In re: Application of Wage Determination
Nos. MN960005 and MN960017 to Minnesota
Department of Transportation Contract No.
3608-0044/NH011(052)/S96241, T.H. 53,
St. Louis and Koochiching Counties,
Minnesota
and
ARB Case No. 99-074
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960005 to Minnesota Department of
Transportation Contract No. 7318-0030/NH004-
2(061)/L96208, T.H. 71, Stearns County,
Minnesota
and
ARB Case No. 99-075
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN950005 to Minnesota Department of
Transportation Contract No. 1920-0029/STP
1996(144)/S96056, T.H. 3, Dakota County,
Minnesota
and
ARB Case No. 99-076
AAA STRIPING SERVICE CO.
[Page 2]
In re: Application of Wage Determination
No. MN960005 to Minnesota Department of
Transportation Contract No. 62-630-42/STPF
6297(082)/C97025, Larpenteur Avenue,
Ramsey County, Minnesota
and
ARB Case No. 99-077
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN950005 to Minnesota Department of
Transportation Contract No. 164-235-09/
BRSTP-D-TEA6295(278)/l96011, Wabasha
Street Bridge, Dakota County, Minnesota
and
ARB Case No. 99-078
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960047 to Minnesota Department of
Transportation Contract No. 4811-0062/
NH0181(081)/S97045, T.H. 169,
Mille Lacs County, Minnesota
and
ARB Case No. 99-079
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960047 to Minnesota Department of
Transportation Contract No. 4812-0069/
NH018-1(079)/S96092, T.H. 169,
Mille Lacs County, Minnesota
and
[Page 3]
ARB Case No. 99-080
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960012 to Minnesota Department of
Transportation Contract No. 5501-0096/
AIP96-1-3-27-0084-12-96/74624,
Rochester, Olmsted County, Minnesota
and
ARB Case No. 99-081
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN950012 to Minnesota Department of
Transportation Contract No. 2313-0013/
STP056-1(069)/S95352, T.H. 63,
Fillmore County, Minnesota
and
ARB Case No. 99-082
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960012 to Minnesota Department of
Transportation Contract No. 2514-0099/
NH003-3(139)/S97014, T.H. 61,
Goodhue County, Minnesota
and
ARB Case No. 99-083
AAA STRIPING SERVICE CO.
[Page 4]
In re: Application of Wage Determination
No. MN970002 to Minnesota Department of
Transportation Contract No. 6404-0032/
STP-BRSTP6496(169)/S97082, T.H. 19,
Redwood and Renville Counties, Minnesota
and
ARB Case No. 99-084
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
Nos. MN970005 and MN970050 to Minnesota
Department of Transportation Contract No.
0208-0094/STPF029(118)/S97213, T.H. 65,
Anoka and Isanti Counties, Minnesota
and
ARB Case No. 99-085
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN950005 to Minnesota Department of
Transportation Contract No. 6917-0105/
DPI0128(002)/S95373, T.H. 53,
St. Louis County, Minnesota
and
ARB Case No. 99-086
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN950005 to Minnesota Department of
Transportation Contract No. 2724-0103/
IDF022-1(136)/S96070, T.H. 55,
Hennepin County, Minnesota
[Page 5]
and
ARB Case No. 99-087
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960005 to Minnesota Department of
Transportation Contract No. 7306-0084/
NH023-2(055)/S96207, T.H. 23 and
33rd Ave., Stearns County, Minnesota
and
ARB Case No. 99-088
AAA STRIPING SERVICE CO.
In re: Application of Wage Determination
No. MN960005 to Minnesota Department of
Transportation Contract No. 0209-0019/
BRNH003-3(129)/S96350, T.H. 169,
Anoka and Hennepin Counties, Minnesota
REMAND ORDER
AAA Striping petitioned the Administrative Review Board, pursuant to 29 C.F.R.
Part 7, to review sixteen ruling letters issued by the National Office Program Administrator of the
Department of Labor's Wage and Hour Division pursuant to the Davis-Bacon Act, 40 U.S.C. §276a
et seq. (1994). These letters denied AAA Striping's requests to add the classifications of
"Striper" and "Striping Tender" to wage determinations applicable to sixteen
contracts with the Minnesota Department of Transportation, using the Davis Bacon conformance
procedures at 29 C.F.R. §5.5(a)(1)(v).
The Administrator has moved the Board for an order remanding the matters to the
Wage and Hour Division for reconsideration. The Administrator contends that AAA's submissions contain
varied descriptions of the duties performed by the two classifications AAA has sought to add to the wage
determinations. Because of these perceived discrepancies and the Wage and Hour Division's desire to
review its position with regard to
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these conformance matters, the Administrator states that a remand is necessary. Upon remand, the Wage
and Hour Division will request that AAA answer a number of questions and provide documentary evidence
regarding the nature of the proposed classifications.
By letter dated August 23, 1999, AAA informed the Board that it did not oppose
the Administrator's Motion for Remand. Accordingly, we GRANT the Administrator's Motion
and remand the conformance rulings to the Wage and Hour Administrator for further review.
