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JOHN T. CALLAHAN & SONS, INC. v. CITY OF MALDEN

430 Mass. 124 (1999)

JOHN T. CALLAHAN & SONS, INC., & others v. CITY OF MALDEN & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 22, 1999.

Attorney(s) appearing for the Case

Edward F Vena for the plaintiffs.

William G. Meserve (Richard J. Lettieri with him) for city of Malden.

Donald J. Siegel for the intervener.

James L. Rudolph, James S. Singer, & Gustavo A. del Puerto for Associated Builders and Contractors of Massachusetts, Inc., amicus curiae, submitted a brief.

James A. Sweeney, Assistant Attorney General, for the Commonwealth, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

At issue in this case is whether the competitive bidding statute, G. L. c. 149, § 44, permits the city of Malden (city or Malden) to require all successful bidders on a public works project to sign a project labor agreement (PLA) as a condition of being awarded a contract.

The plaintiffs, seven nonunionized contractors who object to the requirement that they abide by the PLA negotiated between the city and numerous unions, filed suit in the...

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