A common and enduring complaint of the political Left is that constitutional structures established in the country’s republican form of government hinder progress and subvert the democratic will of the people.

According to such thinking, those constitutional structures need to be reformed and modernized so that government can be more “democratic.” A few astute political observers in California have noticed that unions and their political allies are advancing strategies at the state and local government levels that effectively chip away at checks and balances inherent in the structure of American constitutional government.

One example is the end of public deliberation and votes for Project Labor Agreements in the legislative branch of state and local governments. Instead, backroom deals are made in the executive branch to give unions control of the work.

In the past year, Project Labor Agreements have been imposed on four large publicly-funded construction projects without any public deliberation or votes. In some cases, the public has been denied access to the Project Labor Agreement.

1. San Diego County New Central Courthouse
Judicial Council of California – Administrative Office of the Courts
May 2013
$560 million in public funds

San Diego County New Central Courthouse Project Labor Agreement

No formal public discussion or vote on it. Repeated requests at Judicial Council meetings and to Administrative Office of the Courts staff for a public vote have been futile.

How Project Labor Agreement was implemented:

Background:

  • Judicial Council of California Imposes Project Labor Agreement on San Diego Courthouse – www.UnionWatch.org – June 8, 2013
  • Courthouse to be Built Under Labor Pact – San Diego Union-Tribune – June 7, 2013
  • I’ve Failed So Far in Seeking the Project Labor Agreement from the California Administrative Office of the Courts for the New San Diego Central Courthouse – www.LaborIssuesSolutions.com – July 10, 2013
  • Not Accountable for Project Labor Agreement – Until Now: Mailers Inform Judges About Union Deal of Administrative Office of the Courts – www.LaborIssuesSolutions.com – June 24, 2013
  • Coalition for Fair Employment in Construction to Hold Press Conference – June 20, 2013 at 11:00 a.m. – Condemning San Diego Courthouse Project Labor Agreement – www.LaborIssuesSolutions.com – June 20, 2013
  • Union Quest for Project Labor Agreements from Judicial Council of California and Administrative Office of the Courts Succeeds with San Diego County Central Courthouse  – www.LaborIssuesSolutions.com – June 8, 2013
2. San Diego Convention Center Phase 3 Expansion
City of San Diego
November 2012
$520 million in public funds

San Diego Convention Center Phase 3 Expansion Project Labor Agreement

No formal public discussion or vote on it. Appears to be a violation of a voter-approved city ordinance prohibiting the city from entering into contracts that require companies to sign Project Labor Agreements.

How Project Labor Agreement was implemented: Secret Deal between Mayor and Union Official to End Union Lawsuit and CEQA Objections to San Diego Convention Center Phase 3 Expansion

Lawsuit filed by Coalition for Fair Employment in Construction to get Project Labor Agreement after repeated rejections of public records requests: Coalition for Fair Employment in Construction v. City of San Diego

Background:

3. California High-Speed Passenger Train – First Construction Segment (Madera to Fresno)
California High-Speed Rail Authority
December 2012
$985 million in public funds

California High-Speed Rail Project Labor Agreement (Community Benefits Agreement) 2012

No formal public discussion or vote on it. Repeated requests at California High-Speed Rail Authority meetings for a public vote have been futile.

Bid specifications require prime contractor to sign Project Labor Agreement, so there is a government mandate to sign it.

California High-Speed Train Project – Request for Proposal for Design-Build Services

Background:

4. New Sacramento Kings Arena (Entertainment and Sports Center)
City of Sacramento (Public-Private Partnership)
September 2013
$448 million (includes $258 million in public funds

No formal public discussion or vote on it. Public does not have access to Project Labor Agreement. A proposal circulates to release the Project Labor Agreement to the public and have the Sacramento City Council vote on it.

Eight Steps to Possibly Alleviate Taxpayer and Contractor Outrage about the Backroom Deal for a Project Labor Agreement on Construction of the Sacramento Kings Arena

Background:


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

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