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Federal Judge Upholds Construction Workers’ Rights in Idaho

 

January 17, 2012

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A federal judge threw out two anti-worker bills earlier this month that restricted the rights of Idaho construction unions and signatory contractors.

 

The judge, B.Lynn Winmill, ruled that the legislation – the Open Access to Work Act and the Fairness in Contracting Act, both passed last year by the state legislature – violated federal labor law and the right of contractors and local officials to bargain freely.

The Open Access to Work Act banned project labor agreements that required union workers as a condition to winning a government contract.

Winmill wrote in his ruling that:

The act skews those forces [of free competition] by robbing unions of the opportunity to even seek a project labor agreement on a public works project.

The Fairness in Contracting Act prohibited signatory contractors from using union contributions to subsidize wages, a common practice that helps them submit more competitive bids.

The Republic newspaper reports:

Winmill said [the act] is invalid because it would bar programs that are protected under the National Labor Relations Act.

The Idaho Building and Construction Trades Council filed suit against the state over the laws.

The anti-union Associated Builders and Contractors announced it would appeal the decision to the 9th U.S. Circuit Court of Appeals. 

 

Photo used under a Creative Commons License from Flickr user s_falkow