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NY GEN CONTRS v. THRUWAY AUTH

167 Misc.2d 572 (1994)

642 N.Y.S.2d 756

In the Matter of New York State Chapter, Inc., Associated General Contractors of America et al., Petitioners, v. New York State Thruway Authority et al., Respondents, and Local 40, International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, et al., Intervenors-Respondents.

Supreme Court, Albany County.

August 26, 1994

Attorney(s) appearing for the Case

Bryant, O'Dell & Basso, Syracuse (Roger H. Basso of counsel), for petitioners. G. Oliver Koppell, Attorney-General, New York City (Anne Buckborough of counsel), and Bond, Schoeneck & King, Syracuse (Robert W. Kopp of counsel), for respondents. Colleran, O'Hara & Mills, Garden City (Edward J. Groarke of counsel), for Local 40, International Association of Bridge, Structural & Ornamental Iron Workers, AFL-CIO, intervenor-respondent. Plunkett & Jaffe, P. C., Albany (John S. Harris of counsel), for New York State Building & Construction Trades Council, intervenor-respondent. Mudge, Rose, Guthrie, Alexander & Ferdon, New York City (Paul G. Burns of counsel), for Allied Building Metal Industries, Inc., intervenor-respondent.

HAROLD J. HUGHES, J.

The petitioners will be granted a judgment annulling Resolution No. 4445 adopted by the New York State Thruway Authority on May 17, 1994, and declaring that the Thruway Authority's inclusion of the prehire Project Labor Agreement (PLA) into the bid specifications of this public improvement project violates the competitive bidding requirement of subdivision (1) of section 359 of the Public...

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