Untitled Texas Attorney General Opinion
GA-0858
| Tex. Att'y Gen. | Jul 2, 2011Background
- Attorney General received a request from the Texas House Judiciary Committee about section 271.121, Local Government Code and project labor agreements (PLAs).
- PLA is defined as a multi-employer, multi-union pre-hire agreement to systemize labor relations at a construction site.
- Section 271.121 applies to a governmental entity when procuring goods or services, awarding contracts, or overseeing public works.
- Statute prohibits considering vendor membership/relationships with organizations and requires bid specs/contracts not to deny the right to work based on those relationships.
- The opinion analyzes whether terms of a PLA could violate section 271.121, depending on the actual terms of the PLA.
- The opinion signals potential federal preemption if section 271.121 were read to flatly prohibit PLAs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 271.121 prohibit PLAs outright? | Not applicable in this format; plaintiff would assert PLA use might violate §271.121. | 271.121 may not expressly prohibit PLAs; prohibition depends on terms. | Plaintiff's view not conclusively held; depends on terms of the PLA. |
| Can PLA terms violate §271.121(b)? | PLA terms could breach non-discrimination or right-to-work protections. | Many PLAs may comply if terms do not discriminate based on union membership or relationships. | Plaintiff and defendant: depends on the PLA's specific terms; fact questions involved. |
| Would the terms of a PLA be a fact question requiring investigation? | Investigative inquiry required to determine compliance. | Evaluation of terms is a fact-specific process beyond the opinion's scope. | Yes, it is a fact question requiring investigation. |
| Would a flat prohibition on PLAs raise federal preemption concerns? | A flat ban could be preempted by NLRA considerations. | Preemption concerns arise if statute itself would outright prohibit PLAs. | Potential preemption if construed as a flat prohibition; depends on interpretation. |
Key Cases Cited
- Bldg. & Constr. Trades Dep't, AFL-CIO v. Allbaugh, 295 F.3d 28 (D.C. Cir. 2002) (defines PLA and discusses pre-hire agreements on construction sites)
- N.Y. State Chapter, Inc. v. N.Y. State Thruway Auth., 666 N.E.2d 185 (N.Y. 1996) (defines PLA as pre-bid agreement establishing union representation)
- Lombardi v. Smithfield, 11 A.3d 1180 (Del. 1989) (illustrative citation structure example)