Jefferson County’s New Ordinance and a Growing Pattern Targeting Merit Shop Contractors

Last week, Jefferson County, Missouri adopted a new Responsible Bidder Ordinance that will change how certain county-funded construction projects are evaluated and awarded. While the ordinance is framed publicly as a step toward improved safety and workforce standards, it is important for merit shop contractors to understand the broader context in which this policy was developed—and what it signals for the future of public construction. 

In the days following the vote, an article published by the Labor Tribune praised the ordinance as a clear victory for organized labor. The article included the following statement from Jefferson County Labor Club: 

“It will help labor by setting standards for county-funded projects as far as prevailing wage, apprenticeship standards, OSHA requirements and health care. It’s a win for Organized Labor and the county.” 

Another quote from the same article was even more direct about the ordinance’s intended effect: 

“Each and every contractor in Organized Labor already does that so this will be a significant leg-up for union contractors on Jefferson County projects,” McBride said. 

These statements are revealing; they confirm what merit shop contractors across the country are increasingly experiencing. Policies sold as neutral, safety-focused, or incentive-based are being drafted in ways that intentionally advantage one labor model while making it harder, or in some cases impossible, for merit shop contractors to compete. 

This is not an isolated occurrence. There is a growing trend at the local level in which organized labor advances procurement policies that exclude merit shop contractors from public work. These efforts are often packaged as safety initiatives or workforce development reforms, despite any evidence to justify that position. In practice, these policies are about market control, not safety. 

The merit shop construction industry represents the majority of the workforce in Missouri and nationally. Merit shop contractors train their workforce through a wide range of lawful, industry-standard methods, including trade schools, structured on-the-job training, industry credentials, and intentional multi-skilling. These approaches have produced safe jobsites, high-quality projects, and the flexibility needed to meet today’s construction demands. 

Yet increasingly, organized labor is using “safety” as the justification for policies that narrowly define acceptable training and workforce models. By doing so, these ordinances restrict who can compete for public work—not based on performance, experience, or safety outcomes, but based on whether a contractor fits a preferred labor structure. That approach runs counter to fair and open competition and undermines the principles that have long governed public procurement. 

When competition is reduced, the consequences are predictable—fewer bidders, higher costs, less innovation, and fewer opportunities for local contractors and workers. Most importantly, workers who are trained safely and professionally through merit shop pathways are sidelined—not because they are unsafe, but because they do not align with a favored model. 

ABC Heart of America will continue to engage with local governments, policymakers, and stakeholders to push back against policies that unfairly target merit shop contractors. We will also continue to educate decision-makers on how the construction industry actually operates and why fair, open, and competitive procurement delivers the best outcomes for workers, communities, and taxpayers alike. 

Jefferson County’s ordinance should be viewed not just as a local policy decision, but as part of a broader strategy that merit shop contractors must be prepared to address. Awareness, engagement, and advocacy will be essential as these efforts continue to expand. 

The adopted Responsible Bidder Ordinance in Jefferson County, Missouri, establishes a scoring-based framework for specific county-funded construction projects. Rather than awarding contracts solely based on the lowest and best responsible bid, the ordinance introduces additional criteria that affect bidder eligibility and competitiveness. 

Key elements of the ordinance include: 

• Scored bid criteria: Contractors are evaluated using a combination of price and policy-based criteria. The highest combined score is presumed to be the winning bid, and awarding a contract outside of that framework requires heightened administrative justification and review. 

• Apprenticeship participation requirements: Contractors seeking to qualify for the incentive must participate in, or maintain, a U.S. Department of Labor–registered apprenticeship program for every skilled craft employed by the contractor. 

• Workforce structure restrictions: The ordinance restricts the use of independent contractors and leased employees, requiring work to be performed by on-site employees of the contractor or subcontractor. 

• Additional administrative oversight: If a department recommends awarding a contract to a bidder that does not receive the highest combined score, the ordinance requires a written justification and review by multiple layers of county administration, including consultation with legal counsel. 

Together, these provisions shift procurement away from a performance- and price-based model toward one that conditions competitiveness on specific workforce and training structures.