Fair and Open Competition
San Diego Municipal Code § 22.4402
in effect§22.4402 Fair and Open Competition
The City may use, enter into, or require contractors to enter into, a project labor agreement with labor organizations for construction projects. The following taxpayer protection provisions shall be included in any project labor agreement:
(a) A non-discrimination clause prohibiting discrimination in hiring and dispatching workers for the construction project based on race, gender, gender expression, gender identity, national origin, religion, ethnicity, sexual orientation, age, disability, political affiliation, or membership in a labor organization.
(b) A provision inviting all qualified contractors and subcontractors to bid on and be awarded work on the construction project without regard to whether they are parties to collective bargaining agreements with a labor organization.
(c) An agreed-upon protocol concerning drug testing for workers who will be employed on the construction project.
(d) Guarantees against work stoppages, strikes, lockouts, and similar disruptions of the construction project.
(e) A dispute resolution clause that requires disputes arising from the project labor agreement to be resolved by a neutral arbitrator.
(f) Enforcement provisions for noncompliance with project labor agreement terms and conditions.
(“Fair and Open Competition - Prohibition on Requiring Project Labor Agreements” added 1-30-2012 by O-20126 N.S.; effective 7-10-2012.)
(Retitled from “Fair and Open Competition – Prohibition on Requiring Project Labor Agreements” to “Fair and Open Competition” and amended 7-29-2022 by O-21510 N.S.; effective 12-12-2022.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division44.pdf#page=2Fetched: 10/28/2026