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ASSOCIATED BUILDERS & CONTRACTORS v. PERRY

Nos. 95-2224, 95-2226, 96-1189, 96-1190, 96-1236 and 96-1466.

115 F.3d 386 (1997)

ASSOCIATED BUILDERS AND CONTRACTORS, SAGINAW VALLEY AREA CHAPTER, Plaintiff-Appellee, v. Lowell W. PERRY, Director of the Department of Labor, State of Michigan, Defendant, Michigan State Building and Construction Trades Council, AFL-CIO (95-2226; 96-1236), Intervenor-Appellant, Donald Willard (95-2224; 96-1189), Proposed Intervenor-Appellant, Frank J. Kelley, Attorney General for the State of Michigan (96-1190/1466), Proposed Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

ARGUED: David J. Masud, Masud, Gilbert & Patterson, Saginaw, Michigan, for Appellee. John R. Canzano, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, George H. Weller, Office of the Attorney General, Lansing, Michigan, for Appellant. ON BRIEF: David J. Masud, Masud, Gilbert & Patterson, Saginaw, Michigan, for Appellee. John R. Canzano, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, George H. Weller, Office of the Attorney General, Lansing, Michigan, Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for Appellant.

Before: SILER, COLE, and VAN GRAAFEILAND, Circuit Judges.

OPINION

VAN GRAAFEILAND, Circuit Judge.

The basic issue in the instant case is whether the district court erred in holding that Michigan's Prevailing Wage Act ("PWA"), Michigan's Compiled Laws Annotated §§ 408.551 et seq., has been preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") pursuant to section 514(a) of the federal act. 29 U.S.C. § 1144(a). Before attempting to resolve the uncertainty created by the ambiguous...

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