On May 30, 2017, Governor Eric Greitens signed the Fairness in Public Construction Act, SB 182, into law.  The Bill was introduced by Senator and Assistant Majority Leader, Bob Ondear and modifies Missouri’s law relating to project labor agreements (“PLAs”).

Under the current law, the State or any agency or political subdivision of the State may require private construction firms that are bidding to work on a public construction project, to enter into a PLA regardless of whether the firm typically uses union labor or not.  SB 182 repeals this provision and prevents a state, any agency of the state, any political subdivision, or any instrumentality thereof, from requiring bidders to enter into PLAs.

The Bill prohibits the state and any agency, instrumentality, or political subdivision of the state, from requiring or prohibiting bidders from entering into PLAs when contracting for the construction, repair, remodeling, or demolition of a facility.  Moreover, the Bill prohibits the state, any agency, political subdivision, or instrumentality of the state, from encouraging or giving preferential treatment to bidders who enter or refuse to enter into agreements with a labor organization.  The Bill further prohibits any discrimination against such bidders for entering or refusing to enter into agreements.

The law takes effect August 28, 2017.

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Photo of Loren Foy Loren Foy

Loren focuses her practice around labor and employment matters. She has experience working in complex litigation, including prosecuting Section 216(b) collective actions under the Fair Labor and Standards Act, and defending against the Equal Employment Opportunity Commission (EEOC) in large scale enforcement actions.