Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal

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Any Commonwealth project with a project labor agreement attached to it is ripe for a challenge.

February 18, 2019
Wally Zimolong - Supplemental Conditions

In what is nothing short of a monumental decision, on January 11, 2019, the Pennsylvania Commonwealth Court in Allan Myers L.P. v. Department of Transportation ruled that nearly all project labor agreements in Pennsylvania are illegal under the Commonwealth’s procurement code.

What are Project Labor Agreements?

In short, Project Labor Agreements (PLAs) are pre-hire agreements that set the working conditions for all employees of contractors working on a construction project. Typically, a PLA is entered into between an public or private construction project owner and certain local building trade unions. PLAs require the use of union labor that is to be hired exclusively through the hiring halls of the unions who are parties to the PLA. PLAs are controversial because, among other reasons, while not expressly excluding non-union contractors from performing work on the project, they require non-union firms to use union members instead of their regular employees.

Mr. Zimolong may be contacted at wally@zimolonglaw.com



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