State Advocacy

ABC Eastern Pennsylvania's positions on the Pennsylvania policy issues that shape fair and open competition for merit shop contractors.

Apprenticeship Ratio Reform

Aligning Pennsylvania With the Federal 1:1 Standard

ABC Eastern Pennsylvania calls on Pennsylvania to immediately adopt a 1:1 apprentice-to-journeyperson ratio in alignment with federal standards. This critical reform will unlock unprecedented opportunities for workforce development, eliminate discriminatory barriers that unfairly disadvantage merit shop contractors, and address Pennsylvania’s acute and growing shortage of skilled trades workers. The current discriminatory 4:1 ratio requirement for most non-union programs creates an unjust two-tiered system that prevents thousands of workers from accessing apprenticeship training and cripples the competitive ability of merit shop contractors who complete nearly 90% of construction nationally.

Pennsylvania faces a critical and worsening shortage of skilled trades workers. This shortage threatens economic growth, delays critical infrastructure projects, and limits career opportunities for thousands of workers seeking meaningful employment and advancement.

The Crisis: Pennsylvania's Extreme Skilled Trades Shortage

Barriers to Workforce Development

Merit shop contractors, who complete nearly 90% of construction in the United States, are the backbone of Pennsylvania’s construction workforce development. Yet the current 4:1 apprentice-to-journeyperson ratio requirement artificially constrains these employers’ ability to train the next generation of skilled workers. Many small and medium-sized contractors are forced entirely out of apprenticeship programs because the rigid ratio makes training economically unfeasible. This regulatory barrier doesn’t address safety or quality; it simply reduces training capacity when Pennsylvania needs it most. By adopting the federal 1:1 standard, Pennsylvania would dramatically expand its apprenticeship capacity, enabling significantly more workers to access training and enter the skilled workforce.

A Two-Tiered System

Pennsylvania’s current apprenticeship ratio regulations create an inherently discriminatory two-tiered system. Union programs operating under collective bargaining agreements (CBAs) can negotiate their own ratios, often securing more favorable terms that enable larger apprenticeship classes. Non-union (merit shop) programs generally face a blanket 4:1 requirement, increasing training costs and forcing many contractors out of the apprenticeship market entirely.

Small Business Exclusion

Smaller merit shop contractors form the backbone of Pennsylvania’s construction industry, yet many cannot afford the overhead required to meet the 4:1 ratio requirement. These firms are effectively excluded from apprenticeship programs, limiting career pathways for workers in their communities and concentrating training opportunities among larger, well-capitalized competitors. This is not market efficiency; it is regulatory discrimination that stifles competition and limits opportunity.

Unlocking Opportunity: The Proven Benefits of Federal 1:1 Standards

Federal construction guidelines recognize that effective apprenticeship training is best achieved through intensive, one-on-one mentorship. The 1:1 ratio standard reflects decades of proven experience. Adopting this standard would create transformative opportunities across multiple dimensions.

Direct, individual supervision ensures apprentices receive immediate guidance and correction. This intensive oversight builds stronger safety cultures from day one, reduces workplace incidents, and establishes safe practices as a foundational element of worker development. Federal programs operating under 1:1 ratios consistently demonstrate excellent safety records across diverse construction sectors.
One-on-one mentorship allows supervisors to tailor instruction to individual learning styles, identify and address specific skill gaps, and provide real-time feedback that accelerates competency development. Apprentices progress more rapidly through training milestones, entering the skilled workforce sooner and with greater confidence. This translates to faster returns on employer investment and more capable workers entering the market.
By aligning with federal standards, Pennsylvania would immediately enable thousands of additional apprenticeships. Smaller contractors could participate in training for the first time. Larger contractors could expand their programs. The cumulative effect would be a substantial increase in skilled workforce development, precisely what Pennsylvania needs to address its critical shortage.

Immediate Action Required

Pennsylvania stands at a crossroads. The state can continue to operate under a discriminatory system that artificially constrains workforce development, advantages some contractors over others, and fails to address the critical shortage of skilled trades workers. Or Pennsylvania can align with federal standards, eliminate unnecessary barriers, and unlock the full potential of its construction industry.

ABC Eastern Pennsylvania calls on state legislators and the Governor to adopt a 1:1 apprentice-to-supervisor ratio immediately. This reform will:

Dramatically expand apprenticeship opportunities and address Pennsylvania's critical skills shortage
End discriminatory barriers that unfairly disadvantage merit shop contractors and small businesses
Enable more intensive, one-on-one mentorship that improves apprentice safety, competency development, and career readiness
Align Pennsylvania construction standards with proven federal best practices

The time for incremental reform has passed. Pennsylvania needs transformative action. Adopting the federal 1:1 apprentice-to-supervisor ratio is that action.

Project Labor Agreements

Fair and Open Competition on Public Construction

ABC Eastern Pennsylvania opposes the mandatory use of Project Labor Agreements (PLAs) on public construction projects. All qualified contractors, regardless of their labor relations approach, should have equal opportunity to bid on and perform public construction work funded by taxpayer dollars.

