Supreme Court of the United States · Official docket →
Interpipe Contracting, Inc. v. Xavier Becerra, Attorney General of California, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55248, 17-55263 · judgment July 30, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Chamber of Commerce v. Brown, 554 U.S. 60 (2008) holds that noncoercive labor speech is protected by the NLRA, and any state statute that interferes with such protected speech is preempted. Prior to the enactment of California’s SB 954 in 2017, Interpipe, through its Industry Advancement Fund (“IAF”), lobbied against Project Labor Agreements (“PLAs”), which are pre-hire collective bargaining agreements imposed “top down” on employees without their vote or consent. In contrast to Interpipe’s advocacy against PLAs, unions and IAFs that are funded by unionized employers lobby in favor of PLAs. Interpipe and other open shop contractors made contributions to their IAF, ABC-CCC, from 2005 through
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In 2017, SB 954 changed California’s prevailing wage laws to eliminate prevailing wage credits for contributions to IAFs unless they are required by a collective bargaining agreement. This effectively eliminated all of ABC-CCC’s funding and silenced its advocacy against PLAs. Union funded advocacy in favor of PLAs is unchanged under SB 954. The two issues presented by Interpipe include:
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Does protected labor speech under Chamber of Commerce v. Brown include advocacy opposing “top down” union organizing campaigns that seek to impose project labor agreements (PLAs), thus providing a legal basis for Interpipe’s “as applied” NLRA preemption challenge to SB 954?
Counsel of record
For petitioner
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For respondent
Seth Eden Goldstein
California Attorney General's Office
Proceedings
- Jun 24 2019Motion for leave to file amicus brief out of time filed by Associated General Contractors of America DENIED.
- Jun 24 2019Petition DENIED.
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- May 20 2019Brief of respondents Xavier Becerra, Attorney General of California, et al. in opposition filed. VIDED
- May 20 2019Motion for leave to file amicus brief filed by Associated General Contractors of America.
- Apr 09 2019Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2019, for all respondents.
- Apr 05 2019Motion to extend the time to file a response from April 18, 2019 to May 20, 2019, submitted to The Clerk.
- Mar 19 2019Response Requested. (Due April 18, 2019)
- Mar 18 2019Brief amicus curiae of The U.S. Chamber of Commerce filed. VIDED.
- Mar 13 2019DISTRIBUTED for Conference of 3/29/2019.
- Mar 05 2019Waiver of right of respondents Christine Baker, California Director of Industrial Relations; and Julie A. Su, California Labor Commissioner to respond filed.
- Mar 05 2019Waiver of right of respondent Xavier Becerra, in his official capacity as Attorney General of the State of California to respond filed.
- Feb 12 2019Petition for a writ of certiorari filed. (Response due March 18, 2019)
- Dec 07 2018Application (18A593) granted by Justice Kagan extending the time to file until February 18, 2019.
- Dec 04 2018Application (18A593) to extend the time to file a petition for a writ of certiorari from December 20, 2018 to February 18, 2019, submitted to Justice Kagan.