Legislation Legal  
Construction Association Gets  
Injunction Preventing “Blacklisting”  
Texas judge has granted a pre- private businesses to publicly disclose U.S. District Court for the Eastern Dis-  
liminary injunction preventing mere accusations of labor law violations trict of Texas asserted that the plaintiffs  
the Federal Acquisition Regula- that have not been fully adjudicated,” “properly demonstrated immediate and  
tory (FAR) Council from implementing said ABC vice president of regulatory, ongoing injury to their members if the  
the Obama administration’s Fair Pay labor and state affairs Ben Brubeck in a rule is allowed to take effect.”  
and Safe Workplaces final rule, com- statement.“By issuing this decision, the  
Crone concluded that the execu-  
monly referred to as “blacklisting.” court has maintained the First Amend- tive order and rule “conflict directly  
The regulations were issued in Au- ment rights of government contractors with every one of the labor laws they  
gust to apply an executive order and and protected them and taxpayers from purport to invoke by permitting dis-  
would have required companies to dis- the poorly crafted blacklisting rule.”  
qualification based solely upon ‘ad-  
close past determinations and pending  
accusations of labor law violations.  
When fully put into action, subcon- ministrative merits determinations’  
tractors, such as glaziers bidding on that are nothing more than allegations  
Associated Builders and Contrac- jobs worth $500,000 or more, would be of fault asserted by agency employees  
tors is pleased the court ruled that the subject to the rule. and do not constitute final agency find-  
Obama administration cannot order However,Judge MarciaA.Crone of the ings of any violation at all.” n  
USGlass, Metal & Glazing | December 2016