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New England Regional Council of Carpenters v. Connecticut Ironworkers Employers Association, Inc., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 16-485-cv · judgment August 23, 2017
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Questions presented
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Whether the Second Circuit Court of Appeals erred by ruling, contrary to other federal courts of appeal, that subcontracting agreements between employers and a labor union permitted by the construction industry exception to 29 U.S.C. § 158(e), enacted to allow construction industry collective bargaining, do not qualify for the implicit exemption to antitrust.
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Whether the Second Circuit Court of Appeals erred when it ruled that a violation of labor law removes a labor union’s conduct from shelter under the implicit exemption for antitrust violations.
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Whether the Second Circuit Court of Appeals erred by ruling that work assignments are not mandatory subjects of bargaining, in conflict with other federal courts of appeal.
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Whether the Second Circuit Court of Appeals erred in assuming, contrary to this Court’s precedent, that labor unions have antitrust standing to sue other labor unions for their union members’ lost employment opportunities in the labor market. (i)
Counsel of record
For petitioner
Sook Yun Won
DeCarlo & Shanley, APC
For respondent
Ronald C. Gladney
Hartnett Gladney Hetterman, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 16 2018Petition DENIED.
- Mar 21 2018DISTRIBUTED for Conference of 4/13/2018.
- Mar 01 2018Brief of respondents Connecticut Ironworkers Employers Association, Inc., et al. in opposition filed.
- Jan 23 2018Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2018.
- Jan 17 2018Motion to extend the time to file a response from February 1, 2018 to March 5, 2018, submitted to The Clerk.
- Dec 22 2017Petition for a writ of certiorari filed. (Response due February 1, 2018)