Luck Bros. loses PLA lawsuit

A court has ruled in favor of Clinton County in a dispute over a Project Labor Agreement for work at Plattsburgh International Airport.

In his ruling, New York State Supreme Court Judge Mark L. Powers said the PLA did not harm the local construction company that filed suit.

Luck Brothers Inc., a Plattsburgh construction company, sued the county for implementing a PLA for $42 million worth of work at the airport.


The county received state and federal funds for the projects and agreed to apply a PLA after strong urging from the state, which supplied $38 million of the $42 million.

The PLA calls for two union construction workers for every one non-union worker.

'IMPENETRABLE BARRIER'

Luck Brothers, a non-union shop, argued that a PLA is discriminatory against non-union shops and that it put them at a great disadvantage when contemplating bidding for project work.

In its lawsuit in State Supreme Court, Luck Brothers, whose litigation was backed by the national Associated Builders and Contractors, said the PLA was a hurdle they couldn't clear.

"Standing is claimed because the PLA requirement imposed an impenetrable barrier for a non-union, open shop contractor," the court papers said.

"The Petitioners (Luck Brothers) allege that to bid as a non-union shop, they would have had to abandon the majority of their existing workforce in favor of workers from a union; they would have had increased costs due to a lack of knowledge and familiarity of an outside workforce; they would not have been able to meet minority and women-owned business enterprise goals as such entities are usually non-union; and that imposition of a PLA would deprive a non-union shop contractor of their status, subjecting it to the risk of unionization."

'NO STANDING'

The ruling from Powers said that since Luck Brothers did not bid on any of the projects, they were not harmed and therefore had no standing to sue.

"The failure to submit a bid precludes Petitioners here from challenging the adoption of the PLA," the ruling said."

And so the petition was dismissed.

"We thought it might go this way," Jeff Luck, of Luck Brothers, said Monday.

"We will have to sit down with ABC and see what we want to do next."

REVIEWING PROPOSALS

The county has awarded one bid for airport work to a Connecticut firm for demolition of five buildings.

Two bids were received from firms outside the area for a job to renovate two nose docks. The county is still reviewing those proposals.

Murnane Contractors of Plattsburgh was the lone bidder on a job to renovate eight buildings. The county is also still reviewing that bid.

Legislator Robert Hall (D-Area 10, City of Plattsburgh) who chairs the county's Airport Committee, said he was pleased the court ruled in favor of the county.

"This is good for the county because we have to keep this project going forward," he said.

COULD STILL BID

Hall said he hopes Luck Brothers changes its mind about trying to win some of the jobs.

"I really do hope that Luck Brothers bids on some of these contracts," he said.

One of the upcoming projects is a $3 million paving job of the airport parking lot.

Hall said Luck Brothers, a company with extensive paving experience, would be well suited for the work.
"If they bid for that job, it would not surprise me if they got it," he said.

NO DELAY

County Administrator Michael Zurlo said the county was able to continue seeking bids for the airport work despite the lawsuit because there was no stay ordered by the court.

"We are very pleased with the court ruling, and we will continue to move forward on these projects that will benefit not only the traveling public, but the industrial side of airport operations," he said.

Source: Press Republican