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SUN-LAND NURSERIES v. SOUTHERN CAL. DIST. COUNCIL

No. 85-6029.

793 F.2d 1110 (1986)

SUN-LAND NURSERIES, INC., a California corporation, Plaintiff-Appellant, v. SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS; Affiliated Laborers Local Union 300; Affiliated Laborers Local Union 652; and Affiliated Laborers Local Union 1082, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Scott A. Wilson, Littler, Mendelson, Fastiff & Tichy, San Diego, Cal., for plaintiff-appellant.

Julius Reich, Reich, Adell & Crost, Los Angeles, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, KENNEDY, FLETCHER, PREGERSON, ALARCON, CANBY, BOOCHEVER, NORRIS, REINHARDT, WIGGINS and BRUNETTI, Circuit Judges.

BOOCHEVER, Circuit Judge:

In this appeal we are required to construe a provision of the National Labor Relations Act (NLRA) and to reconcile policies expressed in labor and antitrust legislation.

Sun-Land Nurseries, Inc. (Sun-Land) appeals from a summary judgment denying its claims under the NLRA and sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2 (1982). It contends that collective bargaining agreements restricting subcontracting to employers...

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