Skip Navigation
Attorney General Bill SchuetteMichigan.gov
Michigan.gov Home
close print view

Schuette, Moolenaar Announce Appeal to Defend Fair and Open Competition in Governmental Construction

Contact: John Sellek or Joy Yearout 517-373-8060
Agency: Attorney General

March 6,  2012

LANSING  -  Attorney General Bill Schuette and Senator John Moolenaar (R-Midland) today announced the State of Michigan will appeal a ruling by a federal court that overturned the Michigan Fair and Open Competition and in Governmental Construction Act.  The law increases competition and lowers costs to taxpayers by allowing all contractors, regardless of union or non-union affiliation, to have equal access to competitively bid for public construction project contracts. 

"The public contract bidding process should be open and fair," said Schuette.  "Encouraging robust competition and free enterprise will save taxpayer dollars."

"I sponsored Public Act 98 to help ensure a level playing field in the competition for taxpayer-funded construction projects," said Moolenaar, sponsor of the law. "Equal opportunity is a foundation of our economic system, and I thank Attorney General Schuette for standing up for Michigan taxpayers and workers by defending this common-sense law."

Today Schuette filed a notice of appeal on behalf of Governor Rick Snyder to appeal the February 29, 2012 ruling by U.S. District Court Judge Victoria Roberts striking down the law.  Schuette will defend the law before the U.S. Court of Appeals for the 6th Circuit and argue that it is not pre-empted by federal labor laws.  Schuette will also file a motion seeking a stay of the order striking down the law while the appeal moves forward. 

The Michigan Fair and Open Competition in Governmental Construction Act protects taxpayers by allowing all qualified contractors to bid on public contracts and not be otherwise prohibited from doing so under special bidding provisions requiring or prohibiting pre-hiring or project labor agreements (PLAs).  Public contracts would include state, local government, school, college and university construction projects using state tax dollars. 

Ten other states have similar public contracting laws or executive orders in place.  Most recently, in September 2011, Iowa's executive order banning project labor agreements in state-funded construction projects was upheld in federal court on the grounds that it did not violate the National Labor Relations Act.

-30-

Related Content
 •  Schuette Announces $90 Million National Settlement with T-Mobile for Cellphone ‘Cramming'
 •  Schuette Praises Senate Passage of Legislation to Protect Patients
 •  Schuette Statement on Legislature's Lame Duck Passage of Corrections Reforms Bills
 •  Seeking Justice for Fungal Meningitis Victims: Michigan A.G. Schuette Joins Federal Officials for Boston Announcement of Multiple Criminal Indictments Following Investigation of New England Compounding ...
 •  Wyant, Schuette Issue Statement on Enbridge U.P. Pipeline Incident Following Pipeline Task Force Meeting
 •  Schuette: Using Detroit DDA Funds to Develop New Hockey Arena is Constitutional
 •  Schuette: President's Immigration Order Oversteps Constitutional Bounds
 •  Schuette, Spaniola: Mason Circuit Court to Proceed with Murder Charge Against Sean Phillips
 •  Schuette Announces $3.8 Million Consumer Protection Settlement with Sirius XM
 •  Attorney General Schuette's Statement on House Passage of Prison Reform Legislation
 •  Schuette Applauds the National #GivingTuesday Movement to Encourage Spending With A Purpose
 •  Schuette Urges FTC to Update the Telemarketing Sales Rule to Protect Consumers
 •  Statement by Attorney General Schuette on SCOTUS Decision to Review Michigan v. EPA Case
 •  Schuette Partners with Nonprofits to Help Michigan Citizens Make Smart Donations
 •  Attorney General Schuette's Statement on Proposed Sentencing Reform Legislation
 •  Schuette Fights Excessive Electric Rates for Upper Peninsula Residents
 •  Schuette: This Veterans Day, Two New Legal Guides Available to Michigan Military Families and Veterans
 •  Attorney General Schuette Supports Swift Appeal of 6th Circuit Ruling in DeBoer v. Snyder
 •  Statement by Attorney General Schuette on Detroit Bankruptcy Ruling
 •  Schuette Announces $747,000 in Restitution for Southeast Michigan Victims of Mortgage Fraud
QR code

Michigan.gov Home
PoliciesMichigan NewsMichigan.gov Survey


Copyright © 2014 State of Michigan