NJ Considers Law to Require Union Contractors on Public Works

The New Jersey Legislature is considering a bill that would have the impact of requiring that all contractors on public works projects be union contractors.

The provisions of the bill would mandate that all contractors and subcontractors on public works projects to participate in an apprenticeship program for each trade or classification in which they employ craft workers.

Because unions are the primary sponsors of such apprenticeship programs, the bill would require non-union contractors to sign collective bargaining agreements in order to bid on public projects - in practice, a backdoor Project Labor Agreement (PLA) requirement.

Under the guise of construction workforce development and protection of worker safety, this legislation is an example of efforts by organized labor throughout the nation to eliminate non-union competition. Government agencies should resist such efforts that have the impact of limiting competition on public works projects and increasing costs. All contractors, regardless of whether they are union or non-union, should have the ability to bid on public projects.

For a brief article with more details on the subject, visit the website of Fox Rothschild LLP, a law firm.

To read a copy of the proposed New Jersey legislation, Assembly Bill 4305, click here.

In Washington State, legislation has been expanded over a number of years and now requires various public agencies in the state to require that 15% of the labor hours on public works projects over $1 million be performed by apprentices enrolled in a state approved apprenticeship and training program. RCW 39.04.320 affects the state department of transportation, the state department of general administration, all school districts, and all universities and colleges.