REVIEW AND RECONSIDERATION OF
WAGE RATES FOR CAPTAIN AND FIRST
OFFICER, WAGE DETERMINATION 95-0229,
REV. 1, AS APPLIED TO UNITED STATES
POSTAL SERVICE'S ANET AND WNET
CONTRACTS FOR AIR TRANSPORTATION
OF EXPRESS MAIL
REMAND ORDER
The United States Postal Service (USPS) and Emery Worldwide Airlines, Inc.
(Emery) (Petitioners) petition for review of the December 13, 1996 final ruling of the Wage and
Hour Division of the Department of Labor establishing the current wage determination under the
McNamara-O'Hara Service Contract Act of 1965, as amended, 41 U.S.C. §§ 351-358
(1988) (SCA), for pilots and first officers performing work under a covered USPS contract.
"Joint Appendix" submitted by Petitioners, (JA) 1. USPS entered into an on-going,
multi-year contract in January 1994 with Emery to "[o]perate B-727 freighter aircraft on a
dedicated contract basis to carry expedited mail on an overnight basis between the Postal Service's
Indianapolis 'hub' and 37 specific outstation airports, and provide related services including mail
handling at the outstation cities." JA-2. Emery subcontracted with a number of other airlines
to carry out portions of the air cargo transportation services of the contract.1
1 These subcontractors, two associations,
and one pilot also have petitioned for review of the December 13 final ruling. The subcontractors and
the associations support the position of USPS and Emery; the pilot seeks reinstatement of the May 15,
1996 Wage Determination.