Garth Drabinsky v. Actors' Equity Association
Arbitration ERISA Antitrust FirstAmendment LaborRelations EmploymentDiscrimina Privacy JusticiabilityDoctri
Whether the statutory labor exemption provides blanket antitrust immunity to unions through Rule 12(b)(6) dismissal when the union's justification is alleged to be false
QUESTION PRESENTED The “statutory labor exemption” to federal antitrust laws immunizes from liability labor organizations that are “lawfully carrying out the[ir] legitimate object[ives].” 15 U.S.C. § 17; see also 29 U.S.C. § 52. But the statutory labor exemption applies only “so long as a union acts in its self-interest.” United States v. Hutcheson, 312 U.S. 219, 229-33 (1941). And it is not enough for a union to merely act in its self-interest; it must, instead, act in its “legitimate interests.” H.A. Artists & Assocs., Inc. v. Actors’ Equity Ass’n, 451 U.S. 704 (1981). The question presented here is: ¢ Does the statutory labor exemption— which requires that unions act pursuant to a legitimate unions with blanket immunity from the antitrust laws such that they can avoid a factual inquiry into their actions, and thereby deprive the plaintiff of both due process and his livelihood in perpetuity, through a Rule 12(b)(6) dismissal, when the justification given by the union for its conduct was pled to be false?