ABC in ACTION
As the only association in New York State advocating for the merit shop philosophy, ABC Empire State is YOUR VOICE. We have been making sure that YOUR VOICE is being heard. Across the state, everyone from government officials to the general public is taking notice.
 
Background
We received an alert from a member with regard to an issue with the Town of North Hempstead. The town was enforcing mandatory apprenticeship graduation rates as a pre-qualifications in its bid specifications.  ABC has always supported the use of apprentices on construction projects.  Indeed, they are our future
construction leaders.  Unfortunately, by exceeding their authority, mandating graduation rates was reducing competition on a public works job and excluding ABC members from bidding on the project.
 
Taking Action
The Empire Chapter staff took action by researching the issue.  We found case law that supports our position that apprentice graduation requirements exceeds the local authority and undercuts New York State bidding laws and are not permitted.

ABC proactively reached out to the Town Supervisor informing her that the town’s pre-qualifications related to graduation rates are invalid and go beyond the
scope of the law granted to them by the state. Specifically, we made the case that the town cannot manipulate the apprenticeship law.  We stressed that if they continued down this path they were subjecting themselves to potential legal action.
 
Outcome
The Town of North Hempstead sided with ABC and removed the pre-qualification from its bid package.  As a result, ABC members can once again bid, win and perform the work.  Further, ABC saved the taxpayers of the Town of North Hempstead thousands of dollars by increasing the number of firms that will bid the work.  As we know, competition drives down costs.
 
 
That’s the Power of ABC in Action!