Utility Contractors Association of New England, et al v. City of Fall River

Hinckley Allen represented Utility Contractors Association of New England (UCANE) in a lawsuit against the City of Fall River, alleging the City’s Responsible Employer Ordinance (REO) violated federal and state laws. Specifically, UCANE challenged the following sections of the Fall River REO: (1) the provisions requiring 100% of the apprentices and 50% of all other workers for any construction projects be Fall River residents; (2) the provision requiring all contractors for each apprenticeable trade to maintain and participate in an active apprentice program; (3) the provision requiring contractors to furnish a pension or annuity plan for all employees on the project; and (4) the provision requiring all bidders to certify that they would comply with each of these mandates. UCANE prevailed on each challenge, and the Court struck down each of the offensive sections of the Fall River REO.