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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2007-96 <br />BY: Council Members Ryan and Orlowski <br />AN ORDINANCE CREATING NEW SECTION 111.09 OF <br />THE ADMINISTRATIVE CODE OF THE CITY OF NORTH <br />OLMSTED ENTITLED, "PROJECT LABOR <br />AGREEMENTS, " PROVIDING THE MAYOR WITH <br />DISCRETION AND AUTHORIZATION TO NEGOTIATE <br />AND ENTER INTO PROJECT LABOR AGREEMENTS ON <br />SPECIFIC CITY IMPROVEMENT PROJECTS AS <br />AMENDED. <br />WHEREAS, this Council believes that the presence of project labor agreements on the <br />City's large public improvement projects tends to promote better quality workmanship on <br />these projects and further may serve to promote labor peace during construction periods; and <br />WHEREAS, this Council believes that authorizing the Mayor, in his discretion, to <br />negotiate and enter into project labor agreements with applicable trade unions, and to include <br />such agreements as part of the bid specifications for specific City improvement projects, may <br />confer benefits most often in specific City projects where the engineering construction estimate <br />for the project exceeds one hundred thousand dollars ($100,000); and <br />WHEREAS, the Ohio Supreme Court, in the decision of Ohio State Building & <br />Construction Trades Council v. Cuyahoga County Board of Commissioners (2002), 98 Ohio <br />St. 3d 214, and relying upon the United States Supreme Court decision of Bldg & Constr. <br />Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island Inc. <br />,:1993), 507 U.S. 218, observed that the State and its political subdivisions are not pre-empted <br />by Sections 8(e) and ( fl of the National Labor Relations Act, as enaeted by the 1959 Landrum- <br />Griffin Act, 29 USC Sections 158(e) and (f), when they act as market participants rather than <br />market regulators; and <br />WHEREAS, it is the desire of this Council to accordingly authorize the Mayor, in his <br />discretion and acting on behalf of the City as a market participant in City improvement <br />projects, to negotiate and enter into project labor agreements with the applicable trade unions, <br />for City improvement projects with a construction estimate that is one hundred thousand <br />dollars ($100,000) or larger, and to require bidders on such projects to agree, as a condition of <br />contract award, to comply with the project labor agreement that the Mayor negotiated and <br />entered into on behalf of the City; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: