February 11, New Hampshire Journal

New Hampshire has long prided itself on a competitive, business-friendly environment that fosters growth, innovation, and economic prosperity. However, that advantage is under threat due to government-mandated Project Labor Agreements (PLAs), which stifle fair competition in our public construction sector. That is why the Associated Builders & Contractors New Hampshire/Vermont Chapter (ABC) strongly supports Sen. Regina Birdsell’s Senate Bill 88 (SB88), legislation that ensures taxpayer-funded projects are awarded through fair and open competition.

PLAs impose restrictive conditions that often disadvantage non-union, merit shop contractors—excluding them from the negotiation process and forcing them to adhere to union-specific work rules. These agreements may require companies to recognize unions for job representation, use union hiring halls for workforce recruitment, and abide by union benefit structures.

A 2021 study by Dr. John McGowan, formerly of Saint Louis University, found that merit shop workers on PLA projects can lose up to 34 percent of their take-home pay to benefits they do not utilize. That essentially amounts to wage theft, favoring a specific segment of the industry while sidelining qualified, skilled workers who do not belong to a union.

The consequences of mandated PLAs extend beyond workers—they directly affect taxpayers. Studies indicate that PLAs can increase construction costs by as much as 20 percent compared to non-PLA projects. Reduced competition leads to inflated bids, meaning that fewer infrastructure improvements can be completed with the same budget.

Twenty-five other states have recognized this issue and enacted policies prohibiting government-mandated PLAs on public projects. It is critical that New Hampshire follow suit to prevent unnecessary cost increases and ensure our construction sector remains competitive.

SB 88 is a common-sense solution that applies solely to state-funded projects while leaving local municipalities free to make their own decisions. It does not ban the use of PLAs; rather, it prevents the state government from mandating them, allowing contractors and their workforce to make their own labor management decisions.

This stands in stark contrast to Massachusetts, where recent legislation now requires government agencies to explore PLAs for every public project—forcing many businesses and workers to relocate to states with more favorable policies, including New Hampshire. We cannot afford to follow that path.

Without the Fair and Open Competition Act, government-mandated PLAs threaten New Hampshire’s economic strength in several ways: Excluding 90 percent of New Hampshire’s 38,000 hardhats from opportunities in their own communities, replacing them with contractors from Massachusetts. Raising costs on taxpayers by increasing construction expenses by up to 20 percnt, worsening inflation and harming small businesses. Undermining local control and negotiated contracts, leading to reduced take-home pay for workers and fewer infrastructure improvements across the state.

SB 88 ensures that New Hampshire continues to benefit from an open and competitive construction market, where taxpayer dollars are spent efficiently, and all qualified contractors have an equal opportunity to bid on state-funded projects. By passing this legislation, we can protect the integrity of our public procurement process, safeguard jobs for local workers, and keep costs manageable for New Hampshire residents.

Let’s maintain the New Hampshire Advantage—support SB88 to preserve fairness, competition, and economic efficiency in our state’s public construction sector.