Aubry

This appeal presents the question whether the impact of California’s prevailing wage law on a trainee/apprentieeship program not approved by California confers upon a trust that administers such a program standing to challenge the relevant provisions of the California Labor Code as preempted by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1144 (a). We hold that, in light of our decision in Dillingham Constr. N.A., Inc. v. County of Sonoma, 57 F.3d 712 (9th Cir.1995), as well as the direct regulation of the programs through the California approval process, the trust has standing.

I.

Appellant ABC National Line Erection Apprenticeship Training Trust (“ABC *345 Trust”) is an apprenticeship and training trust fund based in Boca Raton, Florida. It provides financial support for training electrical power line erectors and distribution employees, also called “outside wiremen,” for subscribing employers. Appellee Lloyd Au-bry, Jr. is the Director of the Department of Industrial Relations (“DIR”) and Administrator of Apprenticeship for the State of California. Appellee Victoria Bradshaw is the Labor Commissioner for the State of California and Chief Officer of the…