GEORGE HARMS CONSTRUCTION CO., INC., A NEW JERSEY CORPORATION, RONNIE ALLEN, CARLOS ALVAR, DAVID BADER, CHRISTINE BALIKO, WILLIAM MCMULLAN AND BRUCE ROBERTSON, APPELLANTS-APPELLANTS,
v.
NEW JERSEY TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC, RESPONDENT-RESPONDENT.
IN THE MATTER OF THE ADOPTION OF A RESOLUTION BY THE NEW JERSEY TURNPIKE AUTHORITY REQUIRING CONTRACTORS TO ENTER INTO PROJECT AGREEMENTS WITH LABOR UNIONS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 31, 1994.
Decided July 7, 1994.
Attorney(s) appearing for the Case
Theodore W. Geiser argued the cause for appellant George Harms Construction Co., Inc. (Connell, Foley & Geiser and Grotta, Glassman & Hoffman, attorneys; Mr. Geiser and Theodore M. Eisenberg, of counsel; Mr. Geiser, John F. Neary, Vincent E. McGeary, Guy T. Lytle, Michael Barabander, and Mark E. Tabakman, on the briefs).
Morris M. Schnitzer argued the cause for appellants Ronnie Allen, Carlos Alvar, David Bader, Christine Baliko, William McMullan and Bruce Robertson.
Steven E. Brawer argued the cause for appellant Utility & Transportation Contractors Association of New Jersey, Inc. (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys).
Jeffrey J. Greenbaum argued the cause for respondent, New Jersey Turnpike Authority (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Greenbaum and Clive S. Cummis, of counsel; Mr. Greenbaum, Kenneth F. Oettle, Mark S. Olinsky, and Paul P. Josephson, on the briefs).
Vincent J. Apruzzese argued the cause for amicus curiae United States Chamber of Commerce (Apruzzese, McDermott, Mastro & Murphy, attorneys; Mr. Apruzzese, Francis A. Mastro, and Daniel F. Crowe, on the brief).
Christine Piatek, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).
Michael J. Herbert submitted a brief on behalf of amici curiae American Road & Transportation Builders Association, The New Jersey Asphalt Pavement Association, and The National Utility Contractors Association (Picco, Mack, Herbert, Kennedy, Jaffe & Yoskin, attorneys; Mr. Herbert, Patrick D. Kennedy, and Gregory J. Sullivan, of counsel and on the brief).
Frederick J. Rohloff and John C. Connell submitted a brief on behalf of amici curiae The Associated Builders and Contractors, Inc., Associated Builders and Contractors of New Jersey, and Associated Builders and Contractors of Northern New Jersey (Archer & Greiner, attorneys).
Richard D. Wilkinson submitted a brief on behalf of amicus curiae National Constructors Association (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Robert W. Kopp, a member of the New York bar, of counsel).
Michael Critchley submitted a brief on behalf of amici curiae New Jersey State Building and Construction Trades Council and Building and Construction Trades Department, AFL-CIO.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
This appeal presents the question of whether a State agency has the power to require a contractor doing business with it to enter into a "project labor agreement" with designated unions. A "project labor agreement" is a form of prehire agreement with labor organizations under which a contractor agrees to use the members of specified labor organizations on a project in exchange...
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