The State Supreme Court upheld the bridge commission's labor agreement to build Scudder Falls bridge.
New Jersey Supreme Court Justices said a bi-state toll commission was in the right when its policies barred a contractor from bidding on a contract to build the massive Scudder’s Fall bridge replacement that carries I-295 over the Delaware River between New Jersey and Pennsylvania.
The original suit filed by George Harms Construction Company, challenged the use of a PLA because its employees were represented by a union that wasn’t part of the agreement, which precluded the company from bidding on the bridge project. In 2023, the appellate judges based their decision on the fact that while New Jersey has a state law about the use of PLA’s, Pennsylvania does not. The 90-year old compact that created the bi-state commission has no language requiring or prohibiting PLA use. Based on that, the judges said the commission had no legal basis to require use of a PLA.
After a consultant’s study, the commission decided to use a Project Labor Agreement and identified two local building and construction trades councils and their affiliated local unions: the Mercer-Burlington Counties and Vicinity Building Trades Council, AFL-CIO; and the Building and Construction Trades Council of Philadelphia and Vicinity, AFL-CIO.
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