KEYSTONE CHAPTER, ASSOCIATED BUILDERS AND CONTRACTORS, INC., in representation of its members,
v.
Thomas P. FOLEY, in his official capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania.
Pennsylvania State Building and Construction Trades Council (Amicus in District Court).
Thomas P. Foley, Appellant in No. 93-7547.
Keystone Chapter, Associated Builders and Contractors, Inc., in representation of its members, Appellant in No. 93-7573.
BELL TELEPHONE COMPANY OF PENNSYLVANIA; Communications Workers of America, AFL-CIO, District 13
v.
Thomas P. FOLEY; in his official capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania; James R. Davis; Frayda Kamber; Richard W. Martz; John H. Mickens.
Pennsylvania State Building and Construction Trades Council, AFL-CIO (Amicus in District Court).
Thomas P. Foley; James R. Davis; Frayda Kamber; Richard W. Martz; John H. Mickens, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 13, 1994.
Decided September 22, 1994.
As Amended October 19, 1994.
Attorney(s) appearing for the Case
Susan J. Forney (Argued), Office of Atty. Gen. of PA, Dept. of Justice, Harrisburg, PA, for appellant/cross-appellee, Thomas P. Foley, and appellants, Thomas P. Foley, James R. Davis, Frayda Kamber, Richard W. Martz and John H. Mickens.
Thomas R. Davies (Argued), Harmon & Davies, Lancaster, PA, for appellee/cross-appellant, Keystone Chapter, Associated Builders and Contractors, Inc., in representation of its members, and amicus curiae appellee/cross-appellant, PA Utility Contractors Ass'n.
Mary M. McKenzie (Argued), Bell Atlantic Network Services, Inc., Marie L. Martino, Dechert, Price & Rhoads, Philadelphia, PA, for appellee, The Bell Telephone Co. of PA.
Richard H. Markowitz, Markowitz & Richman, Philadelphia, PA, for appellee, Communications Workers of America, AFL-CIO, Dist. 13.
Irwin W. Aronson (Argued), Handler, Gerber, Johnston & Aronson, Camp Hill, PA, for amicus curiae appellant, cross-appellee, PA State Building and Const. Trades Council.
John H. Widman, McAleese, McGoldrick & Susanin, King of Prussia, PA, for amicus curiae appellants, The Roofing Contractors Ass'n Industry Fund, Contractors Ass'n of Eastern PA, Mechanical Contractors Ass'n of Eastern PA, Mechanical Contractors of Western PA, Laurel Mechanical Contractors, Inc., Plumbing & Heating Contractors Ass'n of Philadelphia & Vicinity, Inc., Pen-Jer-Del Chapter of the Nat. Elec. Contractors Ass'n, Del. Valley Insulation and Abatement Contractors Ass'n, Inc.
Thomas A. Beckley, Beckley & Madden, Harrisburg, PA, for amicus curiae appellants, SMACNA of PA, Sheet Metal Contractors Ass'n of Cent. PA, Sheet Metal Contractors Ass'n of Philadelphia and Vicinity, SMACNA of Western PA, Nat. Elec. Contractors Ass'n, Inc., Western PA Chapter, Laurel Mechanical Contractors Ass'n, Inc., Mechanical Contractors of Northwest PA, Painting and Decorating Contractors of America, Harrisburg Chapter, Masonry Contractors Ass'n of Cent. PA.
Richard B. Sigmond, Richard C. McNeill, Jr., Sagot, Jennings & Sigmond, Philadelphia, PA, for amicus curiae appellant, Steamfitters Local Union No. 420, United Ass'n of Journeymen and Apprentices of the Plumbing and Pipefitting Industry.
Deborah J. Nathan, Cleckner & Fearen, Willow Grove, PA, for amicus curiae appellee, cross-appellant, PA School Boards Ass'n, Inc.
Maurice Baskin, Venable, Baetjer, Howard & Civiletti, Washington, DC, for amicus curiae appellee, cross-appellant, Central PA Chapter, Lehigh Valley Chapter, Southeast PA Chapter, and Western PA Chapter of Associated Builders and Contractors, Inc. and Associated Builders and Contractors, Inc.
Loudon L. Campbell, Calkins & Campbell, Harrisburg, PA, for amicus curiae appellee, PA Builders Ass'n.
Robin S. Conrad, Washington, DC for amicus curiae appellee, Chamber of Commerce of the U.S. of America.
Before: BECKER, MANSMANN and SCIRICA, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
In this appeal, we must decide whether the Employee Retirement Income Security Act of 1974 (ERISA)1 preempts a Pennsylvania minimum wage law applying to public works projects. We hold that such a law may not refer to ERISA plans or accord them special treatment, but may set minimum wages and give employers the option of satisfying a portion of the wage through contributions for employee...
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