Article by Paul M. James and Matthew C. Bouchard
In past issues, we’ve tracked the applicability and enforceability of Project Labor Agreements (PLAs), pre-bid collective bargaining agreements between labor and management groups that effectively eliminate non-union contractors from bidding publicly financed construction work. In Volume 7, Issue 1, we noted that President Bush issued an Executive Order prohibiting the use of PLAs in federally funded construction projects. That Order was permanently enjoined in early November by the Federal District Court for the District of Columbia, which held that the President lacked the constitutional and statutory authority to issue it. Specifically, the D.C. District Court considered the Order a legislative act beyond the scope of the President’s executive powers. The court also ruled that because the Order altered the balance of bargaining power between labor and management groups, it was preempted by the National Labor Relations Act. Buildi
