William J. Lang Land Clearing, Inc., 1998-DBA-1 (ALJ Apr. 9, 2001)
U.S. Department of
Labor
Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 09Apr2001 Case No. 1998-DBA-00001
In the Matter of:
Disputes concerning the payment of prevailing
wage rates and overtime by:
WILLIAM J. LANG LAND CLEARING, INC.,
Subcontractor (to Peters Construction Company,
Prime Contractor),
With respect to Equipment Operators employed by
WILLIAM J. LANG LAND CLEARING, INC., on Contract
No. HSG 39405-39547A for construction 3.07 miles
of new two lane bituminous road, clearing, and
other related work on K Avenue from Worden Street
to 33rd Street in Kalamazoo county, Michigan.
***********
Case No. 1998-DBA-00002
WILLIAM J. LANG LAND CLEARING, INC.,
SUBCONTRACTOR (to Zito Construction,
Prime Contractor)
With respect to Equipment Operators employed by
WILLIAM J. LANG LAND CLEARING, INC., on Contract
No. DPI 25032-4ll28A for construction on I-75 at
the M-57 interchange and B03 - I-75 over Pine Run
Creek, in the township of Vienna, Genesee County,
Michigan.
***********
Case No. l998-DBA-00003
WILLIAM J. LANG LAND CLEARING, INC.,
SUBCONTRACTOR (to Kamminga & Roodvooets, Inc.,
Prime Contractor)
With respect to Equipment Operators and Laborers
employed by WILLIAM J. LANG LAND CLEARING, INC.,
on Contract No. FM 4l-l0-l000A-3834lA for Phase I
grading of Runway l8/36 realignment/extension at
the Kent County International Airport in the City
of Grand Rapids, Michigan.
***********
[Page 2]
Case No. 1998-DBA-00004
JOHN CARLO, INC.,
PRIME CONTRACTOR
and
WILLIAM J. LANG LAND CLEARING, INC.,
SUBCONTRACTOR.
With respect to Equipment Operators employed by
WILLIAM J. LANG LAND CLEARING, INC., on Contract
Nos. NH50022-05675A & 36949A and NHI63l72-36950A
for construction of M-59 in the townships of
Macomb, Clinton, and Chesterfield, Macomb County,
Michigan.
***********
Case No. 1998-DBA-00005
JOHN CARLO, INC.,
PRIME CONTRACTOR,
and
WILLIAM J. LANG LAND CLEARING, INC.,
SUBCONTRACTOR,
With respect to Equipment Operators employed by
WILLIAM J. LANG LAND CLEARING, INC., on Contract
Nos. NH50022-28460A and NH50lll-2846lA for
interstate construction at M-59/I-94 in the
townships of Clinton and Chesterfield, Macomb
County, Michigan.
***********
Case No. 1998-DBA-00006
DAN'S EXCAVATING, INC.,
PRIME CONTRACTOR,
and
WILLIAM J. LANG LAND CLEARING, INC.,
SUBCONTRACTOR,
With respect to Equipment Operators employed by
WILLIAM J. LANG LAND CLEARING, INC., on Contract
No. DSTU 63l92-203l0A for bituminous pavement
reconstruction on l3 Mile Road, in the City of
Novi, Township of Commerce, Michigan.
[Page 3]
ORDER
The above-styled matter is currently pending before the undersigned. In a Decision and Order issued February 22, 2001, the Respondent, William J. Lang Land Clearing, Inc., was found liable pursuant to the Davis-Bacon Act for improperly taking a fringe benefit credit for vacation pay on 1998-DBA-00003 when such pay did not qualify for fringe benefit status under the Act. The Complainant in this case, the U.S. Department of Labor, was given fourteen days to submit calculations for the amount of prevailing wages owed employees due to the improper credit taken by Lang. Upon submission of such calculations, the Respondent was given fourteen days to respond to the accuracy of the Department's calculations.
Calculations were received from the Department of Labor on March 9, 2001. The Department states that Lang owes twelve employees $9,516.27 in prevailing wages on 1998-DBA-00003. Lang responded to these calculations on March 22, 2001, and disputes the amount assessed by the Department of Labor. Lang asserts that it owes those employees $17,883.08 on this contract, but that total amount in prevailing wages due all employees for all contracts in question in this case is $17,140.73.
I have reviewed the calculations submitted by both parties and find discrepancies in both sets of figures. The Department of Labor has calculated the total amount due based upon the number of hours worked by each employee on the job in question. However, the total number of hours credited to some employees differs from the amount of time Lang's calculations indicate those employees worked on this project. Additionally, in its response, the Respondent does not adequately explain how it arrived at the figures which it submitted. Given the difference in the two calculations regarding the number of hours worked by some employees and the over $8,000.00 difference in the total amount each of the parties asserts is owing, I cannot rely on the calculations submitted by either party in reaching my final decision.
In the interest of fairness, I am HEREBY ORDERING the parties in this case to meet and attempt to arrive at a figure mutually acceptable to both sides. The final amount shall reflect the total amount of prevailing wages still owed employees under all six contracts at issue in this case, consistent with the interim Decision and Order issued on February 22, 2001. A final joint submission shall be due in this office within 45 days of this order and shall show in detail the methodology used by the parties in arriving at their calculations.
