United States Second Circuit

Because the state's implementation of the prevailing wage statute through use of an annualization formula is not within the scope of the preemption doctrine as set forth in Lodge 76, Int'l Ass'n of Machinists & Aerospace Workers, AFL-CIO v. Wisconsin Employment Relations Comm'n, 427 U.S. 132 (1976)("Machinists"), the State's regulation enacted to implement New York's prevailing wage statute is not preempted by the National Labor Relations Act.

Appellate Information

• Decided 07/15/2003
• Published 07/15/2003

Judges

• HALL, District Judge., Before:  JACOBS, POOLER, Circuit Judges, and HALL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• J. Scott Greer, Lewis & Greer, P.C. (Veronica A. McMillan, on the brief), Poughkeepsie, NY, for Plaintiff-Appellee., Seth Kupferberg, Assistant Attorney General, State of New York (Eliot Spitzer, Attorney General;  Marion Buchbinder, Assistant Solicitor General;  M. Patricia Smith, Assistant Attorney General, on the brief), New York, New York, N.Y. for Defendants-Appellants.