Cleveland, Ohio (May 9, 2002) — The National Right to Work Legal Defense Foundation filed an amicus curiae brief with the Ohio Supreme Court in support of the Open Contracting Act, a state law that bans the use of union-only contracts, or project labor agreements (PLAs), on government construction projects.

After the law was passed, in July 1999, union lawyers sued the Cuyahoga County Board of Commissioners in an attempt to overturn the legislature’s decision and retain forced unionism on all state construction projects.

In their “Friend of the Court” brief, Foundation attorneys argue that the state legislature acted within its rights, under the National Labor Relations Act (NLRA), to pass a law prohibiting a form of compulsory unionism. The appellate court used these very arguments to uphold the law.

“It is wrong for the government to support a scheme that bilks taxpayers out of millions of dollars and deprives employees of their basic right to choose whether or not to affiliate with a union,” said Foundation Vice President Stefan Gleason. “PLAs are nothing more than a shakedown — union officials use them to demand taxpayer handouts and government-granted special privileges in exchange for not ordering strikes or causing other disruptions.”

A PLA is a scheme that requires all contractors, whether they are unionized or not, to subject themselves and their employees to unionization in order to work on government-funded construction projects. PLAs usually require contractors to grant union officials monopoly bargaining privileges over all workers; use exclusive union hiring halls; force workers to pay dues as a condition of employment; and pay above-market prices resulting from wasteful work rules and featherbedding.

In October 1999, a trial court permanently enjoined enforcement of the law. In reviewing the statute, an Ohio appellate court reversed the lower court’s decision and ruled that the NLRA does not prohibit states from banning discriminatory, union-only PLAs, on government construction projects. The Foundation participated as amicus curiae in the Court of Appeals, and raised the issue of a state’s right under the NLRA to prohibit PLAs.

In February 2002, the Ohio Supreme Court accepted jurisdiction over the case, and oral arguments will be heard later this year.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.