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BOISE CASCADE CORP. v. PETERSON

Civ. No. 4-90-48.

735 F.Supp. 1434 (1990)

BOISE CASCADE CORPORATION, a Delaware corporation, BE & K Construction Company, a Delaware corporation, Charles L. Lee, Relco Unisystems Corporation, a Minnesota corporation, Forrest Dahmes, Mid-State Mechanical Services, Inc., a Minnesota corporation, Kristine Southard, Plaintiffs, v. Kenneth PETERSON, Commissioner of the Department of Labor and Industry, State of Minnesota, Defendant. and Minnesota Mechanical Contractors Association, Inc. Intervenor.

United States District Court, D. Minnesota, Fourth Division.

April 27, 1990.

Attorney(s) appearing for the Case

David P. Pearson, Lloyd W. Grooms, Winthrop & Weinstine, St. Paul, Minn., for plaintiffs Boise Cascade Corp., BE & K Const. Co. and Charles L. Lee.

Lowell J. Noteboom, Robert P. Thavis, Leonard, Street & Deinard, Minneapolis, Minn., for plaintiffs Relco Unisystems Corp., Forrest Dahmes, Mid-States Mechanical Services, Inc. and Kristine Southard.

Hubert H. Humphrey, III, Minnesota Atty. Gen., and Scott R. Strand, Asst. Atty. Gen., St. Paul, for defendant.

Marshall H. Tanick, Teresa J. Ayling, Mansfield & Tanick, Minneapolis, Minn., for intervenor.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

Plaintiffs have filed suit to enjoin implementation of a state administrative rule mandating a specific minimum ratio of licensed journeymen pipefitters for each apprentice pipefitter at all jobsites where high pressure pipefitting is being performed.1 Plaintiffs argue that the rule is preempted both by the Employee Retirement Income Security Act (ERISA) and the National Labor...

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