Document Type

Article

Publication Date

1-27-1993

Abstract

Plaintiff-appellant Joint Apprenticeship and Training Council of Local 363, International Brotherhood of Teamsters, AFL-CIO ("JATC") brought the action giving rise to this appeal in the United States District Court for the Southern District of New York (Freeh, J.), to enjoin defendants-appellees New York State Department of Labor ("NYSDOL"); John Hudacs, in his capacity as Industrial Commissioner of the State of New York; and Robert Abrams, in his capacity as Attorney General of the State of New York, from deregistering its apprenticeship training program ("ATP"). The district court granted summary judgment for defendants, rejecting plaintiff's argument that the Employee Retirement Income and Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. (1988), preempted NYSDOL's authority. The district court 591*591 found that NYSDOL's authority to deregister ATPs is derived from federal regulations promulgated to enforce the National Apprenticeship Act of 1937 ("the Fitzgerald Act"), 29 U.S.C. § 50 (1988). For the reasons set forth below, we affirm the judgment of the district court.

Comments

984 F.2d 589 (1993) JOINT APPRENTICESHIP AND TRAINING COUNCIL OF LOCAL 363, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Plaintiff-Appellant,

v.

NEW YORK STATE DEPARTMENT OF LABOR, John Hudacs, Industrial Commissioner of the State of New York and Robert Abrams, Attorney General of the State of New York, Defendants-Appellees, The Joint Industry Board of the Electrical Industry, Intervenor.

No. 371, Docket 92-7600. United States Court of Appeals, Second Circuit.

Argued October 19, 1992.

Decided January 27, 1993.

New York Law School location: File #1568, Box #130

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