Golden State Transit Corp. v. City of Los AngelesGolden State Transit Corp. v. City of Los Angeles
Lead Opinion
delivered the opinion of the Court. '
In Golden State Transit Corp. v. Los Angeles,
I
A determination that
Second, even when the plaintiff has asserted a federal right, the defendant may show that Congress “specifically foreclosed a remedy under
Respondent argues that the Supremacy Clause,
In all cases, the availability of the
II
The nub of the controversy between the parties is whether the NLRA creates “rights” in labor and management that are protected against governmental interference. The city does not argue, nor could it, that a
In the NLRA, Congress has not just “occupied the field” with legislation that is passed solely with the interests of the general public in mind. In such circumstances, when congressional pre-emption benefits particular parties only as an incident of the federal scheme of regulation, a private damages remedy under
Golden State I was based on the doctrine that is identified with our decision in Machinists v. Wisconsin Employment Relations Comm’n, supra. That doctrine is fundamentally different from the rule of San Diego Building Trades Council v. Garmon,
The city’s contrary argument, that the NLRA does not secure rights against the State because the duties of the State are not expressly set forth in the text of the statute, is not persuasive. We have held, based on the language, structure, and history of the NLRA, that the Act protects certain rights of labor and management against governmental interference. While it is true that the rule of the Machinists case is not set forth in the specific text of an enumerated section of
The Machinists rule is not designed — as is the Garmon rule — to answer the question whether state or federal regulations should apply to certain conduct. Rather, it is more akin to a rule that denies either sovereign the authority to abridge a personal liberty. As much as the welfare benefits in Maine v. Thiboutot,
As we held in Golden State I, respondent’s refusal to renew petitioner’s franchise violated petitioner’s right to use permissible economic tactics to withstand the strike. Because
It is so ordered.
Notes
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
“As the City correctly notes, it did not, and could not, violate the NLRA, or Section 8(d) specifically, since it was not a party to the collective bargaining agreement between Golden State and its Teamster drivers but rather was merely a collateral third party to the collective bargaining process. Section 8(d) of the NLRA does not create rights and obligations with respect to third parties who are not parties to a collective bargaining agreement but who, in some way, come in contact with the collective bargaining process. Rather, Section 8(d) defines the concept of collective bargaining and the obligations of the parties engaged in collective bargaining, and, in the language at issue in this case, states that the failure to make a concession during collective bargaining negotiations is not an unfair labor practice. Thus, while the Supreme Court in this case relied on Section 8(d) in holding that the City’s action was preempted because it would have the effect of forcing a bargaining concession by Golden State, it would strain the language and purpose of the NLRA and misconstrue the import of the Supreme Court opinion to find that the City ‘directly violated’ Section 8(d) solely by virtue of the fact that it took some action preempted by that section.”
Article VI, cl. 2, of the United States Constitution provides:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Chapman involved the predecessor to
The Court of Appeals was thus mistaken in ruling that because the NLRB has exclusive jurisdiction to redress violations of the NLRA by labor and management, the federal courts do not have jurisdiction to address claims of governmental interference with interests protected by
Section 1(b) of the Taft-Hartley Act,
“It is the purpose and policy of this chapter ... to prescribe the legitimate rights of both employees and employers in their relations affecting commerce . . .
Garmon pre-emption divests a state court of jurisdiction over actions where the state law prohibits the same conduct that is arguably prohibited by the NLRA, see Sears, Roebuck & Co. v. Carpenters,
Referring to the substantive aspects of the collective-bargaining process, we wrote:
“Our decisions hold that Congress meant that these activities, whether of employer or employees, were not to be regulable by States any more than by the NLRB, for neither States nor the Board is ‘afforded flexibility in picking and choosing which economic devices of labor and management shall be branded as unlawful.’ [NLRB v. Insurance Agents,361 U. S. 477 , 498 (1960).] Rather, both are without authority to attempt to ‘introduce some standard of properly “balanced” bargaining power,’ id., at 497 (footnote omitted), or to define ‘what economic sanctions might be permitted negotiating parties in an “ideal” or “balanced” state of collective bargaining.' Id., at 500." Machinists,427 U. S., at 149—150.
