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NEW ENGLAND HEALTH CARE EMP. v. MOUNT SINAI HOSP.

No. 2:92-CV-1012 (JAC).

846 F.Supp. 190 (1994)

NEW ENGLAND HEALTH CARE EMPLOYEES UNION DISTRICT 1199, SEIU AFL-CIO, Nina Milner for herself and as class representative for beneficiaries and participants of the New England Health Care Employees Health Fund, and New England Health Care Employees Welfare Fund, v. MOUNT SINAI HOSPITAL, Steven J. Bongard in his official capacity as Chairman of the Commission on Hospitals and Health Care, and Connecticut Hospital Association.

United States District Court, D. Connecticut.

February 25, 1994.

Attorney(s) appearing for the Case

Daniel E. Livingston, Susan Price-Livingston, Gould, Livingston, Adler & Pulda, Hartford, CT, for plaintiffs Union and Nina Milner.

John M. Creane, Michael E. Passero, Law Firm of John M. Creane, Milford, CT, for plaintiff New England Health Care Employees Welfare Fund.

Edward Wood Dunham, Karen L. Clute, Wiggin & Dana, New Haven, CT, for defendant Mount Sinai, Hosp. and the Connecticut Hosp. Ass'n.

Hugh Barber, Phyllis E. Hyman, Asst. Atty. Gen. for the State of Conn., Hartford, CT, for defendant Steven J. Bongard.

RULING ON MOTIONS FOR SUMMARY JUDGMENT

JOSÉ A. CABRANES, Chief Judge:

The questions presented are whether Connecticut's Uncompensated Care Pool Act, Conn.P.A. 91-2 and 92-16, as codified by Conn.Gen.Stat. § 19a-168 et seq., and as amended by Conn.P.A. 93-44 and 93-229 (the "Act"), is preempted by (1) the Employee Retirement Income Security Act, 29 U.S.C. § 1144(a) ("ERISA"), and (2) the National Labor Relations Act, 29 U.S.C...

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