Preemption - Labor Peace Agreements - Airports - market participant

CT
Chuck Thompson
Fri, Aug 25, 2017 2:51 PM

Yesterday, the 9th Circuit concluded in a 2-1 decision that the City of Los Angeles require business doing business at its airport to agree to certain language designed to prevent service disruptions.  The court unanimously concluded that the organizations suing the city had organizational standing and that the case should be remanded to allow the organizations to amend their complaints.  The court framed the case:
We must decide whether the City of Los Angeles, which operates Los Angeles International Airport ("LAX"), can require businesses at the airport to accept certain contractual conditions aimed at preventing service disruptions.1  Two air transport trade associations argue that the conditions are, in effect, municipal regulations preempted by federal labor law.  We hold that the City may impose the conditions in its capacity as proprietor of LAX and thus affirm dismissal of the Complaint.
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/23/15-55571.pdf

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland  20850
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC

Yesterday, the 9th Circuit concluded in a 2-1 decision that the City of Los Angeles require business doing business at its airport to agree to certain language designed to prevent service disruptions. The court unanimously concluded that the organizations suing the city had organizational standing and that the case should be remanded to allow the organizations to amend their complaints. The court framed the case: We must decide whether the City of Los Angeles, which operates Los Angeles International Airport ("LAX"), can require businesses at the airport to accept certain contractual conditions aimed at preventing service disruptions.1 Two air transport trade associations argue that the conditions are, in effect, municipal regulations preempted by federal labor law. We hold that the City may impose the conditions in its capacity as proprietor of LAX and thus affirm dismissal of the Complaint. http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/23/15-55571.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC