- Party: Initiative
In 2012, City of San Diego (City) voters passed Proposition A, the “Fair and Open Competition in Construction Ordinance,” which enacted Chapter 2, Article 2, Division 44 of the San Diego Municipal Code (Municipal Code). Proposition A prohibited the City from requiring a contractor to enter into a project labor agreement (PLA) as a condition of bidding, negotiating, or being awarded a City construction project, unless required by state or federal law as a contracting or procurement obligation, or as a condition for receiving state funding or financial assistance. A PLA is a prehire, collective bargaining, or similar type of project specific labor agreement between a contractor and a labor organization establishing terms and conditions of employment for a specific construction project or projects. Proposition A can only be amended by a vote of the people of the City
State law prohibits a charter city, like the City, from receiving state funding or financial assistance for any construction project if the charter city adopted a law that prohibits or limits use of a PLA drafted to include provisions that prohibit discrimination; permit qualified contractors to bid and win contracts whether or not the contractor is party to a collective bargaining agreement; and require protocols concerning drug testing, guarantees against work stoppages and other disruptions, and dispute resolution by a neutral arbitrator. This measure will amend the Municipal Code to allow the City to use PLAs for construction projects and makes the City eligible for state funding and financial assistance. The measure requires the City to post construction contracts valued at over $10,000 and demographic information for PLAs on its website, and establishes a citizens’ advisory board to review construction contracts. The measure also allows City Council to amend the Municipal Code language if state law changes in the future.