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GENERAL ELEC. v. NEW YORK STATE DEPT. OF LABOR

No. 692, Docket 90-7672.

936 F.2d 1448 (1991)

GENERAL ELECTRIC COMPANY, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR; Thomas F. Hartnett, Industrial Commissioner of the State of New York; Charles Drobner, Director of Public Work, New York State Department of Labor; Robert Abrams, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

James S. Frank, New York City (Virgil B. Day, Marc S. Wenger, Neil A. Capobianco, Vedder, Price, Kaufman, Kammholz & Day, of counsel), for plaintiff-appellant.

M. Patricia Smith, Asst. Atty. Gen., New York City (Jane Lauer Barker, Asst. Atty. Gen. In Charge Labor Bureau, Robert Abrams, Atty. Gen., State of N.Y., of counsel), for defendants-appellees.

Before OAKES, Chief Judge, and CARDAMONE and MAHONEY, Circuit Judges.

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...

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