Soon I will introduce legislation to ensure all contractors have an opportunity to bid on public works projects in Pennsylvania. The Freedom in Public Contracting Act will ensure that all contractors have an opportunity to bid without discriminatory conditions that unjustly favor a select few.

This legislation would prohibit government entities from requiring a project labor agreement (PLA) or contractor participation in apprenticeship programs as a condition for performing public works. It also makes it unlawful for government entities to consider a contractor’s union status or participation in apprenticeship programs as part of the selection criterion for awarding a public project. These procurement policies intentionally stifle competition by favoring union shops over nonunion, merit shop contractors, discriminating against the nearly 90% of construction workers who have decided not to join a union.

As an example of why this legislation is needed, in December 2022 the Reading City Council adopted a responsible contractor ordinance requiring contractors who want to bid on city contracts to participate in apprenticeship programs registered with the federal or state government. The ordinance effectively precluded numerous contractors that the City of Reading has successfully used for past projects only because the contractor utilizes its own high-quality training and safety program, not a union-sponsored one. In an ironic twist, the city was recently forced to waive its responsible contractor ordinance to attract bidders that could complete a project under a strict deadline, proof that such requirements are counterproductive.

The Shapiro Administration is also implementing these discriminatory policies. Despite a 2019 Commonwealth Court decision against PennDOT’s use of a PLA as a violation of Pennsylvania’s competitive bidding laws except in “extraordinary circumstances,” the governor in April 2024 directed all commonwealth agencies under his jurisdiction “to examine all contract solicitations to determine if the use of PLAs is appropriate” based upon highly subjective criteria: “particular need and urgency; complexity of the project; lack of available qualified labor.” One need only consider the previous Reading example to see the absurdity of this policy—if you are trying to get a project completed urgently, why would you exclude potential bidders who can do the job? It’s no coincidence the governor’s announcement of this legally dubious directive was made at a union-affiliated training center and emphasized the quality work done by organized labor.

Union shop contractors who can fulfill the project requirements should absolutely be able to bid on public works. So should merit shop contractors whose employees are not unionized, and they shouldn’t first have to agree to government-imposed terms that force them to use union labor or contribute to union activities. To borrow the governor’s expression, nonunion contractors and their employees deserve the “real freedom” to bid and compete, not be denied opportunity simply because they don’t have a union card.

The Freedom in Public Contracting Act would guarantee that all qualified contractors can compete for public contracts and that taxpayers get the best price and contract terms through an open and fair procurement process.

Please consider co-sponsoring this legislation.