Brock

In this appeal, appellants (“Workers”), who are members of the International Brotherhood of Electrical Workers (“IBEW’), challenge appellee IBEW Local 357’s (“Local 357”) requirement that they pay a two percent gross wage assessment to support Local 357’s Jobs Targeting Program (“JTP”). The Workers contend that this assessment violates the Davis-Bacon Act, 40 U.S.C. § 276a(a). We agree and reverse the district court’s grant of summary judgment in favor of Local 357.

I.

The Workers are not members of Local 357, but are members of other IBEW locals (their “home locals”). The Workers were employed within Local 357’s jurisdiction as “travelers” on a project covered by the Davis-Bacon Act. Local 357’s Bylaws require members of the local and travelers alike to pay “working dues” to Local 357. Bylaws of Local Union No. 357 (“Bylaws”), Art. XI, § 6(d). In addition to the working dues that each worker pays to Local 357, Local 357 also requires each IBEW member working within its jurisdiction under an “inside” collective bargaining agreement to pay an additional two percent of his or her gross wages directly to Local 357’s JTP. Bylaws Art. XI, § 6(a). 1 The Workers were employed under an…