Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee

Good Law

685 F. Supp. 718·1988 WL 42058·9 Employee Benefits Cas. (BNA) 2109·1988 U.S. Dist. LEXIS 3992

United States District Court, Northern District of CaliforniaMay 4, 1988C-87-2401-WWS, C-88-0804-WWSCalifornia3,777 words

Opinion

Schwarzer, J.

MEMORANDUM OF OPINION AND ORDER

In these consolidated actions, Hydrostorage, Inc., seeks injunctive and other relief against the California Division of Apprenticeship Standards (“DAS”), the Northern California Boilermakers Local Joint Apprenticeship Committee (“JAC”), and other defendants to prevent the enforcement against Hydrostorage of an order of DAS issued pursuant to California Labor Code § 1777.5.

Hydrostorage initially sought to enjoin the DAS hearing on an administrative complaint filed against it by JAC for noncompliance with § 1777.5. The Court declined relief without prejudice, pending the issuance by DAS of a final order. A pro posed order was issued on September 25, 1987, by a hearing officer. With minor modifications not relevant to the disposition of this matter, the DAS Appeals Board affirmed the order on January 28, 1988, and the California Apprenticeship Council (“CAC”) concurred. The order became effective March 1, 1988. Hydrostorage has exhausted its administrative remedies.

In the determination and order issued by DAS upon the complaint, it found that Hydrostorage was required to apply to the JAC for approval to train apprentices and to pay training fund…

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