Associated General Contractors of America v. Metropolitan Water District of Southern California

Associated General Contractors of America, San Diego Chapter, Inc., brought this action against the Metropolitan Water District of Southern California for the purpose of preventing MWD from enforcing a project labor agreement (PLA) regarding MWD’s Eastside Reservoir Project and a similar PLA regarding MWD’s Inland Feeder Project. AGC argued that the PLAs were preempted by ERISA 1 and moved for a preliminary injunction. WTien that motion was denied, AGC appealed. Thereafter, the district court dismissed the action with prejudice, and AGC also appealed that dismissal. We affirm.

BACKGROUND

AGC is a trade association whose members include both general contractors and subcontractors. It exists to foster, protect and promote the common interests of its members. Its executive vice president declared that in pursuit of those goals it, among other things, “supports fair and nondiscriminatory competitive bidding practices for both public and private construction projects. AGC also *1180 is heavily involved with local, state and federal public works agencies to establish and maintain fair and nondiseriminatory competitive bidding practices.” In addition, it sponsors a retirement plan, a…