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CITY OF NORTH OLMSTED RESOLUTION NO. 98- 26 BY: THE ENTIltE CITY COUNCIL A RESOLUTION OBJEC77NG TO HOUSE BILL 386 WHICH WOULD PROHIBIT PUBLIC AUTHORITIES FROMIMPOSING CERTAINLABOR REQUIREMENTS AS A CONDITION OF PERFORMING PUBLIC WORKS, AND DECI.ARING ANEMERGENCY. WHE1tEAS, House Bi11386 of the 122nd General Assembly requests the enactment of new sections of the Ohio Revised Code which would prohibit public authorities from imposing certain labor requirements as a condition of performing public works; and WHEREAS, House Bi11386 requires a public authority, when it procures products or services, lets contracts, or oversees procurement or construction for public improvements, to ensure that bid specifications, project agreements, and other controlling documents entered into between the public authority, contractor and subcontractor, which are required by the public authority or subject to its approval, do not do either of the following: (i) require any bidder, contractor, or subcontractor to enter into or adhere to agreements with any Iabor organization upon the public improvement that currently is under bid or on projects related to that improvement; and (ii) require any bidder, contractor, or subcontractor to enter into, adhere to, or enforce any agreement that requires the employees of that bidder, contractor, or subcontractor to become members of or affiliated with a labor organization or pay dues or fees to a labor organization as a condition of employment or continued employment; and WHEREAS, House Bill 386 prohibits a public authority from awarding a contract for a public improvement if the contract's bid specifications, project agreements, or other controlling documents contain the prohibited elements set forth above; and WHEREAS, House Bill 386 prohibits a public authority from pernutting a party to a contract for a public improvement from imposing the prohibited elements set forth above, and from discrimination against any bidder, contractor, or subcontractor for refusing to become or remain an adherent to an agreement with a labor organization as a condition of employment or continuea employment; and WHEREAS, House Bi11386 permits an interested party to file a civil action within two years of the date on which a contract for a public improvement was signed for alleged violations of the bill's provisions, may make the contracting public authority a party to the action, requires a court to award court costs and attorney fees to a prevailing plaintiff, and possibly void the contract and make any orders that will prevent further violations; and WHEREAS, House Bilt 386 prohibits a public authority from doing any of the following: (i) awarding a contract for a public improvement if the contract requires bid specifications, project agreements, or other controlling documents pertaining to the contract to contain any of the prohibited elements specified above; (ii) permitting a party to a contract for a public improvement to impose any of the prohi6ited elements specified above in connection with any contract awarded by the public authority or entered into between the public authority and the party; (iii) discriminating against any bidder, contractor, or subcontractor for refusing to become or remain a . ??s.. , . _. n..??,..? ?..m,..4.,