General Electric Co. v. New York State Department of Labor

CARDAMONE, Circuit Judge:

This appeal challenges the validity of New York Labor Law § 220 (McKinney 1990). Appellant General Electric Company (GE) claims that the statute violates the due process clause of the Fourteenth Amendment, both on its face and as applied in this case because it unconstitutionally delegates authority to private parties to set prevailing wage rates. It also claims § 220 is unconstitutionally vague and is preempted by the National Labor Relations Act, 29 U.S.C. § 151, et seq. Finally, GE argues that § 220’s provisions relating to wage supplements — which we have…