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Construction Law

: Michigan Construction Law

Federal Lawsuit Challenges Legality of Michigan's New PLA Legislation (PA 98)

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Not unexpectedly, a federal lawsuit was filed on August 11, 2011 challenging the legality of the ?Fair and Open Competition in Governmental Construction Act? (PA 98 of 2011). As we reported last month (here), PA 98 prohibits most project labor agreements.

The Michigan Building and Construction Trades Council (AFL-CIO) and Genesee, Lapeer, Shiawassee Building and Construction Trades Council (AFL-CIO) filed suit in U.S. District Court against Michigan Governor Rick Snyder.

Plaintiffs seek a declaratory judgment that PA 98 (a) is preempted under the Supremacy Clause; (b) violates the National Labor Relations Act; and (c) violates the Contracts Clause of the U.S. Constitution.

The case is pending in U.S. District Court, Eastern District of Michigan, Case No. 11-cv-13520 before the Honorable Victoria A. Roberts.

(Hat-tip: Courthouse News Service).

Full post as published by Michigan Construction Law on August 22, 2011 (boomark / email).