DATE:
CASE NO. 93-DBA-61
In the Matter of
Disputes concerning the payment of prevailing
wage rates and recordkeeping violations by
THERMO CONTRACTING CORPORATION,
Prime Contractor
and
BILL SILER, SR., an Individual, Doing Business
as GENERAL CONCRETE CONSTRUCTION, Subcontractor
Respondents
With respect to laborers and mechanics employed
by the subcontractor on U.S. Air Force Contract
No. F12617-90-C0033, Grissom Air Force Base,
Bunker Hill, Indiana
Filed sub nom.
In the Matter of
Disputes concerning the payment of prevailing
wage rates and recordkeeping violations by
THERMO CONTRACTING CORPORATION,
Prime Contractor
and
GENERAL CONCRETE CONSTRUCTION,
Subcontractor
Respondents
With respect to laborers and mechanics employed
by the subcontractor on U.S. Air Force Contract
No. F12617-90-C0033, Grissom Air Force Base,
[PAGE 2]
Bunker Hill, Indiana
DECISION AND ORDER APPROVING CONSENT FINDINGS
This proceeding arises under Reorganization Plan No. 14 of
1950 (64 Stat. 1267), the Davis-Bacon Act (DBA), as amended, 40
U.S.C. §276a etseq, and the regulations issued
thereunder at 29 C.F.R. Part 5, Section 5.11(b). This case was
assigned to the undersigned Administrative Law Judge for a formal
hearing and decision. The parties subsequently advised that all
issues had been resolved and that they were in the process of
entering into a settlement agreement.
On July 28, 1994, the parties filed an agreement entitled
Consent Findings incorporating the terms and conditions of
their agreement. I have reviewed the agreement and find it to be
fair and reasonable and the said Consent Findings, a copy of
which is attached hereto, are adopted as a part of this Decision
and Order and incorporated herein by reference.
Pursuant to the agreement of the parties, I find Thermo
Contracting Corporation to be liable for the sum of $10,275.58,
consisting of $10,232.92 in prevailing back wages under the Davis-
Bacon Act and $42.66 in overtime back wages under the Contract Work
Hours and Safety Standards Act.
It is, therefore,
ORDERED that the U.S. Department of the Air Force shall
release to the Comptroller General of the United States the amount
of $10,275.58 which it has withheld from payment under the
aforesaid contract in order to satisfy the back wage liability
herein. The Comptroller General of the United States shall
distribute any amounts paid hereunder to the employees, or to their
legal representatives, in the amounts set forth in Exhibit A. Any
amounts not distributed within one year of the date of entry of
this Decision and Order because of inability to locate the proper
individuals shall be deposited with the Treasurer of the United
States as miscellaneous receipts. It is further,
ORDERED that in accordance with Regulation 29 C.F.R.
§580.12 this constitutes the FINAL ORDER of the Secretary.
[PAGE 3]
________________________________
Robert L. Hillyard
Administrative Law Judge
