In Building and Construction Trades Council v. Associated Builders and Contractors of Massachusetts/Rhode Island, Inc., 507 U.S. 218, 113 S.Ct. 1190, 1196, 122 L.Ed.2d 565 (1993) ("Boston Harbor "), the Court confronted a situation in which a state agency was under a judicial order to complete a project within a set time frame. To prevent time-consuming work stoppages, the agency agreed to employ a union workforce in exchange for a no-strike guarantee. The Court distinguished Gould and found that such proprietary action was not subject to preemption by the NLRB. It found that the agency had focused on the government's own interests--uninterrupted completion to assure compliance with the court order--and had done so by striking the type of labor bargain a private company might have sought in similar circumstances. In Building & Constr. Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island, 507 U.S. 218, 224, 113 S.Ct. 1190, 1194, 122 L.Ed.2d 565 (1993) (Boston Harbor ), the Court's analysis of the behavior of the Massachusetts Water Resources Authority (MWRA) was based on the premise, stated after its summary of its precedent, that: When the State acts as regulator, it performs a role that is characteristically a governmental rather than a private role, boycotts notwithstanding. Moreover, as regulator of private conduct, the State is more powerful than private parties. These distinctions are far less significant when the State acts as a market participant with no interest in setting policy.... We left open in Gould the question whether a State may act without offending the pre-emption principles of the NLRA when it acts as a proprietor and its acts therefore are not "tantamount to regulation," or policy-making. Id. at 229, 113 S.Ct. at 1197. The premise on which the Court's further analysis rested, then, was that the Massachusetts governmental entity, MWRA, was not seeking to set general policy in the Commonwealth; it was just trying to operate as if it were an ordinary general contractor whose actions were "specifically tailored to one particular job, the Boston Harbor clean-up project." Id. at 232, 113 S.Ct. at 1198.