N.J. Stat. » Title 52 — STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
New Jersey Statutes

N.J. Stat. § 52:38-3 (2026)

Public entity to include project labor agreements in certain public works projects

✓ laws through the 2025 session (retrieved May 2026)
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3. A public entity may include a project labor agreement in a public works project on a project-by-project basis, if the public entity determines, taking into consideration the size, complexity and cost of the public works project, that, with respect to that project the project labor agreement will meet the requirements of section 5 of this act, including promoting labor stability and advancing the interests of the public entity in cost, efficiency, skilled labor force, quality, safety and timeliness, and, in the case of a public entity which is a political subdivision, promotes employment of residents of the political subdivision. If the public entity determines that a project labor agreement will meet those requirements with respect to a particular public works project, the public entity shall either: directly negotiate in good faith a project labor agreement with one or more labor organizations; or condition the award of a contract to a construction manager upon a requirement that the construction manager negotiate in good faith a project labor agreement with one or more labor organizations. Upon the request of the public entity, the Commissioner of Labor shall assist in facilitating the negotiation of the project labor agreement. The decision by the public entity to require the inclusion of a project labor agreement requirement shall not be deemed to unduly restrict competition if the public entity finds that the project labor agreement is reasonably related to the satisfactory performance and completion of the public works project, and any bidder for the public works project refusing to agree to abide by the conditions of the project labor agreement or the requirement to negotiate a project labor agreement shall not be regarded as a responsible bidder. Upon the request of the public entity, the Commissioner of Labor shall review the finalized project labor agreement and provide to the public entity, not more than 30 calendar days after the agreement is submitted to the commissioner by the public entity, a written advisory statement regarding whether the project labor agreement conforms with the provisions of this act.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2009–2025 · leading case: Sheet Metal Workers Int'l Ass'n Local Union No. 27 v. E.P. Donnelly, Inc., 673 F. Supp. 2d 313 (D.N.J. 2009).
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Sheet Metal Workers Int'l Ass'n Local Union No. 27 v. E.P. Donnelly, Inc., 673 F. Supp. 2d 313 (D.N.J. 2009). · cites it 4× “N.J. Stat. Ann. § 52:38-3 . Section 5 continues: Each project labor agreement executed pursuant to the provisions of this act shall: a.”
Sheet Metal Workers Int'l Ass'n Local Union No. 27 v. E.P. Donnelly, Inc., 737 F.3d 879 (3d Cir. 2013). “N.J.S.A. § 52:38-3 (2002). The statute further provides that "[a]ny project labor agreement negotiated pursuant to this act between the public entity or its representative or a construction manager and one or more labor organizations shall be binding on all contractors and…”
Associated Builders & Contractors Inc. v. City of Jersey City, 836 F.3d 412 (3d Cir. 2016). “At the same time they have offered no explanation of how the City can require contractors to enter into a project labor agreement ("PLA”) with respect to anything other than projects that use public funds when the authorizing statute provides only that "[a] public entity may…”
Earle Asphalt Co. v. Cnty. OF CAMDEN, No. 1:21-cv-11162 (D.N.J. June 23, 2022). · cites it 6× “See N.J.S.A. 52:38-3 (“A public entity may include a project labor agreement in a public works project on a project-by- project basis … the public entity shall either: directly negotiate in good faith a project labor agreement with one or more labor organizations; or condition…”
Earle Asphalt Co. v. Cnty. of Atl., No. 1:21-cv-18355 (D.N.J. July 20, 2022). · cites it 6× “See N.J.S.A. 52:38-3 (“A public entity may include a project labor agreement in a public works project on a project-by- project basis … the public entity shall either: directly negotiate in good faith a project labor agreement with one or more labor organizations; or condition…”
Francis V. Cook v. Ronald J. Riccio, No. 2:25-cv-17679 (D.N.J. Dec. 11, 2025). · cites it 2× “N.J. Stat. Ann. § 52:38-3 . In fact, the New Jersey Supreme Court upheld the Delaware River Joint Toll Bridge Commission’s (“the DRJTB Commission”) exercise of power to enter a PLA in the DRJTB Commission’s Scudder Falls Bridge Project when Harms brought a similar challenge…”
Delaware River Jt. Toll Bridge Comm'n v. George Harms Constr. Co., 318 A.3d 643 (N.J. 2024). “at 346-49 (citing N.J.S.A. 52:38-3; Allan Myers, LP v. Dep’t of Transp.”
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