Mandatory PLAs:

Restrict competition by effectively excluding merit shop contractors who represent nearly 90% of the construction workforce in Pennsylvania
Increase project costs by limiting the pool of qualified bidders
Force non-union contractors to comply with union work rules and hiring practices
Require contractors to make contributions to union-administered benefit funds they may not use
Create an unfair competitive advantage for unionized contractors using taxpayer funds

Who Mandatory PLAs Harm in Our Region

Small and medium-sized contractors who form the backbone of our local construction economy
Minority- and women-owned businesses that are predominantly merit shop
Skilled workers who have chosen not to join unions
Taxpayers who ultimately bear the cost of reduced competition

Communities Disproportionately Affected

Eastern Pennsylvania’s construction industry includes diverse metropolitan areas (Philadelphia, Allentown-Bethlehem-Easton) and rural communities. Mandatory PLAs would disproportionately affect:

Recent PLA Litigation Victories

In the span of eight months, two separate Commonwealth Court rulings have handed ABC Eastern Pennsylvania and its allied chapters significant legal victories against mandatory project labor agreements on public construction projects. Together, these decisions do more than resolve two individual disputes. They build binding legal precedent that validates the very arguments ABC Eastern Pennsylvania has advanced for years: that mandatory PLAs, absent truly extraordinary circumstances, violate Pennsylvania’s competitive bidding laws and unfairly disadvantage the merit shop contractors who make up the vast majority of the state’s construction workforce.

Bucks County Community College HVAC Lab Project

Decided: December 5, 2025
Pennsylvania Commonwealth Court (published opinion)

ABC Eastern Pennsylvania challenged a union-only PLA that Bucks County Community College included in its invitation for bids on an HVAC lab project. The Commonwealth Court agreed with ABC that the College had failed to demonstrate the “extraordinary circumstances” required under Pennsylvania law before a public owner may impose a PLA. The Court found the College’s claimed urgency to be self-inflicted, noting that the PLA had been issued roughly two years before the lab project itself was even conceived. Because the opinion is published, it now stands as binding precedent for future PLA disputes across the Commonwealth.

Norristown State Hospital Psychiatric Treatment Center

Decided: July 23, 2026
Pennsylvania Commonwealth Court (preliminary injunction)

ABC’s Eastern and Keystone Chapters, represented by McNees Wallace & Nurick, sued the Pennsylvania Department of General Services (DGS) over a mandatory PLA attached to a more than $300 million project, the psychiatric treatment center and central utility plant at Norristown State Hospital. Following an evidentiary hearing, the Commonwealth Court found that ABC had shown a likelihood of success on the merits and granted a preliminary injunction, halting DGS from proceeding with the project’s procurement while the underlying legal challenge, again grounded in Pennsylvania’s competitive bidding laws, plays out.

How These Victories Strengthen Our Position

ABC Eastern Pennsylvania’s position on PLAs argues that mandatory PLAs restrict competition, inflate project costs, and disadvantage the merit shop contractors who represent nearly 90% of the Commonwealth’s construction workforce, while offering no legitimate benefit that couldn’t be achieved through neutral, performance-based criteria. These two rulings move that argument from advocacy to precedent in three concrete ways:

A binding legal standard now backs the policy argument

The Bucks County decision doesn’t just side with ABC once. It establishes, in a published opinion, that contracting agencies must clear a genuinely high “extraordinary circumstances” bar before imposing a PLA. That standard now applies to every public owner in Pennsylvania, not just the one being sued.

The precedent is already proving itself on a larger stage

Within months, that same reasoning helped ABC secure a preliminary injunction against a state agency on a project worth more than $300 million, evidence that this isn’t a narrow, fact-specific win but a durable legal theory that scales to the Commonwealth’s largest construction procurements.

Courts are validating ABC's core factual claims

In both cases, the courts credited ABC’s evidence that the asserted urgency or justification for a PLA was manufactured or overstated, echoing our position that mandatory PLAs are typically drafted to favor unionized contractors rather than to serve any genuine public interest.

Responsible Contractor Ordinances

Performance Criteria, Not Union Affiliation

ABC Eastern Pennsylvania opposes discriminatory Responsible Contractor Ordinances (RCOs) that effectively exclude merit shop contractors through requirements that favor unionized contractors. Contractor participation on public projects should be based on qualifications and performance, not on union affiliation.

What We Oppose

Mandatory participation in union-sponsored apprenticeship programs when merit shop alternatives exist
Requirements for union-negotiated wage and benefit packages that exceed prevailing wage standards
Health insurance and pension requirements that favor union-administered plans over equivalent private alternatives
Arbitrary geographic restrictions that limit contractor participation

What We Support

Ordinances that establish legitimate performance criteria applicable to all contractors equally, including:

Demonstrated safety records and OSHA compliance
Financial responsibility and bonding capacity
Relevant project experience and technical capability
Compliance with prevailing wage and labor law requirements
Quality assurance and warranty provisions

Our Policy Recommendations

Protecting the Public Interest Without Restricting Competition

ABC Eastern Pennsylvania supports policies that achieve legitimate public interests without restricting competition:

Performance-Based Prequalification

Establish transparent pre-qualification criteria based on objective performance metrics rather than organized labor relations practices.

Enhanced Safety Requirements

Implement robust safety standards and oversight that apply equally to all contractors.

Local Workforce Provisions

Support local hiring goals and workforce development initiatives that include both union and merit shop training programs.

Transparency and Accountability

Require comprehensive reporting on contractor performance, safety records, and project outcomes.

Legislative and Regulatory Priorities

Oppose legislation mandating PLAs on state-funded projects
Ensure Pennsylvania prevailing wage laws are applied fairly and consistently
Support workforce development funding that recognizes multiple training pathways
Maintain competitive procurement processes for all state construction projects

ABC Eastern Pennsylvania remains committed to promoting fair and open competition in public construction that serves the best interests of taxpayers, workers, and communities throughout our region. We believe that merit-based selection processes, rather than discriminatory ordinances or mandatory labor agreements, will deliver the highest quality construction at the most competitive prices while providing opportunities for all qualified contractors and construction workers.

For questions or more information, please contact Marissa Bankert, President/CEO, at 484-682-6701 or mbankert@abceastpa.org.