National Ass'n of Broadcast Employees & Technicians v. International Alliance of Theatrical Stage Employees

The National Association of Broadcast Employees and Technicians (NABET) and its Local No. 531, the Association of Film Craftsmen, brought these actions against the International Alliance of Theatrical Stage Employees (IATSE), 13 of its affiliated locals, and ten distributors and producers of motion pictures. In Count I they seek treble damages under Section 4 of the Clayton Act ( 15 U.S.C. § 15 ), alleging a conspiracy in restraint of trade in violation of the Sherman Anti-Trust Act ( 15 U.S.C. § 1 ). In Count II they allege a state claim for breach of contract, relying upon the doctrine of pendent jurisdiction. The district court entered orders dismissing the complaints for failure to state a claim. 1 We affirm.

In summarizing their contentions, appellants state that they have alleged “the existence of a combination of business and labor interests” which has “restrained trade and stifled competition in the production, sale and distribution of motion pictures”. They contend that “All participants in the combination, the unions and producers and distributors alike, are liable under the Sherman Act to NABET for the injury done to its members as a direct result of defendants’…