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
- 29 U.S.C. §§ 159
- 26 Stat. 209
- 49 Stat. 449
- 29 U.S.C. § 151
- 86 Stat. 816
- 33 U.S.C. § 1251
- 29 U.S.C. § 158
- 29 U.S.C. § 158
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