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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?

To: Mr. Whist who wrote (283476)	8/4/2002 9:02:59 PM
From: jlallen	Read Replies (1) \| Respond to of 769670

Speaking of hope.... Nonunion workers win victory A judge nixes Brockton's plan to use only union labor on a school renovation job. > By Elaine Allegrini > ENTERPRISE STAFF WRITER > > BROCKTON - A judge has thrown out the city's attempt to shut nonunion contractors out of a $6 million school renovation project and ordered the project to be rebid. The project labor agreement (PLA) adopted by the city for renovations to South Junior High School is illegal, according to Wednesday's ruling by Brockton Superior Court Judge Nonnie E. Burnes. Bids for the $3.5 million electrical-mechanical components of the project were to be opened this morningThursday. Subcontractors' bids have already been accepted. The ruling stops the process, invalidates the bids already accepted and puts the project back a month, according to city officials. Nonunion contractors filed the court action last week to protest their exclusion from the project, based on a Supreme Court decision that a PLA cannot be used for a single-structure project of less than $10 million. "We're thrilled with what the decision means for Brockton taxpayers,"said Kyle Meleski, spokesman for Associated Builders and Contractors Inc., which represents nonunion contractors. "We're hoping and believing this will set a precedent in construction for Brockton and across the state. It says open competition is best for everybody involved." Larry Allen, executive director of Merit Construction Alliance, representing nonunion contractors, said the ruling applies only to the renovation project, but leaves the door open for other city and school construction projects. He expects many nonunion contractors to bid on the South Junior High renovations. A PLA is not only bad policy, said ABC President Gregory F. Beeman, but it makes no sense on a small job. At a hearing in Brockton Superior Court Monday, Assistant City Solicitor Mark Adams argued that the South Junior High School renovations were part of a program to renovate one school and build three new schools for kindergarten through grade 8. Attorney Christopher Whitney, representing three Weymouth contractors, said the four projects were unrelated. Funding is not yet in place for construction of the three new buildings that Adams said were part of the package, he added. The ruling sets back the project that was delayed once before when no bids were received in June. School officials said they are hoping the boilers that provide heat at South Junior High School will last another season. Although the boilers were initially expected to be replaced this summer, the first delay already pushed that part of the project back to next summer, according to a school official. Adams said the ruling was disappointing. City lawyers were reviewing their options. The city is unlikely to appeal the ruling, Mayor John T. Yunits Jr. said Wednesday, noting the decision would further delay the project. "We'll have everything ready to rebid this week," he said. "We do have to get this job going." The asbestos abatement portion of the project has already been awarded. It did not have a PLA. Yunits defended the PLA and denied it would have shut out nonunion contractors. "On this job and all schools, it makes a lot of sense," the mayor said. "The South Junior High project is both a time-sensitive job and high-skill job. What it said was new hires had to be out of the (union) shop. "I'm not going to second-guess the judge," he continued. "It probably would have saved us money." The PLA would have saved the city money and guaranteed the job would be completed on time, Yunits said. "It ensures that we get quality labor in there and not some fly-by-nighter from New Hampshire who comes down here to do a job," he added. Elaine Allegrini can be reached at allegrini@enterprisenews.com >