A.R.S. tit. 34 ch. 3 — Arizona Revised Statutes Title 34 Chapter 3 — Employees On Public Works

34-301. Employment of aliens on public works prohibited A. A person not a citizen or ward of the United States shall not be employed upon or in connection with any state, county or municipal works or employment. B. This section shall not be construed to prevent the working of prisoners by the state or a county or municipality thereof on street, road, or other public work, nor shall the provisions of this section apply to the employment of any teacher, instructor or professor authorized to teach in the United States under the teacher exchange program as provided by federal statutes or the employment of university or college faculty members. 34-302. Residence requirements for employees A. In performing contracts for public work executed by a political subdivision of this state, and in the performance of any work by a political subdivision of this state, there shall be employed only persons who are and have been for not less than one year bona fide residents of the state. B. Contractors or subcontractors may employ on such work not to exceed three regularly employed nonresident executives and technical experts, or when bona fide residents of the state are not available for such employment and the authorized representative of the industrial commission so certifies, persons who are not qualified under this section may be employed until there are available a sufficient number of employees who qualify. 34-321. Public policy; prevailing wage contract; prohibited agreements; definitions A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state shall not by regulation, ordinance or in any other manner require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located. C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract: 1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization. 2. Enter into a neutrality agreement with any labor organization. 3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor. D. Subsection C of this section does not: 1. Prohibit private parties from entering into individual collective bargaining relationships. 2. Regulate or interfere with activity protected by law, including the national labor relations act. E. For the purposes of this section: 1. "Agency" has the same meaning prescribed in section 41-1001. 2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law. 3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes. 4. "Project labor agreement" means any prehire, collective bargaining, model construction 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. 5. "Public works contract" means a contract to which this state or a political subdivision is a party involving the employment of laborers, workmen or mechanics in the construction, alteration or repair of public buildings or improvements.