Louisiana § RS 38:2225.5 - Contracts in which public entities are participants; prohibitions and duties; contractors' rights

§ RS 38:2225.5. Contracts in which public entities are participants; prohibitions and duties; contractors' rights

A.  Except as provided in Subsection E of this Section or as required by federal law, each public entity, when engaged in procuring products or services or letting contracts for construction, manufacture, or operation of public works paid for in whole or in part by state or local funds, or when overseeing or administering such procurement, construction, manufacture, or operation, shall ensure that bid specifications, project agreements, and other controlling documents, entered into, required, or subject to approval by the public entity do not:

(1)  Require bidders, offerors, contractors, subcontractors, or operators to:

(a)  Enter into or adhere to agreements with one or more labor organizations on the same or related projects.

(b)  Enter into any agreement whereby the public entity is required to remain neutral toward any labor organization.

(c)  Pay predetermined or prevailing wages.

(2)  Discriminate against bidders, offerors, contractors, subcontractors, or operators for refusing to:

(a)  Become or remain signatories or otherwise adhere to agreements with one or more labor organizations on the same or related projects.

(b)  Enter into any agreement whereby the public entity is required to remain neutral toward any labor organization.

(3)  Require any bidders, offerors, contractors, subcontractors, or operators to enter into, adhere to, or enforce any agreement that requires any employee as a condition of employment to:

(a)  Become a member of or become affiliated with a labor organization.

(b)  Pay dues or fees to a labor organization over the employee's objection.

B.  No public entity shall provide financial assistance, issue a grant, or enter into a cooperative agreement for any project a condition of which requires that bid specifications, project agreements, or other controlling documents pertaining to the financial assistance, grant, or cooperative agreement contain any of the elements prohibited in Subsection A of this Section.

C.  Nothing herein shall prohibit contractors or subcontractors from voluntarily entering into agreements described in this Section.

D.  Any interested party, which shall include a bidder, offeror, contractor, subcontractor, operator, or taxpayer, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement which violates the provisions of this Section.  Furthermore, such party is authorized to and shall receive injunctive relief to prevent violations of this Section upon a proper showing under the standards of the Code of Civil Procedure.

E.  The provisions of this Section shall not apply to the following:

(1)  Any inmate work-release program.

(2)  Any contract pursuant to the Louisiana Quality Jobs Program.

(3)  Any contract or cooperative endeavor agreement pursuant to the Incumbent Worker Training Program.

(4)  Any public-private agreement for any construction or infrastructure project in which the private entity, as a condition of its investment or partnership with the public entity, requires that the private entity have the right to control its labor relations policy with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. 151 et seq.

Acts 2011, No. 134, §1, eff. June 24, 2011.