[HISTORY: Adopted by the Township Committee of the Township
of Union as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-25-2020 by Ord. No. 5676 (Ch. 530 of the 2004 Code)]
To effectuate the purposes of this article, 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.
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.
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.
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.
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:
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
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
If the entity is the recipient of a construction contract awarded
by the Township for a public construction project.
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.
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.
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.
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.
A contract between a labor organization and a developer for
construction jobs that contains, at a minimum, the requirements set
forth in this article.
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.
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.
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:
Any person who currently lives in the Township of Union and
who has lived in the Township for the previous 12 months.
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.
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.
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).
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.
A.
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 article. 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.
B.
All project labor agreements shall
contain the following terms:
(1)
A guarantee that there will
be no strikes, lock-outs, or other similar actions;
(2)
Procedures to insure the effective,
immediate, and mutually binding resolutions of jurisdictional and
labor disputes arising before the completion of the work;
(3)
A provision to bind all contractors
and subcontractors on the project in all relevant documents;
(4)
Evidence that each contractor
and subcontractor working on the project has a local federally registered
apprenticeship program;
(5)
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.
(6)
A requirement that developers
and labor organizations complete the following pre-construction actions:
(a)
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:
(b)
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 article.
(c)
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:
[1]
Application requirements.
[a]
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;
[b]
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;
[c]
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).
[2]
Advertising requirements.
[a]
Advertisements must
be posted both online and in all newspapers regularly distributed
and/or circulated within the Township of Union;
[b]
Online advertisements,
when clicked, must either direct the user to a web address to learn
more or link directly to the online application form;
[c]
Advertisements must
provide both a physical location and a web address to learn more;
[d]
All online advertisements
must include relevant keywords (e.g. electrician, plumbing, etc.)
to ensure that the targeted audience sees the advertisement;
[e]
Advertisements must
be posted directly on LinkedIn, Indeed and Glassdoor, via sites such
as ZipRecruiter or WorkConnect;
[f]
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;
[g]
All advertisements
must run at least 14 days prior to the apprenticeship application
deadline;
[h]
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.
[3]
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.
(d)
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.
A.
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.
B.
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:
C.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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
article.
(7)
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.
(8)
Site access. Representatives
of the Township shall be permitted to have appropriate access to all
work sites in order to monitor compliance.
A.
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.
B.
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.
C.
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.
A.
The Township Business Administrator
shall be the primary office authorized to implement and enforce this
article, 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 article, and
(6)
Other
matters related to implementation of this article.
B.
The Township Business Administrator
or his designee shall assess compliance monthly during construction
and for all ongoing obligations postconstruction;
C.
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.
D.
The developer and all labor organizations
affiliated with the project shall demonstrate to the Township compliance
with this article. 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 article 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 article 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 article, 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:
If any provision of this article, 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 article that can be given effect without the invalid provision
or application, and to this end the provisions of this article are
declared severable.
