Electrical Contractors, Inc. v. Department of Education

Summary

The court held that the electrical contractor had standing to challenge mandatory project labor agreement requirements because it submitted bids and made a colorable factual showing that the requirements impaired competition and disadvantaged nonunion contractors. The individual employees lacked standing because they neither bid nor were directly compelled to join a union or pay union fees, while the contractor had statutory standing to bring its antitrust claim. The claims were not preempted by federal labor law, but the claims against the state defendants were barred by sovereign immunity. The judgment was therefore reversed in part and affirmed in part.