Text to be removed highlighted in red.
1 New Subdivision; Labor Agreements in Public Works Contracts. Amend RSA 21-I by inserting after section 86 the following new subdivision:
Labor Agreements in Public Works Contracts
21-I:86-a Definitions.
I. "Construction related project" means the act, trade, or process of building, erecting, constructing, adding, repairing, remodeling, rehabilitating, reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure, facility, road, or highway, and includes the planning, designing, and financing of a specific construction project.
II. "Contract-related document" includes a bid specification, project agreement, or other controlling document for a construction related project.
III. "Governmental entity" means the state of New Hampshire or any agency, any branch of state government or any spending unit thereof. "Government entity" shall not mean individual municipalities.
IV. "Facility" means:
(a) A highway, road, bridge, runway, or rail.
(b) A building or structure along with its grounds, approaches, services, fixtures, and appurtenances.
(c) Any other similar physical improvement to real property.
21-I:86-b Labor Organization Agreements
I. A governmental entity that awards or renews a contract on or after the effective date of this section, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include in any contract-related document a term that:
(a) Requires, prefers, or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with any person including a labor organization in regard to the construction related project, or
(b) Otherwise discriminates against a bidder, offeror, contractor, or subcontractor for being, becoming, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with any person including a labor organization in regard to the construction related project.
II. A governmental entity shall not award or renew a grant for a construction related project that is conditioned on the recipient including a term prohibited in this section in a contract-related document concerning a facility or real property that is the subject of the grant.
III. The head of a governmental entity may exempt a contract-related document or grant from the requirements of paragraphs I or II, as applicable, if the governmental entity finds that the exemption is necessary to avert an imminent threat to public health or safety.
IV. Nothing in this section shall:
(a) Prohibit a governmental entity from awarding grants, tax credits to an applicant, or contracts to a bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract and if the governmental entity does not discriminate against a bidder, contractor, or subcontractor in the awarding of that contract based upon the status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.
(b) Prohibit a bidder, contractor, or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract with a governmental entity.
(c) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. sections 151 to 169.
(d) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. sections 151 to 169.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Subdivision; Labor Agreements in Public Works Contracts. Amend RSA 21-I by inserting after section 86 the following new subdivision:
Labor Agreements in Public Works Contracts
21-I:86-a Definitions.
I. "Construction related project" means the act, trade, or process of building, erecting, constructing, adding, repairing, remodeling, rehabilitating, reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure, facility, road, or highway, and includes the planning, designing, and financing of a specific construction project.
II. "Contract-related document" includes a bid specification, project agreement, or other controlling document for a construction related project.
III. "Governmental entity" means the state of New Hampshire or any agency, any branch of state government or any spending unit thereof. "Government entity" shall not mean individual municipalities.
IV. "Facility" means:
(a) A highway, road, bridge, runway, or rail.
(b) A building or structure along with its grounds, approaches, services, fixtures, and appurtenances.
(c) Any other similar physical improvement to real property.
21-I:86-b Labor Organization Agreements
I. A governmental entity that awards or renews a contract on or after the effective date of this section, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include in any contract-related document a term that:
(a) Requires, prefers, or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with any person including a labor organization in regard to the construction related project, or
(b) Otherwise discriminates against a bidder, offeror, contractor, or subcontractor for being, becoming, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with any person including a labor organization in regard to the construction related project.
II. A governmental entity shall not award or renew a grant for a construction related project that is conditioned on the recipient including a term prohibited in this section in a contract-related document concerning a facility or real property that is the subject of the grant.
III. The head of a governmental entity may exempt a contract-related document or grant from the requirements of paragraphs I or II, as applicable, if the governmental entity finds that the exemption is necessary to avert an imminent threat to public health or safety.
IV. Nothing in this section shall:
(a) Prohibit a governmental entity from awarding grants, tax credits to an applicant, or contracts to a bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract and if the governmental entity does not discriminate against a bidder, contractor, or subcontractor in the awarding of that contract based upon the status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.
(b) Prohibit a bidder, contractor, or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract with a governmental entity.
(c) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. sections 151 to 169.
(d) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. sections 151 to 169.
2 Effective Date. This act shall take effect 60 days after its passage.