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Master Builders of Iowa, Inc. v. Polk County
653 N.W.2d 382 (Iowa 2002) ; Clearinghouse Number: 55038
Description
Iowa Supreme Court Upholds Legality of Project Labor Agreement for Public Works Project
Abstract
The Iowa Supreme Court rejected a challenge by builder and
contractor associations to a project labor agreement that county
board of supervisors adopted to govern construction of a
large-scale public works project. The agreement set the terms of
labor relations for the contractor’s work on the project.
Plaintiffs claimed that the agreement violated the state’s
right-to-work and competitive bidding laws, was preempted by the
National Labor Relations Act and Employee Retirement Income
Security Act, and violated various constitutional rights. The court
found that the agreement did not violate the right-to-work act
because the agreement did not require employees to join a union; no
evidence showed that the alleged “union hiring hall”
had or would discriminate against nonunion members; and the
agreement prohibited discrimination based on union membership. The
state’s competitive bidding statute, which called for the
award of a public improvements contract to the lowest responsible
bidder, did not forbid the agreement, the court held, because the
law gave board discretion to define “responsible
bidder” as one who would work under the conditions of the
agreement. The federal statutes did not preempt the agreement
because, when board adopted the agreement, board acted in a
proprietary, not a regulatory mode. Board’s public meetings
before the agreement’s adoption and access to the courts
afforded plaintiffs the notice and opportunity to be heard that due
process required, the court held. Since the agreement was
rationally related to a legitimate government interest and
plaintiffs presented no evidence of discrimination based on union
status, the agreement did not violate the equal protection
guarantee. Disagreeing with plaintiffs’ claim that their
right to free association was violated, the court held that the
agreement did not force nonunion contractors to affiliate with
union contractors or coerce prounion expression.
