Nunn

By participating in a federal-state partnership that regulates apprenticeship standards, California encourages employers and unions to support training and education programs for citizens who seek access to the building construction trades and other skilled jobs. Although the goal of California’s apprenticeship programs is to promote economic opportunity, its regulations have caused considerable concern to the employers affiliated with the Associated Builders and Contractors of Southern California, Inc. (“Associated Builders”). In February 2002, Associated Builders sought an injunction to prevent California officials from implementing amendments to 8 CaLCode Regs. § 208(b)-(c), the subsections of California’s regulations that establish minimum wages and benefits on public and private construction projects for state-registered apprentices.

Associated Builders argues that these provisions, as amended, are preempted by the Employee Retirement Income Security Act (“ERISA”), 88 Stat. 829 , codified as amended at 29 U.S.C. § 1001 et seq., and by the National Labor Relations Act (“NLRA”), 49 Stat. 449 , codified as amended at 29 U.S.C. § 151 et seq. The district court denied Associated…