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I.B.E.W., LOCAL 41 v. U.S. DEPT. OF HUD

Civ-85-1166C.

686 F.Supp. 66 (1988)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 41; National Electrical Contractors Association, Inc.; and Building Trades Council of Buffalo, New York & Vicinity, Plaintiffs, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and Samuel R. Pierce, Jr., as Secretary; Region II, Buffalo Area Office, U.S. Department of Housing and Urban Development and Joseph B. Lynch, Area Manager; Buffalo Municipal Housing Authority and David Echols, as Executive Director; and New York State Department of Labor and Lillian Roberts, as Commissioner of Labor, Defendants.

United States District Court, W.D. New York.

May 17, 1988.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Stuart M. Pohl, of counsel), Buffalo, N.Y., for plaintiffs.

U.S. Dept. of Justice (Frederick M. Morgan, Jr., of counsel), Washington, D.C., and Roger P. Williams, U.S. Atty. (Donald P. Simet, Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant U.S.

Robert Abrams, Atty. Gen. of the State of N.Y. (Andrew Schulz, of counsel), Albany, N.Y., for defendant New York State Dept. of Labor.

Damon & Morey (James N. Schmit, of counsel), Buffalo, N.Y., for defendant Buffalo Mun. Housing Authority and David J. Echols.

Blitman & King (Jules L. Smith, of counsel), Syracuse, N.Y., and Sherman, Dunn, Cohen, Leifer & Counts (Terry R. Yellig, of counsel), Washington, D.C., for amicus curiae Bldg. and Const. Trades Dept.

CURTIN, Chief Judge.

Plaintiffs bring five causes of action alleging that defendants have improperly determined and applied wage rates for work on projects under the Comprehensive Improvement Assistance Program [CIAP], 42 U.S.C. § 1437l.

CIAP, which is part of the United States Housing Act of 1937 [the "Housing Act"], 42 U.S.C. § 1437, et seq., authorizes the use of federal funds for the repair and renovation of public housing. The...

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