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United States Sixth Circuit


Assoc. Builders & Contractors v. Michigan Dep't of Labor & Econ. Growth, 07-1639, 07-1649, 07-1654

ERISA does not preempt two provisions of a Michigan law governing the training of apprentice electricians since, under applicable Supreme Court precedent: 1) the substantive standards to be applied to apprenticeship training programs are quite remote from the areas with which ERISA is expressly concerned; and 2) there is a paucity of indication in ERISA and its legislative history of any intent on the part of Congress to preempt state apprenticeship training standards.

Appellate Information

  • Decided 09/16/2008
  • Published 09/16/2008

Judges

  • Before: SUTTON and COOK, Circuit Judges;  ROSE, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Dennis Raterink, Office of the Attorney General, Lansing, Michigan, John R. Canzano, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Appellants.  David John Masud, Masud, Patterson, Schutter, Peters & Vary, Saginaw, Michigan, for Appellees.   ON BRIEF:  Dennis Raterink, Richard P. Gartner, Office of the Attorney General, Lansing, Michigan, John R. Canzano, Klimist, Mcknight, Sale, McClow & Canzano, Southfield, Michigan, for Appellants.  David John Masud, Katherine S. Gardner, Masud, Patterson, Schutter, Peters & Vary, Saginaw, Michigan, for Appellees.
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