Following the Commonwealth Court of Pennsylvania’s Jan. 11 decision to the state Department of Transportation’s project labor agreement mandate for the Markley Street reconstruction project, PennDOT of the decision on March 7.

In August 2017, PennDOT issued a solicitation that contained a PLA requirement on the second phase of the Markley Street project, which would have required bidders to hire from designated union halls rather than use their own employees.

After public opposition to the requirement and PennDOT issuing a revised PLA mandate in December 2017, ÀÏÅ£Ó°ÊÓmembers and filed suit, challenging PennDOT’s demonstration of discriminatory bidding practices.ÌýÌý

Nearly two years after the suit was filed, that PennDOT’s PLA mandate violated the state’s competitive bidding laws and discriminated against nonunion contractors, resulting in a victory for Allan Myers and J.D. Eckman and merit shop contractors throughout Pennsylvania.

PennDOT with the Pennsylvania Supreme Court in mid-February but shortly withdrew their appeal less than one month after filing. PennDOT did not release a statement on their decision not to seek an appeal.Ìý

PLA mandates discriminate against the nationwide who choose not to join a union. In Pennsylvania, just 21.7 percent of the construction workforce is unionized. Research has also found PLA mandates can increase construction costs by 12 percent to 18 percent, resulting in fewer infrastructure projects and reduced construction industry job creation.