[HISTORY: Adopted by the Township Committee of the Township of Union 8-25-2020 by Ord. No. 5676. Amendments noted where applicable.]
To effectuate the purposes of this chapter, these terms shall have the following meanings:
- A worker who participates in a program registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor, ("DOL") or an apprenticeship equivalent program either approved and funded by the New Jersey Department of Labor as of January 1, 2003, who takes a construction apprenticeship test, and receives benefits and pay not less than those received by an apprentice.
- AFFORDABLE HOUSING GRANT
- A form of redevelopment area financing involving a disbursement of monies from the Township's Affordable Housing Trust Fund to a developer, given in order to ensure the inclusion, of on-site affordable housing at the developer's project, for the duration of the tax exemption.
- APPRENTICESHIP PROGRAM
- An apprenticeship program registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor or an apprenticeship equivalent program, as that term is used by the State of New Jersey in the Abbot Project labor agreement, either approved or funded by the New Jersey Department of Labor as of January 1, 2003.
- COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
- A form of redevelopment area financing which provides monies that can be used to revitalize neighborhoods, expand affordable housing and economic opportunities, and/or improve community facilities.
- CRAFT EMPLOYEE
- A person employed in a trade as defined hereinafter at either the apprentice or journeyman level.
- An entity that is developing a project that has a total construction cost that is equal to, or in excess of, $5,000,000, exclusive of any land acquisition costs, and has received 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et seq. (the Long-Term Tax Exemption Statute) or a tax exemption pursuant to N.J.S.A. 40A:21-1 et seq. (the Five-Year Tax Exemption Statute), and 2) is a recipient of some form of redevelopment area financing (RAP) such as, but not limited to, a redevelopment area bond ("RAB") pursuant to N.J.S.A. 40A:12A-64 et seq. or any other form of municipal financing/funding such as an Affordable Housing Trust Fund grant, a community development block grant (CDBG), a direct payment to the developer by the Township in the form of rent, or 3) if the entity is the recipient of a construction contract awarded by the Township for a public construction project.
- FINAL CERTIFICATE OF OCCUPANCY
- The certificate that is issued by the Office of the Construction Official from the Building Department upon completion of the project indicting that the structure is ready for occupancy.
- A skilled worker who is a member of a labor organization and who has successfully completed an official apprenticeship qualification in a building trade or craft.
- LABOR ORGANIZATION
- An organization which represents, for purposes of collective bargaining, employees trained in a particular trade, involved in the performance of a public construction project or RAP project that has the present ability to refer, provide or represent sufficient numbers of qualified employees to perform the contracted work and has an apprenticeship program.
- LABOR PERSON HOURS
- The number of hours worked multiplied by the number of employees performing such work.
- Any officer; director, or individual who directly or indirectly holds any beneficial interest in or ownership of the securities of the business and/or any employee of the business who is empowered by title or by explicit assignment to authorize the procurement, purchase, or contracting of equipment, goods, services, or supplies whatsoever involving an expenditure of $1,000 or greater.
- PROJECT COMPLETION
- The determination by the Township that the project, in whole or in part, is ready for the use intended, which ordinarily shall mean the date on which the project receives its final certificate of occupancy.
- PROJECT LABOR AGREEMENT (PLA)
- A contract between a labor organization and a developer for construction jobs that contains, at a minimum, the requirements set forth in this chapter.
- PUBLIC CONSTRUCTION PROJECT
- Any construction contract entered into by the Township using public funds, the total cost of which is equal to or exceeds $5,000,000, exclusive of any land acquisition costs.
- REDEVELOPMENT AREA BOND
- A form of redevelopment area financing whereby the Township sells bonds pursuant to N.J.S.A. 40A:12A-64, et seq. (the "RAB Law") in order to fund infrastructure improvements and other project costs.
- REDEVELOPMENT AREA FINANCING ("RAF") PROJECT
- A project that has a total construction cost that is equal to or exceeds $5,000,000, exclusive of any land acquisition costs, which receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et seq. or N.J.S.A. 40A:21-1 et seq., and 2) some form of redevelopment area financing such as an Affordable Housing Trust Fund grant, a community block development grant, or a redevelopment area bond.
- Any person who currently lives in the Township of Union and who has lived in the Township for the previous 12 months.
- SUBSTANTIAL COMPLETION
- Any construction project that is not completed but is near completion by virtue of the project receiving a temporary certificate of occupancy from the Office of the Construction Code Official.
- TEMPORARY CERTIFICATE OF OCCUPANCY
- A certificate that is issued by the office of the Construction Official when a project has been substantially completed provided that such portion or portions may be occupied safely prior to full completion of the building or structure without endangering health or safety.
- TOTAL CONSTRUCTION COST
- All costs, including infrastructure, excluding only land acquisition costs, incurred to construct a project through the date of completion, that is, the date the final certificate of occupancy is issued. total construction cost shall generally be determined in accordance with the industry standard of Marshall and Swift Valuation, but including the cost of piling and soil compaction. Total construction cost must include any construction cost constituting as an element of total project cost under N.J.S.A. 40A:20-3(h)(4).
