Legal Opinion

Building Trades Employers' Educational Ass'n v. McGowan

Court of Appeals for the Second Circuit

Decided November 20, 2002No. Docket No. 01-7775PublishedCited by 28 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge.

In this appeal, we consider the impact of two federal labor law doctrines of preemption on the regulatory activities of a state agency. In April 1999 plaintiffs, an association of electrical contractors, its member contractors, and its educational benefit fund filed an application with the defendants, the New York State Department of Labor and its Commissioner (collectively defendant or State Labor Department), for registration of their apprenticeship training program (apprenticeship program or program). Defendant refused to process plaintiffs’ application because in…

2Cases cited18 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  3. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  4. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
  5. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978

13 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. City of Bangor v. Citizens Communications Co.Court of Appeals for the First Circuit · 2008
  2. Healthcare Ass'n of New York State, Inc. v. PatakiCourt of Appeals for the Second Circuit · 2006
  3. Webster v. FischerDistrict Court, N.D. New York · 2010
  4. Delaware Riverkeeper Network v. Secretary of the Pennsylvania Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2017
  5. Domnister v. Exclusive Ambulette, Inc.Court of Appeals for the Second Circuit · 2010

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