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2021 Update: Courts Rule in Favor of #NoPLA Laws Promoting Fair and Open Competition
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 […]
Lawsuit Against Westmoreland County Project Labor Agreement Tests Boundaries of SCOTUS Janus Decision
The Associated Builders and Contractors of Western Pennsylvania’s September 23 lawsuit argues that Westmoreland County’s project labor agreement with the Pittsburgh Regional Building Trades Council runs afoul of the U.S. Supreme Court’s 2018 ruling in Janus vs. AFSCME.
Federal Judge Dismisses Lawsuit Against Arizona Law Restricting Government-Mandated Project Labor Agreements
In a win for taxpayers and free enterprise, on March 11, 2019, a federal judge dismissed a lawsuit by the Arizona State Building and Construction Trades Council that aimed to block enforcement of parts of a pro-taxpayer Arizona law restricting government-mandated project labor agreements on certain public works construction projects. This is the latest legal victory for supporters of Fair and Open Competition Act laws across the country.
Pennsylvania Court Strikes Down PLA Mandate
ABC members Allan Myers and J.D. Eckman Inc. recently won a court case challenging the Pennsylvania Department of Transportation’s project labor agreement mandate for the Markley Street reconstruction project in Montgomery County. Tried in the Commonwealth Court of Pennsylvania, the court ruled on Jan. 11 that PennDOT’s PLA mandate violated the state’s competitive bidding laws and discriminated against nonunion […]
U.S. District Court Knocks Down Jersey City Project Labor Agreement Ordinance
In June, the U. S. District Court for the District of New Jersey found that a 2007 Jersey City ordinance requiring project labor agreements (PLAs) on private projects receiving tax abatements is preempted by the National Labor Relations Act (NLRA). The case involved a Jersey City ordinance encouraging private developers to invest in the city by […]
Courts Rule in Favor of #NoPLA Laws Promoting Fair and Open Competition
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 […]
Federal Appeals Court Finds NLRA Could Preempt Jersey City Project Labor Agreement Ordinance
A federal appeals court has reversed the New Jersey District Court’s decision to uphold a Jersey City project labor agreement (PLA) ordinance that forced developers to enter into a PLA with construction trade unions as a condition of recieving tax abatements on certain projects. The decision paves the way to repeal Jersey City’s discriminatory and costly pro-PLA […]
Victory in Idaho: Appeals Court Upholds Idaho Law Protecting Fair and Open Competition on Public Construction Projects
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 […]
Federal Court Upholds Louisiana Law Prohibiting Government-Mandated Project Labor Agreements
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 […]
ABC Michigan Urges Federal Appeals Court to Uphold Michigan Fair and Open Competition Law
Michigan Gov. Snyder’s office has appealed both of the district court’s rulings against Michigan’s anti-PLA mandate laws to the U.S. Court of Appeals for the 6th Circuit. ABC and ABC of Michigan have submitted an amicus brief in support of the Governor’s appeal, joined by the National Federation of Independent Business and National Right to Work Legal Defense Foundation.