On November 4, 1999, the Connecticut Supreme Court affirmed a Superior Court ruling that greatly impairs the ability of injured parties to challenge unlawful government action in the competitive bidding process. The NAM had filed an amicus brief on February 11, 1999, urging the court to reverse the holding.Both the State Department of Public Works and the City of Hartford imposed new bid specifications on public works projects that would require all successful bidders to sign a labor agreement with a designated union as a condition of performing work on the projects. The Superior Court dismissed challenges filed by general contractors, subcontractors, and an association of contractors who have been deterred from bidding by the union-only requirements. The Superior Court held that notwithstanding the injury suffered by the plaintiffs as a result of the alleged unlawful favoritism in the competitive bid process, they have no standing to sue.
The NAM believes that government agencies should not dictate the labor relations of contractors as a condition of awarding government contracts under competitive bidding laws.