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February 17, 2010

New Champlain Bridge could see lawsuit

[-BULLET-] Group cites project labor agreement as possible sticking point

By LOHR McKINSTRY

CROWN POINT — A trade organization representing nonunion contractors is threatening to delay the Champlain Bridge project with a lawsuit.

The New York State Associated General Contractors group says the use of a project labor agreement, or PLA, for the $75 million bridge-replacement project could result in a lawsuit that might delay construction by several months.

The Empire State Chapter of Associated Builders and Contractors says it hasn't ruled out legal action, either.

The project is due to go to bid in April, with work projected to start this spring. A new bridge would open in late summer 2011.

General Contractors President A.J. Castlebuono said he believes the State Department of Transportation has recommended a labor agreement for the Champlain Bridge project after the DOT received a report from a private firm hired to do a study on the issue.

DOT officials won't say what they've recommended, but a draft report prepared by Arace Associates of White Plains has been sent to the Federal Highway Administration for approval.

The Federal Highway Administration will pay for 80 percent of the bridge construction costs, with New York and Vermont each paying 10 percent.

The Champlain Bridge connecting Crown Point and Addison, Vt., was closed Oct. 16 due to severe cracks in its concrete pillars and was destroyed by controlled explosives Dec. 28. A temporary ferry began running Feb. 1 next to the bridge and will operate until a new span is built.

The courts have said a feasibility study is necessary to justify a project labor agreement. Castlebuono is planning to challenge the credibility of the Arace study in court, if it recommends a labor agreement.

Empire State Chapter of Associated Builders and Contractors President Rebecca Meinking said in a news release that a labor agreement effectively prevents nonunion firms from bidding on a project.

"This area of New York state, Essex and Washington counties, and the state of Vermont, are largely served by nonunion contractors," she said in the release.

"More than 70 percent of the construction workforce in this area of New York and 95 percent of Vermont's construction workers do not belong to a construction labor union, according to government data."

Meinking said Tuesday that her group might also litigate against a project labor agreement.

"We at ABC are considering all of our options in fighting to keep a PLA off of this project and have not ruled out legal action if that is necessary. We are hopeful that our elected officials will ultimately do the right thing and maximize the accountability to the taxpayers and the benefit to the entire local construction workforce by bidding this project without a PLA."

The Vermont delegation of Sens. Patrick Leahy (D-Vt.) and Bernie Sanders (I-Vt.) and Rep. Peter Welch (D-Vt.) has issued a statement disagreeing with the accusation that labor agreements discourage competition.

"These agreements will not prevent any Vermont contractor from successfully bidding on this project," the statement said. "We stand committed to putting Vermonters to work at decent paying jobs."

The letter said project labor agreements set only wages, benefits and safety standards, and that nonunion firms can still bid. The nonunion trade groups say such agreements require paying union wages or hiring union members.

Luck Brothers Inc. of Plattsburgh is a nonunion contractor opposed to project labor agreements.

"Like the Global Foundries chipfab plant in Malta, a PLA on the Champlain Bridge project will guarantee that labor is imported from far away since there isn't enough local union labor to meet the ambitious time schedule on the bridge," owner Ted Luck said in a release.

"Proponents say they want to insure local labor is working on the bridge when exactly the opposite will occur. Why should my employees at Luck Brothers be denied the right to participate in this project just because they are nonunion?"

The Federal Highway Administration is expected to make its decision by the end of the month on whether to use a project labor agreement for the new Champlain Bridge.

E-mail Lohr McKinstry at: lmckinstry@pressrepublican.com

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