HOTEL EMPLOYEES LOCAL 57 v. SAGE HOSPITALITY

No. 03-4168.

390 F.3d 206 (2004)

HOTEL EMPLOYEES & RESTAURANT EMPLOYEES UNION, LOCAL 57 v. SAGE HOSPITALITY RESOURCES, LLC, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 15, 2004.


Attorney(s) appearing for the Case

John M. O'Donnell, (Argued), Littler & Mendelson, Pittsburgh, PA, for Appellant.

Terry K. Leckman, Lipsitz, Nassau & Schwartz, Pittsburgh, PA, Arlus J. Stephens, (Argued), Davis, Cowell & Bowe, Washington, D.C., for Appellee.

Before NYGAARD, McKEE, and CHERTOFF, Circuit Judges.


CHERTOFF, Circuit Judge.

In this case, we examine whether federal labor law preempts the City of Pittsburgh's decision to condition a grant of tax increment financing upon the recipient's acceptance of a labor neutrality agreement. We must address how labor law preemption analysis applies when local government seeks to affect labor relations on a publicly financed development project. For the reasons stated below, we hold that the City is not preempted from requiring...

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