Lawsuit over labor delays Montco prison project

March 01, 2010|By Jane M. Von Bergen, Inquirer Staff Writer
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  • APRIL SAUL / Staff Photographer
  • APRIL SAUL / Staff Photographer
  • The $400 million construction plan calls for a 4,100-bed prison to be built next to the existing facility. Graterford, built to handle 2,800 inmates, has about 3,770 now.
  • Inmates in an exercise yard at Graterford Prison in Skippack Township, Montgomery County. Plansto build a new prison there are on hold pending the outcome of a lawsuit over labor issues.

At a time when unemployment among construction workers stands at close to 25 percent, a $400 million Pennsylvania prison project that would have employed 1,400 carpenters, electricians, and others in the trades remains mired in bureaucracy and litigation.

Meanwhile, the state prison system is so crowded that it is shipping 2,000 inmates out of state at a daily cost of $62 per inmate.

Construction on the project, a new 4,100-bed prison next to Graterford Prison in Skippack Township, Montgomery County, was supposed to have started in September.

"We want to get dirt flying by late in 2009," Ed Myslewicz, spokesman for the state Department of General Services, predicted optimistically in February 2009 when the project was announced.

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Not only is there no dirt flying, there's not even a bid request for the project.

"I would like nothing better than to award a contract and have Corrections have their needs addressed," said Elizabeth Ann "Liz" O'Reilly, deputy secretary for the state Department of Corrections and the point person for an $865 million statewide prison project that includes the $400 million Montgomery County prison.

"I think they'd rather spend money on their attorneys than on construction."

The Graterford project has been plagued by three problems - a disagreement over how it should be bid, the question of whether the workforce must be union, and the inability to find a bidder able to build the prison envisioned for the money available.

O'Reilly's department had put the project out for bid in the spring. None of the bidders met the price.

The department was in negotiations in July with the lowest bidder, Keating Building Corp., a Philadelphia union contractor. Then nearly four dozen nonunion construction workers and contractors, along with trade associations that represent open shops, filed a lawsuit against the state to stop the project.

The plaintiffs made two requests: an injunction to stop the department from awarding the contract, and not to require a project labor agreement as a bid specification.

Project labor agreements typically require contractors to pay union wages and, in some cases, use union workers. The unions guarantee a trained labor supply and promise there will be no work stoppages.

On Dec. 1, Commonwealth Court Judge Dan Pellegrini refused to grant the request for an injunction; his decision has been appealed to the state Supreme Court.

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