Legal Challenge

Union Leaders and Contractors Oppose Government-mandated Project Labor Agreements Too

0 March 1, 2021  Featured, Federal Construction, Open Competition Works, State & Local Construction

The debate surrounding controversial government-mandated project labor agreements is often framed by the media, elected officials and policy wonks as a dispute pitting construction unions against nonunion contractors in a battle about whether the government should be enacting PLA preference and mandate policies that ultimately steer taxpayer-funded construction contracts to unionized contractors and create jobs […]

READ MORE

2021 Update: Courts Rule in Favor of #NoPLA Laws Promoting Fair and Open Competition

0 February 17, 2021  Featured, Federal Construction, State & Local Construction

Numerous courts continue to uphold pro-taxpayer federal and state laws and/or executive orders prohibiting anti-competitive and costly government-mandated project labor agreements. Advocates of government-mandated PLA schemes have been unsuccessful in challenging such laws in the courts. As discussed in this February 4, 2021, letter to the Biden administration, ABC supports fair and open competition laws […]

READ MORE

PennDOT Withdraws Appeal of Commonwealth Court’s Decision on PLA Mandate

0 March 19, 2019  State & Local Construction, Transportation & Infrastructure

Following the Commonwealth Court of Pennsylvania’s Jan. 11 decision to strike down the state Department of Transportation’s project labor agreement mandate for the Markley Street reconstruction project, PennDOT withdrew their appeal of the decision on March 7. In August 2017, PennDOT issued a solicitation that contained a PLA requirement on the second phase of the Markley Street project, which […]

READ MORE

Courts Rule in Favor of #NoPLA Laws Promoting Fair and Open Competition

2 January 10, 2017  Featured, Federal Construction, State & Local Construction

Proponents of government-mandated project labor agreements (PLAs) have unsuccessfully challenged federal and state laws and executive orders that prevent lawmakers and agencies from imposing anti-competitive and costly union-favoring PLA requirements on taxpayer-funded construction projects. When mandated by government entities, PLAs have a dismal track record of increasing costs, reducing competition, and discriminating against experienced construction companies […]

READ MORE

Victory in Idaho: Appeals Court Upholds Idaho Law Protecting Fair and Open Competition on Public Construction Projects

0 September 18, 2015  Featured, Open Competition Works, State & Local Construction

Big news out of the U.S. Court of Appeals for the 9th Circuit: Idaho’s law restricting state agencies or political subdivisions from requiring contractors to enter into project labor agreements (PLAs) as a condition of performing public work stands. There are no legal challenges against any of the enacted 23 state anti-PLA mandate laws or executive […]

READ MORE

Federal Court Upholds Louisiana Law Prohibiting Government-Mandated Project Labor Agreements

0 May 28, 2015  Open Competition Works, State & Local Construction

Another union-backed legal challenge to a state law protecting fair and open competition for taxpayer-funded construction contracts has failed. It is another big win for free enterprise and builds on existing case law permitting states to restrict these crony contracting schemes. A federal court in the Eastern District of Louisiana May 27 ruled that Louisiana’s […]

READ MORE

Why ABC New Jersey Chapter is Suing Jersey City

0 September 18, 2014  Featured, State & Local Construction

Earlier this month, the New Jersey Chapter of Associated Builders and Contractors (ABC) filed a complaint in federal court against Jersey City, N.J., in response to its 2012 ordinance requiring developers and contractors to execute union-favoring project labor agreements (PLAs) on certain tax-abated projects in Jersey City. This ordinance amended existing pro-PLA city code that […]

READ MORE

Fallout from Major Circuit Court Win Continues

0 September 11, 2013  Featured, State & Local Construction

The fallout from last week’s critical decision by the U.S. Circuit Court of Appeals for the 6th Circuit continues to make an impact. The ruling is already changing the procurement of publicly funded construction projects. After a federal district court judge enjoined the second project labor agreement (PLA) reform law in November 2012, a number […]

READ MORE