January 31, 2003—A recent decision by the U.S. Supreme Court upholds presidential executive order 13202, ensuring that there are no mandatory project labor agreements on federally funded or federally assisted construction projects.
The U.S. Supreme Court denied certiorari in the case: Building and Construction Trades Department, AFL-CIO et al., v. Joe M. Allbaugh, Director, Federal Emergency Management Agency, et al., upholding a U.S. Court of Appeals for the District of Columbia Circuit decision which upheld President Bush’s executive order 13202.
“This decision ensures a neutral government position and full and open competition in the federal contracting process,” said Eddie Rispone, national chairman of the Associated Builders and Contractors, which opposes project labor agreements.
In April of 2001, the AFL-CIO Building and Construction Trades Department and others sued to bar enforcement of the executive order. In August 2001, a federal judge in the District of Columbia ruled in favor of the AFL-CIO’s position. In November 2001, the Justice Department appealed this decision. ABC, joined by a broad coalition of business organizations, filed a friend-of- the-court brief in opposition to the AFL-CIO. In July 2002, the U.S. Court of Appeals for the DC Circuit overturned the lower court and upheld the Bush executive order. In October 2002, the AFL-CIO challenged this decision. The U.S. Supreme Court announced that it denied certiorari, upholding the Court of Appeals decision regarding the president’s executive order.
For more information, contact ABC.
