The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-03-08
BOARD OF EDUCATION CON
TRACTS.
An Opinion by Corporation Counsel on
Requiring Union Labor.

Requiring Union Labor.
Corporation Counsel Robertson yes
terday sent to the board of education
an opinion on the question as to
whether the board or any other board
under the city government could legal
ly insert in any contract a clause pro-
viding that labor under the contract
should be done by union workmen only.
The opinion was sent in response to
request by the board of education. The
common council had passed a resolu-
ton recommending that such clause
be inserted in the contracts for the
erection of new school buildings.
While it is true that under Section
1877 Of the city charter authority Is Civ
en- to the court Of common council to
provide for the form and manner of
making contracts, that section Is con-
trolled by Section 1856 Of the charter,
which provides that all contracts shall
be made or let, for work to be done or
for supplies to be furnished to said
city, by the department or board hav-
ing the subject matter in charge, which
contract for work or supplies shall be
made under such regulations as the
court of common council may by or
dinance establish; provided, however,
that the contract shall be founded up
on sealed bids proposals and awarded
to the lowest responsible bidder.
Therefore, If the court of common
council should have ordered the board
of education, in making contracts for a
new school building, to provide in the
contracts that none but union labor
should be employed, 1t would neces-
sarily prevent the city, in a large
measure from obtaining services at the
lowest possible prices, which is the sole
object OF competitive bidding, because
the contractor would be restricted to
the employment of certain persons.
Hence it would follow, as natural
sequence, that the spirit of Section 1856,
il not the letter itself, would be vio-
lated Therefore, the action of the
court of common council, in ordering
that the board of education, in making
contracts. should specify that none but
union labor be employed is ultra wires,
and such contracts, entered into by the
board of education, would be void, be-
yond a question.
But even If there was no such pro-
vision in the city charter, the power
to discriminate in favor OF union labor,
either by the court Of common council
or the board Of education is beyond the
authrity or scope of either board,
whether acting together or separately,
because 1t interferes with the discre-
tionary power which is vested In the
different departments of the city gov
eminent in making contracts, as 1t eff
fectually ties their hands and prevents
their availing themselves of opportuni-
ties to make advantageous agreements
in behalf of the city. and any tax
payer under these circumstances,
would have a right to enjoin the city
from concentrating such contract.
This very question, whether city
has a right, in making contracts to
discriminate in favor of union men, has
been decided by number Of courts,
and in every case the court has decid-
ed against such right.
After quoting cases to substantiate
his opinion, Judge Robertson says
Therefore. ! am of the opinion that
under our charter, which reqires that
all work shall be given to the lowest
responsible bidder any such contract,
entered into by the board of education
or the court of common council, would
be in violation of the provisions Of the
charter, and cnsequently void,
And, second, that even if there was
no such provision in the city charter,
but the widest discretion was given to
the different departments in making
contracts, such provision would be
illegal and void, because 1t would in
terfere with the discretion of the diff
ferent departments in making con-
tracts and taxpayer could maintain
an Injunction to prevent the consum-
nation of such a contract, on the
ground that it was undermining the
very foundation principles of our free
institutions In recognizing and creating
a privileged class.
Dated at New Haven this 9Th day Of
March, 1901.
Respectfully submitted,
A. HEATON ROBERTSON,
CorpOra tiop Counea1