Bragdon
Chamber of Commerce of the United States v. Bragdon
Opinion
Lead Opinion
Hug, J.
Opinion by Circuit Judge HUG; Concurrence by Circuit Judge FLETCHER.
The question in this case is the validity of an ordinance mandating that employers pay “prevailing wages” to their employees on wholly private construction projects. The district court found that the Ordinance was pre-empted by the National Labor Relations Act, 29 U.S.C. §§ 157-158 (1988) (“NLRA”), and the Employee Retirement Income Security Program Act, 29 U.S.C. §§ 1001-1461 (1990) (“ERISA”), and was a violation of the Contracts Clauses of the California and United States Constitutions. We hold that the Ordinance is invalid because it is pre-empted by the NLRA and, thus, do not reach the other grounds upon which the district court based its decision.
The district court had jurisdiction pursuant to 28 U.S.C. § 1331 (1988). The appeal is timely, and this court has jurisdiction under 28 U.S.C. § 1291 (1988).
I.
FACTS
On August 21, 1990, the Board of Supervisors of Contra Costa County, California, passed Ordinance No. 90-72 that added Division 526 to the County Ordinance Code. The division was entitled “Prevailing Wages for Industrial Construction.” Division 526 was subsequently amended on December 4, 1990,…
Concurring Opinion
Fletcher, J.
concurring:
I concur in the result of the majority opinion in the above-entitled case.