In August 2001, the U.S. District Court rescinded Executive Order 13202 in a case where Maryland`s use of an PLA for the Woodrow Wilson Bridge replacement project was reviewed. The court ruled that the order was invalid because it was contrary to the National Labor Relations Act. On November 7, 2001, the judge issued a permanent injunction to prevent the order from being enforced.   In July 2002, the District of Columbia Court of Appeals overturned the District Court`s decision and ordered the injunction set aside.  As a result of this decision, the Department of Defense, NASA, and the General Services Administration officially recognized the contract in the federal registry and implemented it in their bidding procedures.  (4) Project employment contracts have been used for similar projects carried out by federal, state, municipal or private bodies in the geographical area of the project. “project employment contract” means a pre-employment collective agreement with one or more labour organizations, which sets out the terms and conditions of employment of a given construction project and which is an agreement described in 29 U.S.C 158 (f). With Executive Order 13202, President George W. Bush prohibited federal authorities from imposing PLAs on federal construction projects during his tenure.
Shortly after taking office, President Obama lifted this ban with EO 13502 and decided to promote the use of ASA in federal construction projects. (1) Use the provision with its Alternate I if the Agency decides to request the submission of a project employment contract only to the supplier who has clearly succeeded before the contracts are awarded. For the acquisition of large construction projects, if the Agency decides, in accordance with this subsection, that a project employment contract is required, the contract agent – The Boston Harbor Re-Cultivation Project, which began in the 1980s, has become the focus of the debate on the legality of SAAs. T92  When the Massachusetts Water Resources Authority decided to use a PLA for the project that only requires union labor, the Associated Builders and Contractors of Massachusetts/Rhode Island, Inc. challenged their legality, arguing that the use of a PLA by the National Labor Relations Act was prohibited.  In 1990, the First Circuit Federal Appeals Court ruled that the Boston Harbor PLA had violated federal labor law because of its union work requirement.  A number of women and minority entrepreneur groups oppose project employment contracts and argue that PDOs disproportionately affect small businesses, especially those owned by women and minorities. . . .