- TOWNSHIP OF UNION
- The Mayor, the Township Committee, the Township Attorney, and/or Township Business Administrator of the Township of Union, or any of their designees.
- A skilled job, typically one requiring manual skills and special training, such as carpentry, masonry, and plastering that are primarily concerned with the construction and finishing of buildings.
All redevelopment area financing (RAF) projects as defined herein and all requests for proposals, specifications and final contracts for public construction projects exceeding $5,000,000, exclusive of any land acquisition costs, shall require the execution of a project labor agreement that complies with the requirements of this chapter. The Township Business Administrator may, having taking into consideration the nature, size and, complexity of the project, determine that a project labor agreement is not required. In all cases where a project labor agreement is utilized, it must advance the interests of the Township, including cost, efficiency, quality, timelines, and need for skilled labor force and safety.
All project labor agreements shall contain the following terms:
A guarantee that there will be no strikes, lock-outs, or other similar actions;
Procedures to insure the effective, immediate, and mutually binding resolutions of jurisdictional and labor disputes arising before the completion of the work;
A provision to bind all contractors and subcontractors on the project in all relevant documents;
Evidence that each contractor and subcontractor working on the project has a local federally registered apprenticeship program;
Conformity with all statutes, regulations and Township ordinances regarding the implementation of the Township's goals for the hiring of local residents. Specifically, that 20% of the total labor person hours performed by the labor organizations are performed by residents of Township of Union. Included in this 20% shall be craft employees of all skill levels including apprentices and journeymen.
A requirement that developers and labor organizations complete the following pre-construction actions:
Initial meeting. Prior to a financial agreement being executed between the Township and the developer, and prior to a project labor agreement being executed between the developer and the labor organizations, the developer, the general contractor, and a representative from the labor organizations must all meet with the Tax Assessor and Business Administrator 1) to assess the general contractor's respective workforce needs, 2) to discuss the general contractor's construction and procurement schedule, and 3) for the Tax Assessor to specify any and all procedures necessary and proper in carrying out the enlisted requirements within this chapter.
Preconstruction meeting. Prior to the commencement of construction, the developer, the general contractor, and a representative from the labor organizations must all meet with the Business Administrator and Tax Assessor to present workforce needs, which will include the job description of the positions to be filled and the duration of the project. In addition, the developer and/or the general contractor must provide the Business Administrator and Tax Assessor their construction and procurement schedules. The labor organizations must present the developer and the Township with the names, addresses, and trades of all eligible apprentices who are available to work on the project. Additionally, the Business Administrator and/or Tax Assessor shall specify any and all procedures necessary and proper in carrying out the enlisted requirements within this chapter.
Advertisement. Not more than 60 days after the initial meeting, each labor organization must advertise for prospective apprentices within their respective trade. These advertisements from each labor organization must do the following: 1) solicit apprenticeship applications for their respective apprenticeship program, 2) describe the basic requirements for admission into their respective apprenticeship program, 3) describe the job training associated with their apprenticeship program, 4) state the date or dates for their respective apprenticeship tests, and 5) set forth the range of salaries. All apprenticeship applications and advertisements must meet the following requirements:
All apprenticeship applications shall include a provision that the names and contact information of all applicants shall be listed in a job-seekers database maintained by the Office of Diversify and Inclusion;
Applications must be made available online and must be able to be filled out and submitted digitally via a mobile browser and via a personal computer/laptop browser;
Applications must be able to be downloaded and printed and applications must be made available to be picked up and submitted in person at a physical location during reasonable business hours (9:00 a.m. to 5:00 p.m., Mondays through Fridays).
Advertisements must be posted both online and in all newspapers regularly distributed and/or circulated within the Township of Union;
Online advertisements, when clicked, must either direct the user to a web address to learn more or link directly to the online application form;
Advertisements must provide both a physical location and a web address to learn more;
All online advertisements must include relevant keywords (e.g. electrician, plumbing, etc.) to ensure that the targeted audience sees the advertisement;
Advertisements must be posted directly on LinkedIn, Indeed and Glassdoor, via sites such as ZipRecruiter or WorkConnect;
Advertisements posted through Google search ads and Google display ads or on any advertising network with similar reach, and any advertisements posted on Facebook, Twitter and Pandora, must be targeted to the Township of Union zip code;
All advertisements must run at least 14 days prior to the apprenticeship application deadline;
All proposed advertisements, regardless of whether they are in digital or in print format, must be approved by the Business Administrator 14 days in advance of publication.
At the conclusion of the application period, the results of the labor organization's advertising campaign (including, but not limited to, the total number of page views, clicks, number of application submissions, etc.) must be submitted to the Business Administrator on forms issued by the Township of Union.
Job fairs. The labor organizations must conduct job fairs once every three months, thus four times annually. The job fairs are to be held at a location to be provided by the Township in order for the labor organizations to explain the apprenticeship programs and solicit applications from attendees.
Any residential project which shall maintain more than 50% of the entire project's gross square footage as affordable housing shall be exempt from the requirement of a project labor agreement.
