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San Diego County, CA November 2, 2010 Election
Proposition A
Proposed San Diego County Charter Amendment to Ensure Fair and Open Competition for County Construction Contracts
County of San Diego

Majority Approval Required

Pass: 614,744 / 75.8% Yes votes ...... 196,315 / 24.2% No votes

See Also: Index of all Propositions

Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Shall the San Diego County Charter be amended to prohibit the County from requiring the use of project labor agreements on County construction projects except where required by State or federal law?

Meaning of Voting Yes/No
A YES vote on this measure means:
A "YES" vote is a vote in favor of amending the San Diego County Charter that would prohibit the County from requiring project labor agreements on County construction projects unless required to do so by State or federal law or to receive State or federal funding.

A NO vote on this measure means:
A "NO" vote is a vote against the adoption of this proposed Charter amendment.

Impartial Analysis from County Counsel
You are asked to vote on a proposed amendment to the San Diego County Charter. This proposed amendment, if approved, would add Section 705.4 to the San Diego Charter. Proposed Section 705.4 would prohibit the County from requiring contractors to enter into project labor agreements as a condition of performing County construction projects unless a project labor agreement is required by State or federal law, or the project labor agreement is a condition to receive State or federal funding.

A project labor agreement is a type of collective bargaining agreement entered into between labor organizations and a contractor that applies to the contractor's construction project. The agreements can cover a wide variety of matters, but typically limit strikes, lockouts and other types of work stoppages in exchange for concessions from the contractor regarding wages, benefits and other terms of employment in connection with the construction project. The proposed Charter amendment language only applies to County construction projects. Construction projects are defined as County projects for the construction, rehabilitation, alteration, conversion, extension, maintenance, repair, or improvement of any structure or real property.

This proposed Charter amendment, with two exceptions, prohibits the County from taking action that would require a contractor to enter into a project labor agreement as a condition of performing a County construction project. The two exceptions are: (1) If State or federal law requires a project labor agreement in connection with a particular County construction project, the County would be able to require such a project labor agreement in order to comply with State or federal law. (2) If the receipt of State or federal funding is conditioned upon there being a project labor agreement applicable to a County construction project, the County would be able to require such a project labor agreement.

It is important to note that the proposed Charter amendment would not restrict contractors and labor organizations from voluntarily entering into project labor agreements on their own, independent of any County requirements. A contractor and labor organization will continue to be free to agree between themselves to enter into a project labor agreement on a County construction project even if the proposed Charter amendment is approved by the voters.

  News and Analysis

North County Times

KUSI News KGTV 10News.com Partisan Information

Yes on A website
Click for more information on Yes on A

No arguments against Prop A were found
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Arguments For Proposition A Arguments Against Proposition A
YES ON PROPOSITION A FOR FAIR AND OPEN COMPETITION

Proposition A is fair and ensures that ALL qualified workers will get an equal opportunity to work on public projects. It is not fair to force someone who wants to work on a taxpayer-funded construction project to become a union member.

Proposition A guarantees fair and open competition. With unemployment at 10% in the San Diego region, all qualified local workers deserve a fair and equal opportunity to compete for jobs on San Diego County construction projects. Proposition A ensures taxpayer dollars go further to create jobs.

Proposition A protects taxpayers. Local government has been hit hard by the recession and by state government raids on local tax revenues. At this critical time, County taxpayers cannot afford to fund sweetheart deals for labor unions that can add millions to the cost of County construction projects. Proposition A will prevent these sweetheart deals and protect taxpayers.

Proposition A ensures continued fiscal responsibility. The San Diego County Board of Supervisors has a national reputation for fiscal responsibility, earning the highest credit ratings from Wall Street and recognition as one of the best run local governments in America. Proposition A locks in protections to ensure sound fiscal policies continue.

Who supports Proposition A? The San Diego County Taxpayers Association, the San Diego County Board of Supervisors and working men and women of San Diego County who want a fair and open opportunity to compete for construction jobs paid for with our tax dollars.

Who opposes Proposition A? National and local labor unions are spending hundreds of thousands of dollars to preserve sweetheart, union-only deals that can cost taxpayers millions.

Vote to protect taxpayers and preserve equal opportunity for all workers. Vote YES on Proposition A.

Support local companies and workers by visiting www.fairandopencompetition.com

DIANNE JACOB
San Diego County Supervisor
LORI KNEEBONE
Controller
Pacific Rim Mechanical Contractors
KATHERINE NAKAMURA
Trustee, Board of Education
San Diego Unified School District
LAURA M. NELSON
Treasurer/Co-Founder
Cass Construction, Inc.
LANI LUTAR
President & CEO
San Diego County Taxpayers Association

Rebuttal to Arguments For

WHO IS REALLY BEHIND PROPOSITION A?

Government contractors and their lobbyists have spent hundreds of thousands of dollars on ballot measures like Proposition A. Bans like Proposition A prevent local governments from demanding accountability from the government contractors who make their livings off of your tax dollars.

Who are these government contractors? The Associated Builders and Contractors is a powerful special interest group. Their members make up less than one percent of all the licensed contractors in California, yet they have a lot of influence over how your local laws are made.

An Oceanside City Councilman allowed lobbyists for the Associated Builders and Contractors to write the City Charter within the last year.

