Date: November 29, 1995
Case No.: 94-DBA-10
In the Matter of
Disputes concerning the payment of
prevailing wage rates and overtime by:
BARRICADE LITES, INC.
Respondent
Subcontractor of:
Kenny Construction Company, Inc.
and Paschen Contractors, Inc.
(Joint Venture), Prime Contractor
With respect to:
Contract No. : 80065
Project No.: IDR-ACIR-94-3(270)53
Route: FAI 90/94
Repair and Resurface
Appearances:
Leonard A. Grossman, Esquire
For the Complainant
Gerald T. Karr, Esquire
Rooks, Pitts and Poust
For the Respondent
Before: ROBERT L. HILLYARD
Administrative Law Judge
DECISION AND ORDER
This case arises under the Federal Aid-Highways Acts, as
amended, and the applicable regulations issued thereunder (29 CFR
[PAGE 2]
Part 5, Section 5.11(b), and the Contract Work Hours and Safety
Standards Act (CWHSSA).
Prior to a hearing, counsel for the parties advised that they
had reached a settlement which would dispose of all outstanding
issues which were presented for adjudication. The parties have
furnished a written settlement agreement entitled Consent
FindingsAnd Order which they wish to effect their
settlement of this matter. This agreement has been submitted to me
for consideration and final order without presentation of the
evidence. I have reviewed the agreement, which is incorporated
herein by reference and made a part hereof, and in so doing,
approve the settlement agreement.
This settlement is intended by the Complainant and the
Respondent to be a final resolution of this matter. The parties
agree and stipulate that any order consistent with and based upon
these consent findings shall have the same force and effect as an
order made after full hearing and that the entire record in this
case shall consist solely of these stipulations together with the
Order of Reference and attachments thereto; that all further
procedural steps before the Administrative Law Judge, Administra-
tor, and the Wage Appeals Board are hereby waived; and that any
right to challenge or contest the validity of any order entered in
accordance with these Consent Findings is hereby waived.
The parties further agree that each party shall bear its own legal
fees and other expenses incurred in any stage of these proceedings.
Pursuant to the request of the United States Department of
Labor, the Illinois Department of Transportation (IDOT) withheld
the sum of $111,913.52 from contract payments pending resolution of
this matter.
In accordance with the agreement of the parties, it is hereby,
ORDERED that the sum of $34,196.35 in back wages and fringe
benefits shall be paid to the individuals and in the amounts set
forth on Exhibit A, attached hereto and made apart hereof, and it
is further,
ORDERED that the sum of $11,251.34 in overtime compensation
shall be paid to the individuals and in the amounts set forth on
Exhibit A, attached hereto and made apart hereof, and it is
further,
ORDERED the total sum of $45,447.69 (representing the combined
back wages due under subparagraphs IV(a) and IV(b) hereof) shall be
[PAGE 3]
released from the funds withheld by IDOT to the United States
Department of Labor, Wage and Hour Division, for distribution in
accordance with the provisions of these consent findings, and it is
further,
ORDERED that following receipt of the foregoing amount, the
U.S. Department of Labor, Wage and Hour Division, will release its
claim to any remaining funds withheld under the subject contract,
and it is further,
ORDERED that the United States Department of Labor, shall
distribute any amounts paid hereunder to the employees, or to their
legal representatives, in the amounts set forth in Exhibit A to the
Consent Findings and any such 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.
_____________________________
Robert L. Hillyard
Administrative Law
Judge
