Sacramento Valley Chapter v. International Brotherhood of Electrical Workers

MEMORANDUM AND ORDER

The Sacramento Valley Chapter of the National Electrical Contractors Association (NECA) and several of its employer members (employers) filed a five-count complaint under §§ 301 and 303 of the Labor Management Relations Act (LMRA), 29 U.S.C. §§ 185 and 187, seeking damages from the International Brotherhood of Electrical Workers (IBEW), and its Local 340. In response, Local 340 filed a five-count counterclaim against both the plaintiffs and a separate counter-defendant, the National Association of Independent Unions (NAIU). It alleged violation of §§ 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26, and seeks damages and injunctive relief for alleged violations of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2.

This opinion considers the motion to dismiss the Local’s counterclaim. The cross-motions for summary judgment relative to plaintiffs’ complaint will be addressed in a separate opinion.

I

THE ALLEGATIONS OF THE COUNTERCLAIM

The counterclaim alleges that since 1942 Local 340 and NECA have been parties to successive collective bargaining agreements (“CBA’s”) or master labor agreements (“MLA’s”). Counterclaim at 11 8. At the end of February,…