Preemption - Labor Peace Agreements - Market Participant or Regulator

CT
Chuck Thompson
Tue, Oct 17, 2017 1:50 PM

Yesterday, the 9th Circuit on several motions for review of an opinion issued earlier this year reconsidered and essentially reaffirmed a decision that the City of Los Angeles could include within its contract with vendors at its airport (LAX) a "labor peace agreement". And, that in doing so it acted as a proprietor rather than a regulator thus avoiding preemption language in the NLRA, the RLA and ADA. In this new opinion, the court affirmed the District Court's decision to deny leave to amend.  As with its earlier opinion the court concluded that the trade associations had standing to bring the action.
AIRLINE SERV. PROVIDERS V. L.A. WORLD AIRPORTS http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/16/15-55571.pdf
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 4 04
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 on several motions for review of an opinion issued earlier this year reconsidered and essentially reaffirmed a decision that the City of Los Angeles could include within its contract with vendors at its airport (LAX) a "labor peace agreement". And, that in doing so it acted as a proprietor rather than a regulator thus avoiding preemption language in the NLRA, the RLA and ADA. In this new opinion, the court affirmed the District Court's decision to deny leave to amend. As with its earlier opinion the court concluded that the trade associations had standing to bring the action. AIRLINE SERV. PROVIDERS V. L.A. WORLD AIRPORTS http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/16/15-55571.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 4 04 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