ATC, LOCAL 363 v. New York State Dept. of Labor, 984 F. 2d 589 - Court of Appeals, 2nd Circuit 1993

Plaintiff-appellant Joint Apprenticeship and Training Council of Local 363, International Brotherhood of Teamsters, AFL-CIO ( JATC ) brought the action giving rise to this appeal in the United States District Court for the Southern District of New York (Freeh, J.), to enjoin defendants-appellees New York State Department of Labor ( NYSDOL ); John Hudacs, in his capacity as Industrial Commissioner of the State of New York; and Robert Abrams, in his capacity as Attorney General of the State of New York, from deregistering its apprenticeship training program ( ATP ). The district court granted summary judgment for defendants, rejecting plaintiff\u27s argument that the Employee Retirement Income and Security Act of 1974 ( ERISA ), 29 U.S.C. §§ 1001 et seq. (1988), preempted NYSDOL\u27s authority. The district court 591*591 found that NYSDOL\u27s authority to deregister ATPs is derived from federal regulations promulgated to enforce the National Apprenticeship Act of 1937 ( the Fitzgerald Act ), 29 U.S.C. § 50 (1988). For the reasons set forth below, we affirm the judgment of the district court