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Judge Halts City’s Attempt to Discriminate Against Non-Union Workers

| July 3, 2019 | 0 Comments

Pure Water Construction Contracts Approved by Council Illegally Circumvented Proposition A

In a recent ruling, Superior Court Judge John S. Meyer awarded an injunction

Against the City of San Diego after the City Council, last year, voted to exclude non-

union contractors from bidding on the Pure Water project.

In 2012, San Diego voters overwhelmingly approved Prop A, a measure to ensure construction contracts are awarded based on a company’s merits, not whether its workers are union or non-union. In a blatant action to circumvent the will of voters, the City approved unfair and discriminatory amendments that would harm non-union construction workers and their families. 

In his ruling, Judge John S. Meyer, rightfully stated that the City’s action “is puzzling because it appears to be an attempt to amend or repeal SDMC 11.4401 (Prop A), et seq., which is precluded under the Ordinance. ‘This Ordinance shall not be amended or repealed except by a majority vote of the voters of the City of San Diego.’”

As Councilmember Sherman stated last year, the union giveaway will “substantially increase the cost of the project and cause delays due to possible legal challenges.”  Unfortunately, due to council majority’s actions, the Pure Water program, which would provide one-third of San Diego’s water supply locally by 2035, will now be delayed.

In order to move the project forward in a timely fashion, Councilmember Sherman urges his colleagues to revisit the item as soon as possible and allow contractors who employ non-union apprentices to participate in the bidding process.

Councilmember Scott Sherman is encouraging other councilmembers to open the bidding process to include non-union contractors.

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