Washington State Electrical Contractors Association, Inc. Collins Electric Co. The Dalford Co. Pmc, Inc. v. Frank Forrest State of Washington

This is the second appeal in this attempt to impose antitrust liability upon defendants who, in their official or individual capacities, make and enforce minimum wage rates for apprentices in the performance of electrical contracts within the State of Washington. See Washington State Electrical Contractors Association v. Forrest, 839 F.2d 547 (9th Cir.1988).

The Supreme Court granted certiorari and vacated our judgment affirming the district court and remanded the case for further consideration in light of Patrick v. Burget, 486 U.S. 94 , 108 S.Ct. 1658 , 100 L.Ed.2d 83 (1988). Washington State Electrical Contractors Association v. Forrest, 488 U.S. 806 , 109 S.Ct. 38 , 102 L.Ed.2d 17 (1988).

Pursuant to the remand, the district court again considered the question of limited governmental antitrust immunity and concluded that because the defendants were acting pursuant to the state Apprenticeship Act, Wash.Rev.Code § 49.04.010 et seq., the Washington Apprenticeship Council was a state agency and thus it was not necessary to inquire into the degree of state supervision exercised by the state government over the activities of the Apprenticeship Council. The court then held the…