Federal judge tosses Bush ban on project labor agreements

In what labor called ‘a great and sweeping victory’ for construction workers, their ability to gain living wages and their unions, a federal judge on Nov. 6 threw out President George W. Bush’s ban on future project labor agreements on federally funded construction contracts.

Agreeing with the AFL-CIO Building and Construction Trades Department, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia said Bush’s ban violates the Constitution and the National Labor Relations Act.

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‘The administration was attacking unions and our way of doing business,’ said a jubilant Edward C. Sullivan, the department president.

‘The judge’s decision is a proper reading of the law. We are pleased the court ruled in favor of working families’ in saying Bush’s order violates the NLRA, he added.

Bush’s original executive order in January banned all PLAs on all federal construction. It followed lobbying by his handpicked GOP national chairman, Virginia Gov. James Gilmore.

Gilmore didn’t want PLAs on his state’s small share of the $2.4 billion Woodrow Wilson Bridge project. Neither did non-union construction contractors, who were big givers to Bush’s presidential primary campaign.

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Those contractors ‘want to drive down wages and benefits’ for construction workers, BCTD President Sullivan said.

Labor-backed Maryland Gov. Parris Glendening had already agreed to PLAs for his state’s overwhelming share of the bridge’s cost. Bush’s original order would have stopped Glendening, too. But under pressure from GOP moderates, Bush changed his order on Feb. 17 to ban only future PLAs.

Judge Sullivan threw out Bush’s revised, second order, saying Bush ‘lacked the requisite authority’ for it, and that it was ‘pre-empted in its entirety by the NLRA.’ The judge explained Bush’s ban violated constitutional rights of unions, states and construction contractors to make their own agreements.

BCTD President Sullivan noted PLAs benefit workers, contractors and governments by setting definite construction conditions and requirements on issues such as wages, benefits, work rules and job safety. ‘They are a proven and just method to manage construction labor relations,’ he said.

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This article was written by Press Associates, Inc., news service. Used by permission.

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