Minnesota Chapter of Associated Builders & Contractors, Inc. v. Minnesota Department of Public Safety

267 F.3d 807
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 5, 2001
Docket00-3230
StatusPublished
Cited by4 cases

This text of 267 F.3d 807 (Minnesota Chapter of Associated Builders & Contractors, Inc. v. Minnesota Department of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Chapter of Associated Builders & Contractors, Inc. v. Minnesota Department of Public Safety, 267 F.3d 807 (8th Cir. 2001).

Opinions

GAITAN, District Judge.

This case presents the issue of whether portions of the Minnesota Sprinkler Fitter statute and rules which require contractors to adopt approved apprenticeship programs is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. (“ERISA”). The district court held that the statute and rules were preempted and issued a permanent injunction preventing enforcement of the apprenticeship regulations. We exercise jurisdiction pursuant to 28 U.S.C. [809]*809§ 1291 and 28 U.S.C. § 1292(a)(1) and affirm.

I. BACKGROUND

In 1992, the Minnesota legislature passed the Sprinkler Fitter Licensing Law which comprehensively regulated the fire protection industry in Minnesota. See, 1992 Minnesota Laws, Chap. 508. The statute was codified as Minn.Stat. Chap. 299M. Section 299M.04 gave statutory authority to the Minnesota Department of Public Safety to promulgate rules governing Chap. 299M. One of the statutory provisions of the Sprinkler Fitter Licensing statute was the requirement that only licensed journeymen and registered apprentices could perform fire protection work. The law required apprentices to be actively enrolled in a registered apprenticeship program and registered with a federal or state agency that approved apprenticeship programs.

In 1994, the Minnesota Department of Public Safety issued rules putting into effect the statutory provisions of Minn.Stat. Chap. 299M. The rules defined “federal approval agency” as “the United States Department of Labor, Bureau of Apprenticeship and Training” and the “state approval agency” was defined as “the Department of Labor and Industry or a state agency in Minnesota or another state if the commissioner determines that the state agency approves training programs and monitors apprentice or trainee progress in a manner comparable to that done by the Department of Labor and Industry or by the United States Department of Labor, Bureau of Apprenticeship ,and Training.” Minn.R. 7512.0100, subps. 7,14.

The statute and rules require all Minnesota sprinkler contractors to maintain an apprenticeship program approved by the Minnesota Department of Labor and Industry and to register all of their apprentices in the approved apprenticeship program. Minn.R. 7512.0100, subps. 1, 7, 14; Minn.R. 7512.0900, subp. 3; Minn.R. 7512 .2100. Contractors without an approved program could not employ apprentices in the state.

To obtain an approved apprenticeship program, contractors had to meet a number of requirements: 1) the apprenticeship program had to be of the same duration as the majority of apprenticeship programs on file with the Department of Labor and Industry; Minn.Stat. § 178.06; Minn.R. 5200.0320, subp. 1; Minn.R. 5200.0390, subp. 1; 2) the apprentice wage structure had to be based on the prevailing wage for sprinkler fitters in the county in which the contractor was headquartered, Minn.R. 5200.0390, subp. 2; 3) contractors had to adopt the same graduated pay scale for apprentices as was found in the majority of apprenticeship programs on file with the Department of Labor and Industry, Minn.R. 5200.0320, subp. 10; 'Minn.R. 5200.0390, subp. 1; 4) apprenticeship programs had to provide for at least 144 hours of “related” or classroom instruction per year, Minn.Stat. § 178.07, Minn.R. 5200.0320, subp. 11; and 5) contractors had to register apprentices in accordance with the journeyman-apprentice ratios established by the Department of Labor and Industry.2

In 1994, plaintiffs, the Minnesota Chapter of Associated Builders and Contractors (“ABC”) and certain affiliated contractors, brought suit in the district court seeking to enjoin portions of the Minnesota statute [810]*810and rules governing the apprenticeship programs. The parties stipulated to a temporary injunction barring enforcement of the statute and rules while the court determined the issues raised in the complaint. In early 1995, the parties filed cross motions for summary judgment and in March 1996, the district court issued an order finding that the statute and rules were preempted by ERISA and permanently enjoined the State Department of Public Safety from enforcing those provisions of the statute and rules. That order and permanent injunction were not appealed and remain in effect. The statute and rules have not been repealed or changed since the injunction was issued.

On February 1, 2000, Sprinkler Fitters Local 417, a labor organization representing journeyman and registered apprentice sprinkler fitters in the State of Minnesota, moved to intervene in the case and to have the injunction dissolved due to an intervening change in the law. The union claimed that the Supreme Court’s decision in California Div. of Labor Standards Enforcement v. Dillingham Construction, N.A. Inc., 519 U.S. 316, 117 S.Ct. 832, 136 L.Ed.2d 791 (1997), made the injunction “inappropriate,” in light of new criteria established by the Court for determining whether ERISA preempted state law. ABC opposed the motion. The district court granted the union’s motion to intervene, but denied the motion to dissolve the injunction. The union filed the instant appeal.

The district court - in its order denying the motion to dissolve the injunction noted that the Supreme Court in Dillingham recognized a distinction between laws which created incentives for the adoption of an approved apprenticeship plans or created indirect economic incentives, and those laws such as the Minnesota statute and rules, which required the adoption of an approved apprenticeship plans. The district court also found that the Supreme Court had not specifically overruled its earlier ERISA precedents, including those on which Boise Cascade Comp. v. Peterson, 939 F.2d 632 (8th Cir.1991), cert. denied, 505 U.S. 1213, 112 S.Ct. 3014, 120 L.Ed.2d 887 (1992) were based. The district court thus found that Minnesota’s statute and rules “related to” an ERISA plan under the “connection with” prong and were therefore preempted by ERISA.

The issue of whether the injunction issued by the district court has any continued legal basis is purely a question of law which we review de novo.

II. DISCUSSION

A. ERISA Preemption

“ERISA, codified at 29 U.S.C. § 1001-1461 (1994) ‘is a comprehensive statute that sets certain uniform standards and requirements for employee benefit plans.’ ” Wilson v. Zoellner, 114 F.3d 713, 715 (8th Cir.1997), quoting, Arkansas Blue Cross & Blue Shield v. St. Mary’s Hosp., Inc., 947 F.2d 1341, 1343 n. 1 (8th Cir.1991), cert. denied, 504 U.S. 957, 112 S.Ct. 2305, 119 L.Ed.2d 227 (1992).

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267 F.3d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-chapter-of-associated-builders-contractors-inc-v-minnesota-ca8-2001.