Sacramento Valley, Chapter of the National Electrical Contractors Association v. International Brotherhood of Electrical Workers, Local 340
Opinion
Opinion
Thompson, J.
FACTS AND PROCEEDINGS
The Sacramento Valley Chapter of the National Electrical Contractors Association and several of its employer members (collectively “NECA”) filed a five-count complaint under sections 301 and 303 of the Labor Management Relations Act, 29 U.S.C. §§ 185 and 187, seeking damages from the International Brotherhood of Electrical Workers (“IBEW”), and Local 340 of the IBEW (“Local 340”).
In response, Local 340 filed a counterclaim against both NECA and a separate counter-defendant, the National Association of Independent Unions (“NAIU”). It alleged violations of sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26, and sought damages and injunctive relief for alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. NECA moved to dismiss the counterclaim.
By published decision the district court dismissed Local 340’s counterclaim in its entirety pursuant to Fed.R.Civ.P. 12(b)(6). Sacramento Valley Chapter v. International Brotherhood of Electrical Workers, 632 F.Supp. 1403 (E.D.Cal.1986) (“Sa cramento ”). Applying Associated General Contractors of California, Inc. v. California State Council of Carpenters, et al., 459 U.S. 519 , 103…