Supreme Court of the United States

Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors Of…

March 8, 1993507 U.S. 218

Summary

Justice Blackmun delivered the unanimous opinion holding that the NLRA does not pre-empt Massachusetts Water Resources Authority's enforcement of a valid project labor agreement through a bid specification for the Boston Harbor cleanup. The authority acted as a proprietor purchasing construction services, not as a regulator, and its project-specific requirements served efficiency, cost, and timely completion interests analogous to those of a private purchaser. Neither Garmon nor Machinists pre-emption therefore applied. The Court reversed the Court of Appeals' judgment requiring a preliminary injunction and remanded for further proceedings. It declined to address the separate argument under § 8(d), which was outside the question on which certiorari was granted. There were no separate opinions.

Holding

  • Whether Garmon or Machinists pre-emption bars the authority's project-specific bid requirement enforcing a valid construction-industry labor agreement.. Bid Specification 13.1 constitutes proprietary conduct rather than government regulation and is subject to neither Garmon nor Machinists pre-emption; a preliminary injunction against its enforcement was therefore improper.

Docket 91-261

Cited authorities

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