Rd.- Con., Inc. v. City of Philadelphia (3d. Cir., October 29, 2024)(Matey, J.)
Philadelphia policies prevent a Plaintiff from bidding on public contracts. Road-Con, Inc., et cetera contract is working in the Philadelphia area. Philadelphia as required “project labor agreements” to include terms recognizing a union as the workers exclusive representative in paying workers’ union wages. Also, required was to employ a certain percentage of male minorities and women, thirty-two percent of all construction employment hours had to be from male minorities and seven percent by women. The Court found that standing existing and that the matter was not moot. Plaintiff’s alleged that the agreement requiring city contractors to join a specified union on a public project violates the First Amendment. Direct evidence of discriminatory in tenancy applied by the policy itself where the policy is racially discriminatory. There is a certain required percentage of construction hours based on race and sex. The district court will have to decide the appropriate level of scrutiny of that discrimination. The 14th Amendment requires strict scrutiny of all race-based action by state and local governments. Case is remanded for decision. It looks like the entire decision is not here, however.
• Contract requiring a bidding contractor to join a union and to set aside a certain percentage of hours for minority men and women, is not moot, Plaintiffs have standing and may violate equal protection.
• Classification by race must be justified and case will be remanded for that purpose.
• First Amendment also at issue.
