Unico Mechanical Corp., Alfred Conhagen Inc. of California v. Kamala Harris, in her official capacity as Attorney General for the State of California; Christine Baker, in her official capacity as the Director of the California Department of Industrial Relations; Diane Ravnik, in her official capacity as the Chief of the California Division of Appre
Published: Jan. 28, 2017 | Result Date: Dec. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-00996-JAM-DB Summary Judgment – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Ronald J. Holland II
(McDermott, Will & Emery LLP)
Ellen M. Bronchetti
(McDermott, Will & Emery LLP)
Jonathan P. Barker
(Sheppard Mullin Richter & Hampton)
Defendant
John W. Killeen
(Office of the Attorney General)
Facts
Unico Mechanical Corp. and Alfred Conhagen Inc. of California sued former Attorney General Kamala Harris; Industrial Relations Director Christine Baker, Chief of Apprenticeship Standards Diane Ravnik, and the California Secretary for Environmental Protection Matt Rodriguez.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs were contractors that performed construction, maintenance and repair work described in California Health and Safety Code Section 25536.7, as enacted under Senate Bill 54. Their workers were neither affiliated with nor represented by any union. Nor have their coworkers engaged in recent efforts to unionize. Plaintiffs contended that SB 24 was preempted by the National Labor Relations Act and the Employee Retirement Income Security Act. Plaintiffs also contended that Section 25536.7 violated the 14th amendment and was, therefore, unconstitutional. Plaintiffs moved for summary judgment on those grounds.
DEFENDANTS' CONTENTIONS:
Defendants filed a cross motion for summary judgment, disputing plaintiffs' preemption and constitutional violation allegations.
Result
The court granted the state defendants' motion for summary judgment.
Other Information
FILING DATE: May 7, 2015.
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