and painters' unions and the St. Louis Labor Council) said the bill would protect worker safety, ensure prevailing wages on publicly funded projects and expand apprenticeship opportunities. Sylvester Taylor (IBEW) said, "I absolutely love this bill. I love the teeth in it." John Hendricks (IBEW Local 1) said training and apprenticeship protections prevent avoidable deaths on job sites.

Opponents/concerned stakeholders: Several small and minority-owned contractors, and representatives of MOCAN (Minority Contractors Assistance Network), said the draft bill as filed would have restricted small firms from competing for city projects. Concerns focused on the originally proposed $75,000 threshold and on compliance costs (insurance, payroll systems, apprenticeship access). Multiple speakers urged raising the dollar threshold and ensuring small, minority- and female-owned firms can compete without being forced into union affiliation.

Compromise and final positions: After negotiation and the two adopted amendments, MOCAN's executive director Yafed El Amin testified the organization supported the amended bill, saying the changes would "allow for those companies who choose to be merit shop independent" to participate while expanding apprenticeship access. Committee members and the sponsor called the outcome a negotiated compromise among labor, contractors, MOCAN, and city staff.

Committee action and votes - The committee first voted to put the committee substitute before the body (adopted by roll call; recorded as 5 ayes). - Amendment 1 (threshold to $400,000 and SLDC to set apprenticeship percentage per disparity study) was adopted (roll call: 5 ayes). - Amendment 2 (health-insurance clarifying language) was adopted by no-objection/previous roll. - The committee then voted to pass Board Bill 155 (committee substitute as amended) out of committee with a do-pass recommendation; the transcript records six aye votes and the sponsor called the committee's vote unanimous.

Next steps and implementation notes The bill will go to the full Board of Aldermen for second reading and a subsequent final vote. Committee members requested SLDC and Port/administration staff provide follow-up implementation guidance, including how the SLDC will set the apprenticeship percentage consistent with the disparity study and operational details for monthly payroll reporting and redaction of sensitive information under public-records law.

The measure represents a negotiated compromise intended to strengthen wage and workforce protections on public projects while preserving opportunities for small and minority-owned vendors, according to stakeholders and the sponsor.