Victory in Court for Merit Shop Contractors

Date: August 06, 2014

NFIB has fought legislation that would
impose apprenticeship programs on small non-union construction companies and
eliminate them from competition for public construction projects. Recently, the
U.S. Court of Appeals for the First Circuit has upheld the U.S. District Court
decision that invalidated local ordinances in Fall River and Quincy, MA that
sought to require a company conduct an approved apprenticeship program to be
eligible for public works projects.

This decision is important to taxpayers
because it assures that the bidding process for public construction jobs will
be fully competitive. Since most construction companies are small open shops,
this ruling assures that many more firms are eligible to bid. Big Labor will
undoubtedly attempt to legislate away competition on public projects again in
the 2015-16 session of the General Assembly and we will oppose them. But this
ruling helps level the playing field for small businesses seeking government
contracts.

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