§ 8A-5. Requirements for covered contracts.

A. 

Project labor agreement required. Certain public works projects and publicly funded projects shall require the execution of a project labor agreement that complies with the requirements of this chapter, unless the Director of Public Works or his designee determines that it is in the best interests of the City to waive this requirement. The agreement shall either be directly entered into with a labor organization or the award of the contract shall be made on the condition that the construction manager for the contract shall negotiate a project labor agreement in good faith with one or more labor organizations.

B. 

Project labor agreement requirements. Each project labor agreement executed pursuant to this chapter shall be in conformity with N.J.S.A. 52:38-1 et seq. (P.L. 2202, c. 44), and:

(1) 

Advance the interests of the City of East Orange, including the interests in the City of East Orange in cost, efficiency, quality, timeliness, skilled labor force, and safety;

(2) 

Contain guarantees against strikes, lockouts, or other similar actions;

(3) 

Set forth effective, immediate and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work;

(4) 

Be made binding on all contractors and subcontractors on the project in all relevant documents, including bid specifications;

(5) 

Require that each contractor and subcontractor working on the project have an apprenticeship program as defined herein;

(6) 

Fully conform to all statutes, regulations and City of East Orange ordinances regarding the implementation of goals for women- and minority-owned businesses, the obligation to comply with which shall be expressly provided for in the project labor agreement;

(7) 

Include a publicly available plan which is in full conformance with the requirements of all applicable statutes, regulations and executive orders regarding the share of employment and apprenticeship positions in the project for minority group members and women, and is mutually agreed upon by the participating labor organizations and the public entity or the developer which will own the facilities which are built, altered or repaired under the project, provided that any shares mutually agreed upon pursuant to this subsection shall equal or exceed the requirements of other statutes, regulations, executive orders or local ordinances;

(8) 

State that contractors and subcontractors need not be a party to a City of East Orange labor agreement with the applicable labor organization other than for the project covered by the project labor agreement;

(9) 

Require the City to monitor, or arrange to have a state agency monitor, the amount and share of work done on the project by minority group members and women and the progression of minority group members and women into apprentice and journey worker positions and require the City to make public, or have the state agency make public, all records of monitoring conducted pursuant to N.J.S.A. 52:38-1 et seq. (P.L. 2002, c. 44), this chapter and the project labor agreement;

(10) 

State that any and all residents who are already in any signatory union or an apprenticeship program shall be referred to contractors or subcontractors who request them, even if those residents were not in line for referral under normal hiring hall procedures;

(11) 

Require the contract for the public works project to provide whatever resources may be needed to prepare for apprenticeship a number of women and minority group members sufficient to enable compliance with the plan agreed upon pursuant to this chapter and provide that the use of those resources be administered jointly by the participating labor organizations and the public entity;

(12) 

State that the terms of the project labor agreement shall prevail over conflicting terms of any collective bargaining agreements;

(13) 

Require that the labor organization utilize members who are East Orange residents as its first choice for staffing without regard to any other preferential status; and

(14) 

Require that 20% of the labor hours required shall be performed by the East Orange residents who are participating in the apprenticeship program and that 100% of the apprentices shall be East Orange residents.

C. 

Advertisement. Not less than 60 days prior to the commencement of construction, the labor organization will advertise in two newspapers regularly published and distributed in the City and outreach via other media, such as cable television, the Internet or radio. The advertisement shall solicit apprenticeship applications for the labor organization's apprenticeship program, describe the basic requirements for admission, describe the job training and set forth the range of salaries.

D. 

Preconstruction meeting. Not less than 30 days prior to the commencement of construction, the developer shall meet with the appropriate City official, as the context makes relevant, or his or her designee to present workforce needs, which will include the job description of the positions to be filled and duration of the project. In addition, the developer will provide the construction schedule to the respective Director or his or her designee. The labor organization will present the developer and the respective Director or his or her designee with the names, addresses and trades of eligible apprentices who are available to work on the project.

E. 

Job fairs. The developer and the labor organization will jointly participate in a job fair to be held in the City in order to explain the apprenticeship program and solicit applications from attendees.