(415) 744-6577 FAX (415) 744-6569
DATE: December 1, 1993
CASE NOS. 90-DBA-13, 90-DBA-18
In the Matters of
Disputes concerning the payment
of prevailing wage rates, overtime
and proper classifications by:
C.A.G. CONSTRUCTION CO., INC.
Prime Contractor
SOUTHWEST CONSTRUCTION CO.,
Subcontractor
BONANZA CONSTRUCTION CO.,
Subcontractor
and
Proposed debarment for labor
standards violations by:
SOUTHWEST CONSTRUCTION CO.
ACE (A.F.) HENRIKSEN, JR.
President
R. L. HENRIKSEN, SR.
Secretary
CAROLYN HENRIKSEN
BONANZA CONSTRUCTION CO.
MIKE HENRIKSEN
RAY HENRIKSEN, JR.
SCOTT HENRIKSEN
Respondents
With respect to laborers and mech-
anics employed under Department of
the Air Force Contract Nos. F26600-
87-C-01520011 (enclosure of patio
into records storage facility at the
hospital), Nellis Air Force Base, Nevada
[PAGE 2]
Before: ALFRED LINDEMAN
Administrative Law Judge
DECISION AND ORDER
These are consolidated proceedings under the Davis-Bacon Act, as amended, 40
U.S.C. §276(a) et seq., and applicable regulations, 29 C.F.R.
Parts 5, 6 and 18. On November 24, 1993, the parties filed an executed "Settlement
Agreement" on the basis of which they have settled the matter according to the terms
contained therein and waive any further procedural steps.
The settlement provides, inter alia, that $10,702.00 is due in back wages
to 13 employees specified in Exhibit A to the agreement, that respondents agree to
release said sum to the Controller General for payment, that the Department of Labor
releases all claims to withheld funds in excess of $10,702.00, and that the Department
withdraws its requests for debarment of any and all respondents.
Accordingly, the terms of the agreement are accepted and incorporated as
findings herein by reference. See 29 C.F.R. §6.32(b)(1).
ORDER
It is therefore ordered that:
1. Respondents shall release from funds withheld the sum of $10,702.00 to the
Controller General of the United States for distribution to the employees named in
Exhibit A to the Settlement Agreement filed in this matter.
2. Any monies not paid to the persons referred to in paragraph 1 above or their
estates within a period of three years because of inability to locate the proper
persons or because of their refusal to accept it shall be deposited into the Treasury
of the United States as miscellaneous receipts.
3. The Department of Labor's requests for debarment of any of the above-
captioned respondents are dismissed with prejudice.
ALFRED LINDEMAN
Administrative Law Judge
San Francisco, California
AL:ms
