A Narrow Preemption Exception

Citation:

Sharon Block. 10/23/2017. “A Narrow Preemption Exception.” onlabor.org. Publisher's Version
A Narrow Preemption Exception

Abstract:

In Airline Service Providers Association v. City of Los Angeles, the Ninth Circuit affirmed the district court’s dismissal of the contractors’ complaint, finding that the city’s contract clause was not preempted by the National Labor Relations Act, even though it clearly constituted a local government influencing the bargaining process between a private sector actor and the collective bargaining representative of its employees.  The court found such influence or interference tolerable by a municipal actor because it determined that the city was acting as a “market participant” not as a “regulator”.
Last updated on 10/23/2017