MIDWEST PIPE INSULATION v. MD MECHANICAL

No. A07-1706.

771 N.W.2d 28 (2009)

MIDWEST PIPE INSULATION, INC., d/b/a MPI, Inc., Respondent, v. MD MECHANICAL, INC., Defendant, Minneapolis Pipefitters Union, Local 539, Appellant.

Supreme Court of Minnesota.

August 6, 2009.


Attorney(s) appearing for the Case

Brendan D. Cummins, Nicole M. Blissenbach, Miller-O'Brien-Cummins, P.L.L.P., Minneapolis, MN, for appellant.

Alec J. Beck, Douglas P. Seaton, Michael L. McCain, Seaton, Beck & Peters, P.A., Minneapolis, MN, for respondent.

Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for amicus curiae Building and Construction Trades Department, ALF-CIO.


OPINION

ANDERSON, G. BARRY, Justice.

This litigation arises out of a dispute over a market recovery program instituted by a construction union, and allegations by a nonunion contractor that it lost a contract as a result of union actions. We hold that the litigation at issue is preempted by the National Labor Relations Act, 29 U.S.C. §§ 151-169 (2006).

Respondent Midwest Pipe Insulation, Inc. (MPI) is a nonunion insulation contractor in...

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