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MICHIGAN BLDG. AND CONST. TRADES COUNCIL v. SNYDER

Nos. 12-1246, 12-2548.

729 F.3d 572 (2013)

MICHIGAN BUILDING AND CONSTRUCTION TRADES COUNCIL and Genesee, Lapeer, Shiawassee Building and Construction Trades Council, AFL-CIO, Plaintiffs-Appellees, v. Richard SNYDER, Governor of the State of Michigan, in his official capacity, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Dennis J. Raterink , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. John R. Canzano , McKnight, McClow, Canzano, Smith & Radtke, P.C., Southfield, Michigan, for Appellees. ON BRIEF: Dennis J. Raterink , Susan Przekop-Shaw , Dan V. Artaev , Christopher W. Braverman , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. John R. Canzano , McKnight, McClow, Canzano, Smith & Radtke, P.C., Southfield, Michigan, Terry R. Yellig , Victoria L. Bor , Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for Appellees.

ROGERS, J., delivered the opinion of the court, in which SILER, J., joined. MOORE, J., (pp. 14-32), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Project labor agreements are contracts typically used in the construction industry to set common terms and conditions of employment for large projects involving multiple subcontractors and unions. The question on this appeal is whether the State of Michigan — with respect to the construction of public projects — can make an across-the-board determination not to require that its contractors enter into such agreements...

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