U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
DATE: January 23, 1995
CASE NO.: 93-DBA-00087
In the Matter of
Disputes concerning the payment of
prevailing wage rates by:
I & F INSULATION, INC.
WEST COAST CONTRACTORS, INC.
General Contractor
and
BARRY G. KIRBY
Vice-President
With respect to laborers and mechanics employed
by the contractor on Contract No. 87-07-907
(Ida Spence Homes, Covington, Kenton
County, Kentucky)
BEFORE:
Richard E. Huddleston
Administrative Law Judge
DECISION AND ORDER
This proceeding came on for consideration upon an Order of Reference from the
Administrator of the Wage and Hour Division, under Reorganization Plan No. 14 of 1950 [64
Stat. 1267]; the Davis-Bacon Act of 1965, as amended, 40 U.S.C. § 276(a), et
seq.; the Housing and Urban Development Act of 1965, as amended, 42 U.S.C.
§ 3107; regulations at 29 C.F.R. Parts 5 and 6; and, pertinent delegations of authority,
and the parties have submitted, pursuant to 29 C.F.R. § 6.32, agreements and consents
in full disposition hereof.
Based upon such Consent Findings (attached), I conclude that Respondents, I & F
Insulation, Inc., and Barry G. Kirby, owe ,310.20 in back wages to the employee in the
amount stated on Schedule A to said Consent Findings. Accordingly, it is ORDERED that
the Housing Authority of Covington shall release and pay over to the Wage and Hour
Division, United States Department of Labor, from funds currently being withheld from
Respondents under any contract subject to the aforesaid Acts, the amount of ,310.20. The
United States Department of Labor, Wage and Hour Division, forthwith shall distribute such
monies to Respondents employee in accordance with the terms contained in the Consent
Findings.
[PAGE 2]
It is FURTHER ORDERED that $4,000.00 in remaining funds being withheld by the
Housing Authority of Covington shall be paid by said agency to the Respondents, absent
further retention under other legal authority.
Entered this the _____ day of January, 1995, at Cincinnati, Ohio.
______________________________
Richard E. Huddleston
Administrative Law Judge
Attachment
