Legal Opinion

Hotel Employees & Restaurant Employees Union, Local 57 v. Sage Hospitality Resources, LLC

Court of Appeals for the Third Circuit

Decided November 15, 2004No. 18-1838PublishedCited by 44 opinions

1Opinion of the Court

CHERTOFF, Circuit Judge.

In this case, we examine whether federal labor law preempts the City of Pittsburgh’s decision to condition a grant of tax increment financing upon the recipient’s acceptance of a labor neutrality agreement. We must address how labor law preemption analysis applies when local government seeks to affect labor relations on a publicly financed development project. For the reasons stated below, we hold that the City is hot preempted from requiring parties receiving tax increment financing to sign a labor neutrality agreement.

I

In early 1998, Sage Hospitality Resources, LLC…

2Cases cited25 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  3. Susan Farrell v. Planters Lifesavers Company Nabisco, IncCourt of Appeals for the Third Circuit · 2000
  4. National Labor Relations Board v. Wyman-Gordon Co.Supreme Court of the United States · 1969
  5. Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations CommissionSupreme Court of the United States · 1976

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3Cited by44 opinions

  1. Retail Property Trust v. United Brotherhood of Carpenters & Joiners of AmericaCourt of Appeals for the Ninth Circuit · 2014
  2. TRI-M GROUP, LLC v. SharpCourt of Appeals for the Third Circuit · 2011
  3. Adcock v. FREIGHTLINER LLCCourt of Appeals for the Fourth Circuit · 2008
  4. Northern Illinois Chapter of Associated Builders & Contractors, Inc. v. LavinCourt of Appeals for the Seventh Circuit · 2005
  5. Metropolitan Milwaukee Association of Commerce v. Milwaukee CountyCourt of Appeals for the Seventh Circuit · 2005

39 more not listed; retrieve them via the Exa API.

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