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ASSOCIATED BUILDERS & CONTRACTORS, SAGINAW VALLEY AREA CHAPTER, et al., Plaintiffs-Appellees/Cross-Appellants, v. MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH, et al., Defendants-Appellants/Cross-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 91-10373—Thomas L. Ludington, District Judge.
Argued: July 23, 2008
Decided and Filed: September 16, 2008
Before: SUTTON and COOK, Circuit Judges; ROSE, District Judge.
SUTTON, Circuit Judge. “This is another Employee Retirement Income Security Act of 1974 (ERISA) pre-emption case,” De Buono v. NYSA-ILA Med. & Clinical Servs. Fund, 520 U.S. 806, 808 (1997), one that asks whether ERISA preempts two provisions of a Michigan law governing the training of apprentice electricians. Because “the substantive standards to be applied to apprenticeship training programs are . . . quite remote from the areas with which ERISA is expressly concerned,” and because of “the paucity of indication in ERISA and its legislative history of any intent on the part of Congress to pre-empt state apprenticeship training standards,” Cal. Div. of Labor Standards Enforcement v. Dillingham Constr., N.A., Inc., 519 U.S. 316, 330–31 (1997), we hold that ERISA does not preempt the provisions.