United States First Circuit

In case alleging that iron workers' union conspired with local trade association to shut non-union contractors out of the structural steel industry in the greater Boston area in violation of state law, dismissal of state law claims as pre-empted by federal labor law is affirmed where plaintiffs' state law claims are pre-empted as per San Diego Bldg. Trades Council v. Garmon. Grant of summary judgment on the federal labor and antitrust claims is reversed where: 1) the Market Recovery Program was codified by and operated through agreements between a labor group and a non-labor group, the statutory exemption cannot apply; and 2) there are sufficient genuinely disputed issues of material fact with regard to the nature and extent of defendant's allegedly coercive tactics, and whether defendant used those tactics to pressure neutral employers into agreements to refrain from using non-union contractors in violation of Section 8(e) of National Labor Relations Act.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• STAHL, Circuit Judge., Before HOWARD, Circuit Judge, STAHL and SILER, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael E. Avakian with whom Smetana & Avakian, Carol Chandler, Geoffrey R. Bok, Stoneman, Chandler & Miller LLP, Thomas M. Triplett, and Schwabe Williamson & Wyatt, P.C. were on brief for appellants., John C. Scully and W. James Young on brief for amicus curiae National Right to Work Legal Defense Foundation, Inc., Maurice Baskin and Venable LLP on brief for amicus curiae Associated Builders and Contractors, Inc.


• For Appellees:
  
• Paul F. Kelly with whom Indira Talwani, Segal, Rottman & Coleman, and Mickey Long, were on brief for appellees.