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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]