He said the company's policy has beenconsistent.

"We have said all along that our constructionpolicy is to build on a merit basis, [taking] thelowest responsible bid," Mullin said.

Ehrlich charged that at least one local unionhad offered to match the lowest non-union bids,but were rebuffed by the contractor.

Despite the lack of a written provisionstipulating that only union workers be hired,Mullin said in his defense that Biogen has takenseveral steps that have helped the local economy.

He said that two-thirds of the project wasawarded to union contractors anyway--a numberdisputed by Ehrlich, who estimated the figure tobe less than half.

Mullin also said that the company has pursuedlocal talent for the job. Among those he mentionedwere the employment of seven local temp agenciesand the aggressive recruitment of local highschool and college students.

From their statements at the meeting, mostcouncillors seemed to side with the union in thedispute. Many said their belief that the projectwould use only union labor was instrumental intheir decision to support the tax break.

"My own understanding was that it would be 100percent union labor," said Councillor Timothy J.Toomey. "My understanding is that a man's word isa man's word."

One councillor said she found it "interesting"that Biogen would actively recruit Cambridgeresidents while omitting, in its contract withMarshall, stipulations about unions and fair laborpractices.

In response to her assertion about unfair laborpractices, Mullin said subcontractors are alwaysexpected to abide by the laws, and "in cases wherethey don't do that, there are mechanisms." Headded that it is "not common practice to reachthrough the contractor to examine" informationabout subcontractors.

At one point, Councillor Frank Duehay askedMullin if it would "bother" him if Marshall hadindeed lied in order to get at 121A agreement backin September.

"You're asking me to speculate on what may ormay not have happened, and that may beunproductive to us," Mullin said to a chorus ofresounding boos.

But many council members indicated that theyhope a deal can be arranged. One member said herinvestigation revealed that less than half theproject was finished, and several members saidthey want the job completed by union workers