This executive
order has been rescinded by Order No. 11 (Whitman).
WHEREAS, the
United States Supreme Court recently held in the Boston Harbor case
that state and local governments are permitted under the National
Labor Relations Act to enforce project agreements when the government
contracting unit acts as a market participant; and
WHEREAS, the
Supreme Court commented in that case that the use of project agreements
"'exemplifies'" the purposes of the National Labor Relations Act;
and
WHEREAS, New
Jersey has a compelling interest in carrying out public works projects
at the lowest reasonable cost and the highest degree of quality;
and
WHEREAS, New
Jersey must ensure that labor disputes are resolved without the
disruptions of strikes, lockouts, or slowdowns; and
WHEREAS, project
agreements provide legally enforceable guarantees that projects
will be carried out in an orderly and timely manner, without strikes,
lockouts, or slowdowns; and
WHEREAS, project
agreements also provide for peaceful, orderly, and mutually binding
procedures for resolving labor issues; and
WHEREAS, the
State also has a compelling interest in guaranteeing that public
works projects meet the highest standards of safety and quality;
and
WHEREAS, a
highly skilled workforce ensures lower costs over the lifetime of
the completed project for repairs and maintenance; and
WHEREAS, project
agreements provide the State with a guarantee that public works
projects will be completed with highly skilled workers; and
WHEREAS, project
agreements allow public agencies to more accurately predict the
actual cost of the project; and
WHEREAS, project
agreements facilitate integrated work schedules among different
trades on a project site; and
WHEREAS, project
agreements also promote harmonious and productive work environments;
and
WHEREAS, New
Jersey can best accomplish these goals by encouraging agreements
between contractors and subcontractors who perform work on State
public works projects and the appropriate building and construction
trade unions concerning important issues of employment, such as
work hours, starting times, overtime rates, and procedures for resolving
disputes; and
WHEREAS, project
agreements, therefore, advance the interests of efficiency, quality,
and timeliness;
NOW, THEREFORE,
I, JIM FLORIO, Governor of the State of New Jersey, by virtue of
the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1. It is
hereby the policy of the State of New Jersey that public works
projects implemented by any State department, authority, or instrumentality
be subject to a project agreement whenever feasible and whenever
such agreement substantially advances the interests of costs,
efficiency, quality, safety, timeliness and the State's policy
regarding minority- and women-owned businesses as set forth in
Executive Order No. 84.
2. Every
State department, authority, or instrumentality authorized to
implement a public works project shall ensure that public works
projects, whenever possible, be implemented subject to a project
agreement with the applicable building and construction trade
union in whose jurisdiction the work is to be performed.
3. In accordance
with this Order, a State department, authority, or instrumentality
responsible for implementing a public works project shall either
(a) in good faith negotiate a project agreement directly with
the applicable building and construction trade union or council
in whose jurisdiction the project is to be performed, or (b) condition
the award of a contract with a project manager or general contractor
upon an agreement by the project manager or general contractor
to in good faith negotiate a project agreement with the applicable
building and construction trade union or council in whose jurisdiction
the project is to be performed.
4. Any project
agreement reached pursuant to this Order:
(a) shall
advance the interests of the State of New Jersey including the
interests in cost, efficiency, quality, timeliness, and safety;
(b) shall
contain guarantees against strikes, lock-outs, or other similar
actions;
(c) shall
set forth effective, immediate, and mutually binding procedures
for resolving jurisdictional and labor disputes arising before
the completion of the work; and
(d) shall
be made binding on all contractors and subcontractors on the
public works project through the inclusion of appropriate bid
specifications in all relevant bid documents.
5. In addition,
any project agreement made pursuant to this Order shall fully
conform to any and all statutes, regulations, and executive orders,
including Executive Order No. 84, regarding the implementation
of set-aside goals for women- and minority-owned businesses. Moreover,
the obligation to comply with Executive Order No. 84 shall be
expressly provided in the project agreement.
6. This
Order shall take effect immediately and be implemented as soon
as practicable in consideration and application of the criteria
and policies declared herein.
GIVEN,
under my hand and seal this
13th day of September in the Year of Our
Lord, one thousand nine hundred and
ninety-three, and of the Independence
of the United States, the two hundred
and eighteenth.
/s/
Jim Florio
Governor
Attest:
/s/ Scott
A. Weiner
Chief Counsel to the Governor
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