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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.
Legal Challenges Against Federal Government-Mandated Project Labor Agreements During President Obama’s First Term
Here’s a brief review of legal challenges to federal government-mandated project labor agreements (PLAs) during President Obama’s first term. On April 13, 2010, the Federal Acquisition Regulatory (FAR) Council issued a final rule (pdf), effective May 13, 2010, implementing President Obama’s Feb. 6, 2009, pro-PLA Executive Order 13502 into federal procurement regulations. It encourages federal agencies, on […]
Understanding Government-Mandated Project Labor Agreements and the Law
Lawmakers, the media, taxpayers and members of the construction industry frequently inquire about government-mandated project labor agreements (PLAs) and the law. They question how such blatant favoritism and cronyism is legal. In the 1993 landmark Boston Harbor case, the Supreme Court of the United States held that government-mandated PLAs are not prohibited by the National Labor Relations […]
Michigan Again Bans PLA Mandates on Taxpayer-Funded Construction
Determined to ensure that taxpayers get the best construction at the best price, Michigan’s elected leaders have again enacted legislation (Public Act 238) that will ensure government neutrality with regard to project labor agreements (PLAs) on taxpayer-funded construction in the Great Lakes state. Although Michigan adopted a similar bill in 2011, a federal district court […]
Idaho Legislature Shows Commitment to Taxpayer Value; Rejects Federal District Court’s Decision
Last week, Idaho Gov. Butch Otter (R) signed S.B. 1337, which is the legislature’s second attempt to ban wasteful and discriminatory project labor agreement (PLA) mandates on taxpayer-funded construction. The prior piece of legislation (S.B. 1006 of 2011) Gov. Otter signed on March 3, 2011 to ban these taxpayer-funded handouts was invalidated in December 2011 […]
Santa Fe City Council Adopts the State’s First PLA Mandate
There was a distributing development in Santa Fe, N.M., on Feb. 29, when the city council quietly adopted a policy requiring community workforce agreements (CWAs) on all projects costing more than $500,000. A community workforce agreement is no different than a wasteful and discriminatory project labor agreement (PLA); it just goes by another name. Washington, […]