§ 21a-421e — Project labor agreement required. Civil action for enforcement. Penalty.

(a) As used in this section: (1) “Affiliated business entity” means a business entity that, either directly or indirectly through one or more intermediaries, is controlled by, or is under common control with, a cannabis establishment; (2) “Control” means the power to direct, or cause the direction of, the management and policies of a business entity; (3) “Covered project” means a project that is (A) for the construction or renovation of any facility for the operation of a cannabis establishment, (B) in an amount of at least five million dollars, and (C) performed by or on behalf of (i) a cannabis establishment, or (ii) an affiliated business entity; (4) “Labor organization” (A) means any organization that exists and is constituted, in whole or in part, for the purpose of (i) collective bargaining, or (ii) dealing with employers concerning grievances, terms or conditions of employment or other mutual aid or protection, and (B) does not include a company union, as defined in section 31-101 ; and (5) “Project labor agreement” means a prehire collective bargaining agreement that (A) is entered into by and between (i) a cannabis establishment or an affiliated business entity, (ii) one or more contractors or subcontractors at any tier, and (iii) one or more labor organizations, (B) establishes the terms and conditions of employment in connection with performance of a covered project, (C) binds each affiliated entity, contractor and subcontractor to adhere to the terms of such collective bargaining agreement through the inclusion of specifications in all relevant solicitation provisions and contract documents concerning performance of the covered project, (D) allows each contractor or subcontractor to compete for contracts and subcontracts on the covered project without regard to whether such contractor or subcontractor is otherwise a party to a collective bargaining agreement, (E) establishes uniform terms and conditions of employment for all construction labor employed in connection with performance of the covered project, (F) guarantees against strikes, lockouts and similar job disruptions in connection with performance of the covered project, (G) sets forth mutually binding procedures for resolving labor disputes arising during the term of such collective bargaining agreement, and (H) includes any other provisions as negotiated by the parties to such collective bargaining agreement to promote successful performance of the covered project. (b) Each covered project shall be the subject of a project labor agreement. A contractor, subcontractor or labor organization may enforce the provisions of this section, or seek remedies for noncompliance with a project labor agreement entered into under this section, by commencing a civil action in the Superior Court in the judicial district in which the covered project is to be performed or is performed. The court, after hearing, may order penalties of not more than ten thousand dollars per day for each violation of the project labor agreement by the cannabis establishment or affiliated business entity. A failure of a cannabis establishment or affiliated business entity to comply with the provisions of this section shall not be the basis for any administrative action by the Department of Consumer Protection.

Legislative History

(June Sp. Sess. P.A. 21-1, S. 103; P.A. 24-76, S. 19.) History: June Sp. Sess. P.A. 21-1 effective July 1, 2021; P.A. 24-76 substantially revised section including by adding definitions of “affiliated business entity”, “control”, “covered project” and “labor organization”, deleting definition of “employee organization” and redefining “project labor agreement” in Subsec. (a), and adding provisions re affiliated business entities in Subsec. (b), effective July 1, 2024.