Opinion No.
Background
- Representative Todd Hunter asked whether Tex. Loc. Gov't Code § 271.121 prohibits a governmental entity from requiring a contractor or vendor to sign a project labor agreement (PLA) as a bid condition.
- PLA is a multi-employer, multi-union pre-hire agreement to systemize labor relations at a construction site.
- Statute § 271.121 concerns right-to-work in procurements, contracts, or public works, prohibiting consideration of organizational membership and ensuring no denial of work based on such membership.
- The opinion notes PLAs are not expressly mentioned in § 271.121 or other Texas law, so they are not per se prohibited.
- Whether a PLA violates § 271.121 depends on its specific terms and may require investigation of facts beyond the opinion process.
- The analysis discusses potential federal preemption concerns if § 271.121 were read as a flat prohibition on PLAs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 271.121 a flat prohibition on PLAs as bid conditions? | Hunter argues § 271.121 prohibits requiring PLA participation. | Abbott's office contends not expressly prohibiting PLAs; depends on terms. | Not expressly prohibited; depends on PLA terms. |
| Can a PLA's terms violate § 271.121's nondiscrimination and right-to-work provisions? | Hunter's view is broad, precluding discriminatory PLA terms. | Abbott's view: terms may violate § 271.121 if they discriminate or diminish the right to work. | Depends on the specific terms; a fact question requiring investigation. |
Key Cases Cited
- Bldg. Constr. Trades Dep't, AFL-CIO v. Allbaugh, 295 F.3d 28 (D.C. Cir. 2002) (discusses PLA concept in federal context)
- Laborers Local No. 942 v. Lampkin, 956 P.2d 422 (Alaska 1998) (PLA terms may be non-discriminatory)
- N.Y. State Chapter, Inc. v. N. Y. State Thruway Auth., 666 N.E.2d 185 (N.Y. 1996) (definition of PLA for purposes of labor relations)
- Ohio State Bldg. Constr. Trades Council v. Cuyahoga Cnty. Bd. of Comm'rs, 781 N.E.2d 951 (Ohio 2002) (NLRA preemption considerations for PLAs)