Cf. Bomar v. Keyes,
Dissenting Opinion
with whom The Chief Justice and Justice O’Connor join, dissenting.
The majority concludes that
Our decision in Golden State Transit Corp. v. Los Angeles,
I
From the earliest cases interpreting our constitutional law to the most recent ones, we have acknowledged that a private party can assert an immunity from state or local regulation on the ground that the Constitution or a federal statute, or both, allocate the power to enact the regulation to the National Government, to the exclusion of the States. A litigant
I submit that the Court should not interpret
1 — 1 h-H
The NLRA creates two relations which encompass different legal interests. The statute creates the first relation between Golden State and the striking union. The statute establishes duties that Golden State and the union have to each other and, as correlatives of these duties, rights that they have against each other. Under the NLRA, for example, each has a duty to bargain in good faith and, as correlatives of these duties, each has a right to have the other bargain in good faith. See 29. U. S. C. § 158(d) (1982 ed.). The Court of Appeals was correct to determine that the allegations oi injury in this case do not implicate the rights and duties
The NLRA also creates a jural relation between the city and Golden State. Although the NLRA does not provide in any detailed way how a city should act when renewing an operating franchise, the statute does have a pre-emptive effect under the Supremacy Clause. When we analyzed this preemption in Machinists v. Wisconsin Employment Relations Comm’n,
The city’s lack of power gives rise to a correlative legal interest in Golden State that we did not discuss in Golden State I. The majority has chosen to call the interest a right. See ante, at 112. I would prefer to follow the familiar Hohfeldian terminology and say that Golden State has an immunity from the city’s interference with the NLRA. See Hohfeld, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, 23 Yale L. J. 16, 55-58 (1913) (defining the correlative of no power as an immunity). This terminology best reflects Congress’ intent to create the free zone of bargaining we described in Machinists. See
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The preceding analysis shows that Golden State has an immunity that arose out of a relation created by the NLRA. Unlike the majority, however, I do not think that the NLRA secures this immunity as contemplated by Chapman.
“Most of the provisions of the Constitution, which restrain and directly relate to the States, such as those in the tenth section of first article, that ‘no State shall make a treaty,’ ‘grant letters of marque,’ ‘coin money,’ ‘emit bills of credit,’ &c., relate to the divisions of the political powers of the States and General Governments. They do not relate directly to the rights of persons within the States and as between the States and such persons therein. These prohibitions upon the political powers of the States are all of such nature that they can be, and even have been, when the occasion arose, enforced by the courts of the United States declaring void all State*117 acts of encroachment on Federal powers. Thus, and thus sufficiently, has the United States ‘enforced’ those provisions of the Constitution. But there are some that are not of this class. These are where the court secures the rights or the liabilities of persons within the States, as between such persons and the States.” Id., at App. 69.
Representative Shellabarger spoke only of interests secured by the Constitution. Our cases in recent years have expanded the scope of
Pre-emption concerns the federal structure of the Nation rather than the securing of rights, privileges, and immunities to individuals. Although the majority finds the Machinists pre-emption doctrine “akin to a rule that denies either sovereign the authority to abridge a personal liberty,” ante, at 112, and describes the interest of being free of governmental regulation as a right specifically conferred by the NLRA on employers and employees, ibid., I cannot agree that federal law secures this legal interest within the meaning of
Golden State does not and cannot contend that a federal statute protects it from the city’s primary conduct apart from its governmental character. Machinists’ pre-emption, as noted above, rests upon the allocation of power rather than
Golden State’s immunity, as defined in Machnists, has nothing to do with the substance of the requirement imposed on its collective bargaining. The immunity, for instance, would not prevent the United States from exercising its power under the Commerce Clause to authorize the actions taken by the city. The immunity, rather, permits the company to object only that the wrong sovereign has attempted to regulate its labor relations. Golden State’s immunity does not benefit the company as an individual, but instead results from the Supremacy Clause’s separate protection of the federal structure and from the division of power in the constitutional system. Federal law, as such, does not secure this immunity to Golden State within the meaning of
The case before us differs from one in which the governmental character of the action itself constitutes only an element in the primary wrong that the injured party seeks to vindicate under the Constitution. See, e. g., Monroe v. Pape,
IV
By concluding that Golden State may not obtain relief under