2019 Kentucky Revised Statutes Chapter 45A - Kentucky model procurement code 45A.488 Restrictions on requirements relating to labor organizations in bid specifications and other contract documents -- Grants, tax abatements, and tax credits -- Exemption for threat to public health or safety.
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45A.488
Restrictions on requirements relating to labor organizations in bid
specifications and other contract documents -- Grants, tax abatements, and tax
credits -- Exemption for threat to public health or safety.
(1)
(2)
(3)
(4)
A public agency awarding a contract for a public works project shall not in the bid
specifications, project agreements, or other contract documents:
(a) Require or give preference to a bidder, offeror, or contractor in any contractor
tier to enter into or adhere to an agreement with a labor organization relating
to the public works contract or any other public works project; or
(b) Prohibit a bidder, offeror, or contractor in any contractor tier from entering
into or adhering to an agreement with a labor organization relating to the
public works project or any other public works project.
A public agency shall not award a grant, tax abatement, or tax credit that is
conditioned upon a requirement that a person awarded the grant, tax abatement, or
tax credit include a term described in subsection (1) of this section in a contract
document for any public works project that is the subject of the grant, tax
abatement, or tax credit.
This section does not do any of the following:
(a) Prohibit a public agency from awarding a contract, grant, tax abatement, or tax
credit to a private owner, bidder, or contractor in any contractor tier 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, grant, tax abatement, or tax credit;
(b) Prohibit a contractor in any contractor tier from voluntarily entering into or
complying with an agreement entered into with a labor union in regard to a
contract with a public agency or funded in whole or in part from a grant, tax
abatement, or tax credit from a public agency;
(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.
secs. 151 et seq.; or
(d) Interfere with labor relations of parties that are not regulated under the
National Labor Relations Act, 29 U.S.C. secs. 151 et seq.
A public agency may exempt a particular project, contract in any contractor tier,
grant, tax abatement, or tax credit from the requirements of any or all of the
provisions of this section if the public agency finds, after public notice and hearing,
that special circumstances require an exemption to avert an imminent threat to
public health or safety. A finding of special circumstances under this subsection
may not be based on the possibility or presence of a labor dispute concerning:
(a) The use of contractors at any contractor tier who are not signatories to, or
otherwise do not adhere to, agreements with one (1) or more labor
organizations; or
(b) Employees on the project who are not members of, or affiliated with, a labor
organization.
Effective: June 27, 2019
History: Created 2019 Ky. Acts ch. 38, sec. 2, effective June 27, 2019.
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