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CONTRS OF AM v. THRUWAY AUTH.

207 A.D.2d 26 (1994)

In the Matter of New York State Chapter, Inc., Associated General Contractors of America et al., Respondents, v. New York State Thruway Authority et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1994

Attorney(s) appearing for the Case

G. Oliver Koppel, Attorney-General, New York City (Bond, Schoeneck & King, Syracuse [Robert W. Kopp] of counsel), for appellants.

Colleran, O'Hara & Mills, Garden City (John F. Mills, Edward J. Groarke and Carol L. O'Rourke of counsel), for Local 40, appellant-intervenor.

Mudge, Rose, Guthrie, Alexander & Ferdon, New York City (Paul G. Burns and Regina Scinta of counsel), for Allied Building Metal Industries, appellant-intervenor.

Plunkett & Jaffe, P. C., Albany (Louis R. Tomson of counsel), for New York State Building & Construction Trades Council, appellant-intervenor.

Bryant, O'Dell & Basso, Syracuse (Robert H. Basso and Vic J. Kopnitsky of counsel), for respondents.

MIKOLL, J. P., MERCURE, CREW III and YESAWICH JR., JJ., concur.

CASEY, J.

At issue on this appeal is whether respondent State Thruway Authority can, as part of the competitive bidding process on a public construction project, impose a specification which requires the successful bidder to agree to abide by the provisions of a project labor agreement (hereinafter PLA) negotiated and executed by the project construction manager and the various labor unions that have jurisdiction...

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