Code of the District of Columbia

§ 2–356.06. Use of project labor agreements for construction projects.

(a) The Mayor shall require, as part of a solicitation for a construction contract pursuant to this subchapter, that every contractor and subcontractor that will engage in the construction project agree to negotiate or become a party to a project labor agreement, for that project, with one or more labor organizations if:

(1) Use of a project labor agreement will advance the District's interest in producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters;

(2) The project will require multiple construction contractors or subcontractors employing workers in multiple crafts or trades; and

(3) The total construction costs, not including planning or ongoing operations and maintenance, of the contract to the District is anticipated to be $75 million or more.

(b) A project labor agreement agreed to pursuant to subsection (a) of this section shall:

(1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Contain guarantees against strikes, lockouts, and similar job disruptions;

(3) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(4) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(5) Include any additional requirements that the CPO considers necessary to promote the District's interest.

(c) The Mayor may waive the requirements of this section by issuing a determination and findings, posted on the Internet for at least 10 calendar days before advertising the solicitation, that:

(1) A project does not meet the criteria set forth in subsection (a) of this section; or

(2) A project labor agreement would be contrary to the interests of the District.

(d) This section shall not apply to a capital project that includes multiple public betterments or improvements pursuant to § 47-339.01(a)(2)(A); provided, that it shall apply to any public betterment or improvement that independently meets the requirements of subsection (a) of this section.


(Apr. 8, 2011, D.C. Law 18-371, § 606; as added Oct. 8, 2016, D.C. Law 21-158, § 3(m), 63 DCR 10752; Oct. 30, 2018, D.C. Law 22-168, § 1023, 65 DCR 9388.)

Applicability

Section 1024 of D.C. Law 22-168 repealed the applicability restriction impacting this section. Therefore the creation of this section by § 3(m) of D.C. Law 21-158 has been implemented.

Section 7017 of Law 22-33 amended section 5 of D.C. Law 21-158, retaining the applicability restriction affecting this section, therefore the creation of this section by D.C. Law 21-158 has not been implemented.

Applicability of D.C. Law 21-158: § 5 of D.C. Law 21-158 provided that the addition of section 606 of this section by § 3(m) of D.C. Law 21-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of § 5 of D.C. Law 21-158, see § 7017 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 5 of D.C. Law 21-158, see § 7017 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).