Nos. 91-16397, 91-16399.

64 F.3d 497 (1995)

CHAMBER OF COMMERCE of the UNITED STATES, on behalf of its members, Plaintiff-Appellee, v. Harvey BRAGDON, Contra Costa City Zoning Administrator and Director of Community Development; Contra Costa County Department of Building Inspections, The County of Contra Costa, The Contra Costa County Board of Supervisors, Defendants-Appellants, Northern California and Northern Nevada Pipe Trades District Council # 51, Contra Costa Building and Construction Trades Council, Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

Michael Gottesman, Georgetown University Law Center, Washington, DC; Lillian T. Fujii, Deputy County Counsel, Martinez, CA, for defendants-appellants.

Rosemary M. Collyer, Crowell & Moring, Washington, DC; James Severson, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for plaintiff-appellee.

Thomas R. Adams and Ann Broadwell, Adams & Broadwell, San Mateo, CA, for intervenors-appellants.

Robert Fried, Thierman, Cook, Brown & Prager, San Francisco, CA, for amicus.

Before: HUG, FLETCHER, and BRUNETTI, Circuit Judges.

Opinion by Circuit Judge HUG; Concurrence by Circuit Judge FLETCHER.

HUG, Circuit Judge:

The question in this case is the validity of an ordinance mandating that employers pay "prevailing wages" to their employees on wholly private construction projects. The district court found that the Ordinance was pre-empted by the National Labor Relations Act, 29 U.S.C. §§ 157-158 (1988) ("NLRA"), and the Employee Retirement Income Security Program Act, 29 U...

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