Senator Bonham: Kotek’s Unconstitutional Executive Order

Senate Republican Leader Daniel Bonham Criticizes Likely Unconstitutional Executive Order from Governor Kotek
By Oregon Senate Republican Leader Daniel Bonham,

SALEM, Ore. – Senate Republican Leader Daniel Bonham (R-The Dalles) issued a sharp rebuke of Governor Tina Kotek’s latest executive order mandating project labor agreements (PLAs) on state-funded construction projects, calling it an unconstitutional power grab and an insult to Oregon’s contractors.

“The Legislature has debated PLAs for years and has deliberately chosen a different path,” said Leader Bonham. “The proper branch to make this decision—the branch that represents the people—decided not to legislate on this issue for good reasons. If the Legislature, which better represents Oregonians, determined PLAs were inappropriate, how is a governor who only won with 46% of the vote in a better position to unilaterally legislate? Does she not trust the Democrat supermajority to govern?”

PLAs typically require contractors to abide by union-negotiated terms and conditions, effectively excluding many merit-based contractors and small businesses from state projects. The order’s sweeping mandate is expected to drive up construction costs and limit opportunities for non-union businesses statewide. In fact, the Governor’s unilateral action will potentially inflate transportation costs by 20 to 30%. Additionally, the executive order contradicts current contracting statutes in ORS 279A.015, which require fair, open, and impartial competition for state contracts.

Bonham also highlighted that Governor Kotek’s justification for the order—promoting diversity and inclusion—is contradicted by minority contractors’ longstanding opposition to PLA mandates.
“Merry Christmas to her special interest friends, but this executive order is nothing more than a stocking full of coal for contractors across the state, especially non-union shops now excluded from competing for state projects,” Bonham added. “It’s bad policy, bad governance, and probably unconstitutional.”

The Senate Republican Caucus is committed to exploring all avenues to challenge this executive overreach and ensuring decisions affecting Oregon families and businesses are made through the proper legislative process.