ARB CASE NO. 99-019
DATE: February 3, 1999

In the Matter of:

S. B. BALLARD CONSTRUCTION CO.,

In re: Review and reconsideration of
wage determination VA970084

    By letter dated November 30, 1998, S.B. Ballard Construction Company (S.B. Ballard) petitioned the Board for review of Davis-Bacon wage determination rates applicable to reinforcing iron workers at locations in Virginia. Attached to the Petitioner's letter were (1) a copy of wage determination VA970084-1, and (2) excerpts from the Occupational Employment Survey Booklet of Definitions for General Contractors, published by the Bureau of Labor Statistics. Significantly, however, there was no indication that Petitioner had requested review and reconsideration of the contested wage determination from the Wage and Hour Administrator, pursuant to 29 C.F.R. §1.8 (1998).

    The Board's jurisdiction to consider cases under the Davis-Bacon Act extends only to review of "final decisions" of the Administrator of the Wage and Hour Division (or authorized representative) under 29 C.F.R. Parts 1, 3 and 5. 29 C.F.R. §7.1(b).¹ Thus, it is only after the Administrator has reviewed materials submitted by interested parties and issued a final decision that the decision may be appealed to this Board. When review and reconsideration has not been sought from the Administrator, the Board does not have jurisdiction to consider the matter.

    On January 7, 1999, we issued an Order to Show Cause, alerting S.B. Ballard to the jurisdictional problem and directing the petitioner to demonstrate, through a pleading

¹ Under the regulations dealing with Davis-Bacon enforcement actions, the Board also hears appeals of certain decisions issued by Administrative Law Judges under 29 C.F.R. Part 6. 29 C.F.R. §§6.20, 6.34, 6.45, 6.57.