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CALIFORNIA SUPREME COURT thwarts union plan to block private contractors
5 November 2007
The California Supreme Court in San Francisco today struck down a memorandum of understanding that required the state to make “every effort” to award architectural and engineering contracts to members of a government employees union.
The high court said unanimously that the 2003 agreement violated Proposition 35, a state constitutional amendment passed by voters in 2000 that allows the state to use private contractors on public works projects.
The memorandum of understanding was reached between state officials and Professional Engineers in California Government, a union that represents 13,000 architects, engineers and land surveyors who work for the state.
The agreement was made into a law by the Legislature and signed by then-Gov. Gray Davis.
Justice Carlos Moreno, writing for the court, said the agreement “violates the constitutional mandate” of Proposition 35, which was intended to abolish restrictions on state agencies’ use of private contractors for engineering and architectural work.
The ruling was made in a lawsuit filed against the union and the state by Consulting Engineers and Land Surveyors of California Inc., a coalition of private contractors.
The high court upheld similar rulings by a Sacramento Superior Court judge and a state appeals court in Sacramento.
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