This measure would amend the San Diego Municipal Code (Municipal Code) to allow the City of San Diego (City) to use project labor agreements (PLA) on construction projects. The Municipal Code defines a PLA as any prehire, collective bargaining, or similar type of project specific labor agreement entered into with one or more labor organizations, employees, or employee representatives that establishes terms and conditions of employment for a specific construction project or projects. This measure would affect City projects involving construction, rehabilitation, alteration, conversion, extension, maintenance, repair, replacement, or improvement of any City structures or land.
State law does not allow state funding or financial assistance for local construction projects in charter cities, like the City, if a local law prohibits that city from using or considering the use of a PLA. By repealing PLA restrictions which some have equated to a PLA ban, the City will be eligible for state funding for construction projects. Under state law, PLAs must include provisions that prohibit discrimination; permit qualified contractors to bid and be awarded contracts regardless of whether it is party to a collective bargaining agreement; address drug testing; guarantee against work stoppages, strikes, lockouts, and disruptions; and provide for dispute resolution by a neutral arbitrator. In 2012, City voters approved Proposition A, a citizens’ initiative titled “Prohibits the City from Requiring Project Labor Agreements on City Construction Projects.” Proposition A amended the Municipal Code to prohibit the City from requiring a PLA on City construction projects except when a PLA was required by state or federal law or as a condition of the City receiving state or federal funds. This measure would clarify any ambiguity, uncertainty, or potential conflict between the Municipal Code and California law by making clear that the City may use PLAs on City construction projects in accordance with California law, and that the City is eligible for state funding.
As adopted by Proposition A, the Municipal Code currently requires the City to post all City construction contracts valued at more than $25,000 on the City’s website. This measure would increase reporting requirements by requiring the City to post on its website all City construction contracts valued at more than $10,000 as well as demographic information for workers on a construction project that utilizes a PLA. The measure also directs City Council to create a citizens’ advisory board to review construction projects for compliance with the Municipal Code amendments proposed by this measure.
The measure can only be repealed by a majority of City voters. The measure allows the City Council to amend the Municipal Code to comply with changes in the California Constitution or state law concerning use of PLAs. All other amendments must be approved by a majority of City voters.
Source: City Attorney's Impartial Analysis of Measure D
