Labor Relations Division of Construction Industries of Massachusetts, Inc. v. Healey

Plaintiffs, a group of construction-industry employers’ associations and employers, sought relief from a broad category of enforcement actions that may be brought under the Massachusetts Earned Sick Time Law (ESTL). Plaintiffs did so before any action to enforce the ESTL had been filed against any employer who was a party to a collective bargaining agreement (CBA). Plaintiffs argued that the ESTL was preempted by section 301 of the Labor-Management Relations Act with respect to those employers in the state who are parties to CBAs. Plaintiffs sought a judgment, inter alia, prohibiting the Massachusetts Attorney General from granting private rights of action to employees who are members of collective bargaining units. The district court dismissed the suit for failure to state a claim insofar as it constituted a facial, preemption-based challenge to the ESTL, and for lack of jurisdiction insofar as it represented an as-applied preemption-based challenge that was not ripe for adjudication. The First Circuit dismissed the suit for want of jurisdiction, holding that Plaintiffs’ request for pre-enforcement relief was not ripe for adjudication. View "Labor Relations Division of Construction Industries of Massachusetts, Inc. v. Healey" on Justia Law