The Associated Builders and Contractors' former president is in charge of the committee that makes recommendations on ballot measures like Proposition A for the San Diego County Taxpayers Association.

Now, the Associated Builders and Contractors have the chance for another giveaway if Proposition A passes.

Vote no on Proposition A!

PROPOSITION A IS A DISTRACTION FROM THE REAL PROBLEMS IN
COUNTY GOVERNMENT

Supervisor Bill Horn proposed Proposition A and Supervisors Ron Roberts, Dianne Jacob and Pam Slater-Price voted to put it on the ballot.

Meanwhile, these Supervisors continue to oversee the largest county in California without a fire department even though they have all been in office since 1995 - enough time to bear witness to the 2003 and 2007 wildfires and to fix the problem.

Proposition A does nothing to keep our county safe during fire season.

ARACELI MARTINEZ, Esq
Attorney and Small Business Owner
TOM LEMMON
San Diego Building and Construction
Trades Council
MARK R. BEVERIDGE
President, National City Firefighters Association Local 2744
On the surface, "Ensuring Fair and Open Competition in Contracting" seems like an admirable goal for the County of San Diego.

But that's not what Proposition A is about!

Proposition A was put on the ballot by the same County Board of Supervisors who have spent $100 Million in taxpayer money on pet projects like the Ugly Dog Parade and office furniture for private organizations.

Now, Supervisor Bill Horn proposed wasting $100,000 on Proposition A even though the County already has a law. Supervisors Ron Roberts, Dianne Jacob and Pam Slater-Price went along with the plan.

Why should the County Supervisors care? It's not their money!

But it's our money! The County Supervisors have been in office for so long, they forgot about that.

So what does spending $100,000 on Proposition A get the taxpayers?

Proposition A bans agreements requiring government contractors provide health care to workers on the job. That's bad news. Taxpayers get stuck holding the bill when construction workers show up to our already crowded emergency rooms for care because they have no insurance.

Proposition A bans agreements that require government contractors to hire local workers. In these tough economic times, we need to make sure San Diego County tax dollars are spent putting San Diego County residents back to work - not people from out of state!

Proposition A bans agreements that require career training for the workers on the job. We need to make sure there are educational opportunities for the workforce of tomorrow.

Proposition A is a sweetheart deal for government contractors and a bad deal for taxpayers in San Diego County.

Vote NO on the government contractor giveaway. Vote NO on Proposition A.

TOM LEMMON
San Diego Building & Construction
Trades Council
CAMILLE B. ZOMBRO
Teacher
CYNTHIA TURNER
Registered Nurse

Rebuttal to Arguments Against

DON'T BE FOOLED BY THE LABOR UNION'S MISLEADING ARGUMENTS

Unions are spending hundreds of thousands of dollars to gain control of the Board of Supervisors. Organized labor wants control so they can hand out sweetheart contracts to union contractors. Proposition A locks in smart, fiscally responsible policies that ensure your tax dollars go further and create local jobs.

Taxpayers are left holding the bag when unions get sweetheart deals. Those deals can stop the overwhelming majority of local companies from competing for County contracts and significantly increase construction costs. The Association of General Contractors, representing both union and non-union companies, supports Proposition A because it ensures that ALL qualified workers can compete for taxpayer-funded projects.

With unemployment continuing to rise, it is more important than ever to make certain that no qualified worker, in San Diego County, gets barred from a job. It's not right to require a local worker to join a union in order to work on a project funded by local taxpayers. Proposition A ensures all qualified local workers can compete for jobs.

Join veterans, the San Diego County Taxpayer's Association and working men and women of San Diego County in supporting fair and open competition.

PROTECT TAXPAYERS

VOTE YES ON PROPOSITION A

BILL HORN
Vice-Chair, San Diego County Board of Supervisors
Bronze Star Recipient
ALEX GALICIA
Plumbing Contractor and
Iraq War Veteran
MICHAEL NEIL
Brigadier General USMC-R (Ret)
Navy Cross Recipient
JOHN McCANN
Councilmember, City of Chula Vista
Iraq War Veteran
MARGARET "MICKEY" McKENNA
Treasurer, Oceanside Taxpayers Association

Full Text of Proposition A
Section 705.4: Prohibition on Requiring Project Labor Agreements.

(a) For the purposes of this Section, the following definitions shall apply:

(1) "Contractor" shall mean and include a contractor, subcontractor,
material supplier, carrier or other person or firm engaged in the
completion of a construction project;

(2) "Construction project" shall mean and include any project for the
construction, rehabilitation, alteration, conversion, extension,
maintenance, repair, or improvement of any structures or real property;

(3) "Project labor agreement" shall mean any pre-hire, collective bargaining
or similar type of agreement entered into with one or more labor
organizations, employees or employee representatives that establishes
the terms and conditions of employment on a construction project.

(b) Except as required by State or federal law as a contracting or procurement obligation, or as a condition of the receipt of State or federal funds, the County shall not require a contractor on a construction project to execute or otherwise become a party to a project labor agreement as a condition of bidding, negotiating, awarding or the performing of a contract.

(c) Nothing in this Section shall be construed as prohibiting private parties that may perform work on County construction projects from entering into project labor agreements or engaging in activity protected by law.


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