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J.D. ECKMAN v. DEPARTMENT OF TRANSP.

No. 313 C.D. 2018.

202 A.3d 832 (2019)

J.D. ECKMAN, INC., Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 11, 2019.

Attorney(s) appearing for the Case

James W. Kutz , Harrisburg, for petitioner.

Jeffrey W. Davis , Deputy Chief Counsel, Harrisburg, for respondent.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE ELLEN CEISLER, Judge.

At issue in this appeal is the Department of Transportation's (PennDOT) inclusion of a requirement in a bid solicitation for a highway construction project that the winning bidder execute a project labor agreement (PLA). J.D. Eckman, Inc. (Eckman), a nonunion construction company, petitions for review of the order...

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