In the event an application for a RAF Financing Project contains an estimate of total project cost of less than $5,000,000, but upon project completion is determined to have a total construction cost equal to or exceeding $5,000,000, then the project service charge shall be increased as follows:
The above increases shall be retroactive to the date of substantial completion and shall apply for each and every year of the entire term of the RAF financing project.
All developers of RAF Projects, whether subject to a project labor agreement or not, shall submit a detailed certification of the estimated total construction cost with the application for any tax exemption, which shall be made available to the public.
In the event construction permits are issued more than 12 months from the date of the adoption of the ordinance approving the RAF financing or have otherwise expired, the developer shall be required to re-submit a current estimate of total construction costs to ensure that the total construction costs do not exceed $5,000,000, or a project labor agreement shall be required.
No later than 90 days following project completion, the developer shall submit a certification of actual total construction cost certified to the Township by the project's architect and engineer. Total construction cost is subject to review by the Township at the time of application and audit by the Township, upon project completion.
The project labor agreement shall require the submission of the following reports to the Business Administrator on the 15th day of each month for the previous month in a format provided by the Township of Union, for each year of construction until project completion:
Manning report. This report which is provided by the developer's general contractor must accurately reflect the total work hours in each construction trade or craft and the number of hours worked by minorities and/or women in each trade or craft, and will list separately the work hours performed by such employees of the general contractor who are actually performing work on the site and each of its subcontractors during the previous quarter.
Certified payroll report. This certified report, which is to be provided by the developer's general contractor, must specify the residence, gender and ethnic/racial origin of each worker, broken down by trade, along with their respective work hours and the rate of pay and benefits provided.
Equal employment opportunity reports. The labor organizations must provide copies of each of their local union reports (EEO-3) and each of their apprenticeship information reports (EEO-2), as required to be filed with the United States Commission of Equal Employment Opportunity Commission.
Apprenticeship report. This report from all of the labor organizations, which must be provided each month, shall list the names, addresses, and contact information of all persons who were accepted into each labor organization's apprenticeship program. The report shall also list the names, addresses, and contact information of all Township residents who were rejected for admission into each labor organization's apprenticeship program along with the reasons for their rejection. For those Township residents who failed to finish the program, the report must provide the reasons why they failed to complete the program.
Membership report. Every month, each labor organization shall provide an accurate, up-to-date number of its current membership throughout the State and a list of all of their current members, journeymen and apprentices who live in Union, along with each member/journeyman/apprentice's name, address, and contact information.
Other reports. The developer and/or labor organizations shall furnish to the Township any and all reports or other documents to the Township as the Township may reasonably request from time to time in order to carry out the purposes of this chapter.
Records. Records to support the work hours stated in the above reports must be maintained for a period of three years after project completion. All records shall be made available to the Township upon 10 days' prior written notice.
Site access. Representatives of the Township shall be permitted to have appropriate access to all work sites in order to monitor compliance.
Inter-agency cooperation. The Township will solicit the support of the Union Board of Education, Union County Community College, Union County Vo-Tech School, and other community-based organizations in order to maximize participation in the apprenticeship program among eligible Township residents.
Preparatory services. The Township shall be responsible for the development of a program to provide all necessary preparatory services for enrolled pre-apprentices, including assistance with GED preparation, obtaining drivers license, mentoring and other supportive services for pre-apprentices. The pre-apprenticeship program shall be operated in such a manner that its successful graduates will be equipped and eligible for entry into the apprenticeship programs of a labor organization.
Monitoring. The Township shall be responsible for the selection, operation and supervision of pre-apprenticeship programs that may be operated by private entities and shall retain authority to review and approve the curriculum and procedures used to recruit and select participants.
The Township Business Administrator shall be the primary office authorized to implement and enforce this chapter, including 1) documentation and recordkeeping requirements, 2) monitoring and compliance activities, 3) project and/or contract coverage determinations, 4) designated referral sources, 5) bid and contract documents implementing this chapter, and 6) other matters related to implementation of this chapter.
The Township Business Administrator or his designee shall assess compliance monthly during construction and for all ongoing obligations postconstruction;
If the Township Business Administrator determines that a project is not compliant, then the Township Business Administrator will issue a recommendation for appropriate corrective action.
The developer and all labor organizations affiliated with the project shall demonstrate to the Township compliance with this chapter. It shall not be a defense to any enforcement action taken by the Township that the developer or the labor organization could not obtain any item or information from any other party to the project labor agreement. This chapter does not limit the developer or the labor organization's ability to assess qualifications of prospective workers, to make final hiring and retention decisions. No provision of this chapter shall be interpreted so as to require a developer, a labor organization, a general contractor or a subcontractor to hire or retain a worker who lacks the necessary qualifications for the position in question, or to employ any particular worker regardless of qualifications.
In the event that either the developer and/or the labor organization should violate this chapter, the Township may seek any and all remedies available to it at law or equity. Such remedies include, but are not limited to, compelling the developer and/or the labor organization to a) complete a remedial employment action plan, b) pay liquidated damages or c) electing to terminate the RAF and/or the tax exemption.
If any provision of this chapter, or application thereof, to any person or circumstance is judged unconstitutional or otherwise invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.