Dear
Inland Empire Chapter of Associated General Contractors of America v. Dear
Opinion
Lead Opinion
Kleinfeld, J.
Opinion by Judge Kleinfeld.
We apply our recent decision in Dillingham Const. N.A., Inc. v. County of Sonoma, 57 F.3d 712 (9th Cir.1995), cert. granted, U.S.-, 116 S.Ct. 1415 , - L.Ed.2d - (1996), to a similar Washington regulatory scheme.
FACTS
Plaintiffs are associations of construction contractors and a school. They sponsor training programs, in the nature of apprenticeships, for carpenters and other craftsmen. The trainees are paid less than journeymen’s wages.
The State of Washington has a “Little Davis-Bacon Act,” requiring that workers on state public works construction projects must receive the “prevailing rate.” ROW 39.12.020. There is an exception for apprentices, who can be paid the prevailing rate for apprentices in the trade. RCW 39.12.021. That is the provision the contractors want to take advantage of with their training program. But the exception operates only if the apprenticeship program has been approved by the state apprenticeship council. Id. If the apprenticeship program is not state approved, then the apprentices have to be paid as much as “a fully qualified journey level worker.” Id.