39
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
  REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO URGE THE
    AMENDMENT OF FEDERAL ACQUISITION REGULATIONS TO
    INCORPORATE LANGUAGE IN A PRESIDENTIAL MEMORANDUM
    ENCOURAGING THE USE OF PROJECT LABOR AGREEMENTS IN FEDERAL
    CONSTRUCTION CONTRACTS.
 


 1        WHEREAS, Hawaii's construction industry has severely
 2   declined in recent years; and
 3   
 4        WHEREAS, every possible resource to help revive the
 5   State's construction industry must be examined to assist in
 6   Hawaii's economic recovery; and
 7   
 8        WHEREAS, like collective bargaining agreements, project
 9   labor agreements generally address wages, hours, and working
10   conditions, and are especially valuable for large-scale
11   projects in that they provide that the project will be built
12   without strikes, lockouts, or similar disruptions, and
13   incorporate detailed procedures to resolve grievances and
14   jurisdictional disputes; and
15   
16        WHEREAS, project labor agreements are therefore designed
17   to ensure continuity of work throughout the various trade
18   groups needed for major construction projects.  Frequently,
19   different trades have different work practices, including
20   specific holidays, wages paid for overtime, and the like.  A
21   project labor agreement seeks to match all work practices for
22   project harmony and stability, and promotes a stable work
23   environment and stable employment for all of the contractors,
24   subcontractors, and employees involved for the duration of the
25   project; and
26   
27        WHEREAS, both the federal government and state and county
28   governments have used project labor agreements on numerous
29   large projects, including the construction of dams, bridges,
30   highways, and airports.  Perhaps the most famous ongoing state
31   project using a project labor agreement is Massachusetts'
32   cleanup of Boston Harbor, a ten-year multibillion dollar

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1   project that is ahead of schedule and forty-four per cent under
 2   budget; and
 3   
 4        WHEREAS, President Clinton's June 5, 1997, "Memorandum for
 5   the Heads of Executive Departments and Agencies on the Use of
 6   Project Labor Agreements for Federal Construction Contracts"
 7   encourages federal departments and agencies to consider using
 8   those agreements on large and significant federal construction
 9   contracts; and
10   
11        WHEREAS, President Clinton's 1997 memorandum reinstated
12   the previous policy of permitting federal agencies to use
13   project labor agreements on a case-by-case basis when
14   conditions for their use are deemed appropriate, reversing an
15   order by President Bush that barred the use of project labor
16   agreements on federal construction contracts.  Project labor
17   agreements may now be used as an additional labor-management
18   tool for federal contracting agencies when those agreements
19   serve the federal procurement goal of economical, efficient,
20   and timely high quality performance; and
21   
22        WHEREAS, the use of project labor agreements can also be
23   encouraged in federal projects in Hawaii by providing for the
24   incorporation of the President's memorandum in federal
25   acquisition regulations, which would remove the burden on
26   federal inspectors to ensure that workers are certified to
27   perform the work required for the project; and
28   
29        WHEREAS, incorporating the language of the President's
30   memorandum encouraging the use of project labor agreements into
31   federal acquisition regulations will help to guarantee
32   efficient, timely, and quality work; establish fair and
33   consistent labor standards and work rules; supply a skilled,
34   experienced and highly competent workforce; ensure stable
35   labor-management relations; and stabilize and revive Hawaii's
36   construction industry; now, therefore,
37   
38        BE IT RESOLVED by the Senate of the Twentieth Legislature
39   of the State of Hawaii, Regular Session of 1999, the House of
40   Representatives concurring, that Hawaii's Congressional
41   Delegation is requested to urge appropriate federal agencies to
42   amend federal acquisition regulations to incorporate language

 
 
 
 
 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        


 1   in President Clinton's June 5, 1997, Memorandum encouraging the
 2   use of project labor agreements in federal construction
 3   contracts; and
 4   
 5        BE IT FURTHER RESOLVED that certified copies of this
 6   Concurrent Resolution be transmitted to the President of the
 7   United States, the Majority Leader of the United States Senate,
 8   the Speaker of the United States House of Representatives,
 9   Hawaii's Congressional Delegation, the Director of
10   Transportation, and the Comptroller.
11