Associated General Contractors, San Diego Chapter, Inc. v. Smith

California Apprenticeship Council (“CAC”) denied the application of Associated General Contractors Apprenticeship and Training Trust Fund (“AGC”) to expand its apprenticeship programs, because AGC had not demonstrated a need for the programs in the expanded area. AGC filed suit in district court, arguing that thé Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461 (1988), preempted application of the state law on which CAC based its denial. The district court granted summary judgment for AGC, and CAC appeals. AGC cross-appeals from the district court’s denial of its request for attorney fees under 42 U.S.C. § 1988 (1988).

FACTS

The state of California has created an administrative framework to regulate apprenticeship programs. The state’s Department of Industrial Relations contains a Division of Apprenticeship Standards, which in turn includes CAC, which oversees and administers apprenticeship programs in the state. CAC exercises approval authority over apprenticeship programs under the federal Fitzgerald Act, 29 U.S.C. § 50 (1988), and its implementing regulations, 29 C.F.R. §§ 29.1-29.13 . The Fitzgerald Act authorized the creation of labor standards…