Monday, July 23, 2007 | Having read Eric Christen’s blog concerning project labor agreements last Friday, I wanted to commend him and the numerous commentors for a very interesting and informative discussion of the topic.
I do, however, want to set the record straight on one of the main points raised, namely whether PLAs are discriminatory against non-union contractors. The claim of discrimination seems to be the justification for any action taken in the name of preventing developers from signing PLAs.
But are PLA’s really discriminatory? The answer comes not from any association, union, editorial board or elected official with a bias one way or the other. The answer comes straight from the U.S. Supreme Court which said that PLAs are not discriminatory.
In Associated Builders and Contractors vs. Massachusetts Water Resources Author. 507 US 218 (1993), the court clearly ruled that PLA’s are “like any other legitimate bidding condition and no contractor is excluded from the bidding process unless it excludes itself.”
I encourage anyone who still has an open mind on the subject to read this decision.