Local 3-689, Oil, Chemical & Atomic International Union v. Martin Marietta Energy Systems, Inc. Department of Energy

SILER, Circuit Judge.

Plaintiff Local 3-689, Oil, Chemical & Atomic International Union (“the union”) appeals the district court’s dismissal of its claims against defendants Martin Marietta Energy Systems, Inc. (“MMES”) and the Department of Energy (“the DOE”) brought pursuant to the Energy Policy Act of 1992 (“the Energy Act”) and the National Labor Relations Act (“NLRA”). The union attacks three findings of the district court: the Energy Act did not give the union a private right of action; sovereign immunity protected the DOE against the union’s claims; and the NLRA did not provide the…