United States Ninth Circuit

In an action challenging a public project labor agreement as preempted by the National Labor Relations Act (NLRA) and the Employee Retirement Income Security Act (ERISA) and as violative of their rights to substantive and procedural due process and to equal protection, summary judgment for defendants is affirmed where: 1) entering into the agreement constituted market participation not subject to preemption by the NLRA or ERISA; 2) the agreement did not violate the plaintiffs' liberty interest in pursuing their careers as electricians; and 3) the agreement was rationally related to the district's legitimate interest in preventing labor disruptions.

Appellate Information

• Decided 10/08/2010
• Published 10/08/2010

Judges

• Richard A. Paez

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carole M. Ross, Ray Van der Nat