School Board Accountability Project

xxx In order for the taxpayers of California school districts to be assured of getting the best work at the best price, SBAP supported bond measures will contain a clause that specifically mandates fair and open competition by prohibiting a district from placing in the bond any form of exclusionary pre-hire agreement commonly referred to as a “Project Labor Agreement (PLA)”, “Community Benefit Agreement (CBA)”, or “Project Stabilization Agreement (PSA)”.  The purpose of this clause is to prohibit districts from forcing contractors and workers to belong or contribute to any group or collective bargaining agreement.

With PLAs being placed on school bond work across California, it is imperative that local voters have confidence that their hard-earned tax dollars will not be wasted. 

This clause will be referred to as the “Fair and Open Competition Clause.”

Suggested language: 

The District, when engaged in procuring products or services or letting contracts expending 2012 bond measure money shall ensure that bid-specifications, project agreements, and other controlling documents, entered into, required or subject to approval by the District shall not:

• require bidders, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects;
  
• require bidders to become signatory to or otherwise adhere to agreements with one or more labor organizations on the same or related projects;
  
• require bidders, contractors, or subcontractors to enter into, adhere to or enforce any agreement that requires its employees as a condition of employment to:
  
• become members or become affiliated with a labor organization; or
  
• pay dues or fees to a labor organization; or
  
• pay into a union health, welfare, and/or pension plan
  
• require apprentices to come from Joint Labor-Management Apprentice Programs