It Didn’t Take the First Time: Governor Brown Signs Union Bill #2 to Discourage Voters and City Councils from Banning Project Labor Agreements

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Governor Jerry Brown apparently didn’t have any qualms about enacting a second bill to pressure California’s charter cities into abandoning their Fair and Open Competition policies that prohibit those cities from entering into contracts that require construction companies to sign Project Labor Agreements (PLAs) with unions. On April 26, Governor Brown signed Senate Bill 829 into law – only a few days after the bill passed the California State Legislature and only two months after Senator Michael Rubio (D-Bakersfield) completely changed the bill to financially punish charter cities that enact Fair and Open Competition policies.

It’s amazing how quickly the state government moves when the unions want something! Nothing was going to stop this bill, just like nothing stopped Senate Bill 922 last year to nullify Project Labor Agreement bans enacted by voters and elected representatives in counties and general law cities.

The bill adds Section 2503 to the Public Contract Code:

If a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board’s authority or discretion to adopt, require, or utilize a project labor agreement that includes all the taxpayer protection provisions of Section 2500 for some or all of the construction projects to be awarded by the city, then state funding or financial assistance shall not be used to support any construction projects awarded by the city. This section shall not be applicable until January 1, 2015, for charter cities in which a charter provision, initiative, or ordinance in effect prior to November 1, 2011, would disqualify a construction project from receiving state funding or financial assistance.

I will speculate (along with many other people) that Senate Bill 829 was created, whipped through the legislative process, and signed into law so that unions could use it as a campaign message in trying to convince voters in the City of San Diego to vote on June 5 against Proposition A, a ballot measure to prohibit the City of San Diego from entering into contracts that require construction companies to sign Project Labor Agreements with unions.

News Media Coverage:

Labor-Friendly Contract Option Backed by Brown – San Diego Union-Tribune – April 27, 2012 (this was a front page story)

DeMaio Criticizes Fletcher’s Absence on Labor Vote – San Diego Union-Tribune – April 28, 2012

San Diego’s Proposition A Clouded By Signing Of State Bill – KPBS – April 26, 2012

Assemblyman David Valadao: We Need to Protect Local Control of Local Projects – Bakersfield Californian (op-ed) – April 28, 2012

And the unabashedly “progressive” Ocean Beach Rag blog (in San Diego) has produced its first commentary critical of Proposition A: First Cuppa Coffee – Monday, April 16, 2012: Don’t Cry for Him San Diego Edition.

See my earlier posts on Senate Bill 829:

Unions Use Power Over California Legislature to Suppress Local Government Contracting Authority and Push for Project Labor Agreements

Six Legislators Defend the Right of California Cities to Enact Policies Guaranteeing Fair and Open Competition for Construction Contracts

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