Life Just Got More Difficult for the MWAA

A bill filed Monday by Delegates Tim Hugo, R-Centreville, and Barbara Comstock, R-McLean, aims to prohibit state agencies from forcing bidders, contractors or sub-contractors to abide by a labor union agreement as a condition for participating in a public works project.

HB 33 is clearly targeting the Metropolitan Washington Airports Authority (MWAA) decision to require bidders on Phase 2 of the Rail-to-Dulles project to sign a Project Labor Agreement (PLA). Word of the bill was disseminated by the Virginia chapter of the Associated Builders and Contractors, an open-shop trade association, along with a press release expressing support.

The bill would make it difficult for a state agency to “issue grants” or “provide financial assistance” to any entity requiring a labor agreement. The McDonnell administration is asking the General Assembly to appropriate an additional $150 million state contribution — presumably to be routed through the Department of Rail and Public Transit — to finance construction of Phase 2 of the Metrorail extension. As the entity in charge of managing the project, MWAA would be the recipient of the grant.

“Unfortunately, unaccountable political appointees controlled by special interests have been steering taxpayer-funded construction contracts to their political supporters by mandating union-favoring PLAs on projects funded by the state,” said Patrick Dean, president of ABC-VA. “This special interest favoritism has no place in Virginia.”

“If enacted, this measure would prohibit state-assisted construction projects, such as Phase 2 of the multi-billion dollar Dulles Metrorail Silver line project, from mandating unwanted anti-competitive and costly PLAs on contractors,” said Dean. “Why should Virginia’s financial stakeholders pay for the majority of this project when the PLA mandated on the prime contractor by MWAA ensures discrimination against 96 percent of Virginia’s construction workforce – those who have freely decided not to join a union? Local workers will lose jobs to out-of-state union members given hiring priority via the PLA.”

Eleven other states have enacted similar measures, noted Ben Brubeck, ABC National’s Director of Labor and Federal Procurement. “HB 33 allows contractors to voluntarily enter into union agreements like PLAs. Unlike a government-mandated PLA, it gives contractors a real choice, which can only increase competition and help taxpayers get the best possible product at the best possible price.”

— JAB