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BUILDING INDUSTRY ELEC. CONTRACTORS v. NEW YORK

Docket No. 11-3590-CV.

678 F.3d 184 (2012)

The BUILDING INDUSTRY ELECTRICAL CONTRACTORS ASSOCIATION, on behalf of itself and its members, United Electrical Contractors Association, on behalf of itself and its members, Plaintiffs-Appellants, v. The CITY OF NEW YORK, on behalf of itself and its various agencies, The Building and Construction Trades Council of Greater New York and Vicinity, on behalf of itself and its signatory affiliated Local Unions, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 4, 2012.

Attorney(s) appearing for the Case

Jennifer S. Smith ( Alan M. Pollack , on the brief), Robinson Brog Leinwand Greene Genovese & Gluck P.C., for Plaintiffs-Appellants.

Drake A. Colley , Assistant Corporation Counsel ( Edward F.X. Hart , on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee the City of New York.

Carol O'Rourke Pennington , Colleran, O'Hara & Mills, L.L.P., Garden City, NY, for Defendant-Appellee the Building and Construction Trades Council of Greater New York and Vicinity.

Victoria L. Bor , Terry R. Yellig , Sherman, Dunn, Cohen, Leifer & Yellig, PC, Washington, D.C., for Amicus Curiae Building and Construction Trades Department, AFL-CIO.

Gary Silverman , O'Dwyer & Bernstien LLP, New York, NY, for Amicus Curiae Local 363 United Service Workers Union.

Richard S. Brook , Law Office of Richard S. Brook, Mineola, NY, for Amicus Curiae Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO.

Before: KEARSE, JOHN M. WALKER, JR., and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Plaintiffs-Appellants the Building Industry Electrical Contractors Association ("BIECA") and United Electrical Contractors Association ("UECA") appeal the dismissal of their complaint challenging a number of agreements entered into by the City of New York with respect to labor conditions on certain City construction projects. Appellants argue that the agreements regulate the labor market and are therefore preempted by the National Labor...

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