The Building Industry Electric Contractors Assoc., et al. v. City of New York et al., No. 11-3590 (2d Cir. 2012)Annotate this Case
Plaintiffs appealed the dismissal of their complaint challenging a number of agreements entered into by the City of New York with respect to labor conditions on certain City construction projects. Plaintiffs argued that the agreements regulated the labor market and were therefore preempted by the National Labor Relations Act, 29 U.S.C. 151-169. The court found the project labor agreements in this case materially indistinguishable from agreements the Supreme Court found permissible under the market participation exception to preemption in Building and Construction Trades Council of Metropolitan District v. Associated Builders and Contractors of Massachusetts/Rhode Island Inc. Because the City acted as a market participant and not a regulator in entering the agreements, its actions fell outside the scope of NLRA preemption. Therefore, the court affirmed the judgment of the district court.