New York Court of Appeals

In the Matter of New York State Chapter, Inc., Associated General Contractors of America v. New York State Thruway…

March 28, 199688 N.Y.2d 56

Summary

The Court held that a Project Labor Agreement (PLA) is permissible for a public construction project when the agency demonstrates that the PLA advances the interests underlying New York’s competitive bidding statutes; the Thruway Authority satisfied this burden and its PLA was upheld. Conversely, the Dormitory Authority failed to show such justification, so its PLA was invalidated. A dissent argued that both PLAs should be prohibited absent explicit legislative authorization.