RICHARD L. ROUDEBUSH VA MEDICAL
CENTER, VETERANS ADMINISTRATION, 1990-SCA-WD-1 (Dep. Sec'y Jan. 21, 1992)
CCASE:
RICHARD L. ROUDEBUSH
DDATE:
19920121
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
DEPUTY SECRETARY OF LABOR
WASHINGTON, D.C.
20210
DATE: January 21, 1992
CASE NO. 90-SCA-WD-1
IN THE MATTER OF
RICHARD L. ROUDEBUSH VA MEDICAL
CENTER, VETERANS ADMINISTRATION,
and
ADMINISTRATOR, WAGE AND HOUR DIVISION,
EMPLOYMENT STANDARDS ADMINISTRATION
UNITED STATES DEPARTMENT OF LABOR.
BEFORE: THE DEPUTY SECRETARY OF LABOR /FN1/
FINAL DECISION AND ORDER
This matter is before me pursuant to the McNamara-O'Hara
Service Contract Act of 1965, as amended (MOSCA or the Act), 41
U.S.C. [secs] 351-358 (1988), and implementing regulations set
forth at 29 C.F.R. Parts 4 and 8 (1991). Petitioner, Richard L.
Roudebush VA Medical Center, Veterans Administration, /FN2/ seeks
review of the Wage and Hour Administrator's final ruling
reaffirming the appropriateness of the wage rates for the
classification of ambulance driver and emergency medical technician
(EMT) contained in Wage Determination (WD) 87-715 (Rev. 2) dated
June 5, 1989. [1]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ The Deputy Secretary has been designated by the Secretary to
perform the functions of the Board of Service Contract Appeals
pending the appointment of a duly constituted Board. 29 C.F.R.
[sec] 8.0 (1991).
/FN2/ Pursuant to the Veterans Affairs Codification Act, Public Law
No. 102-83, 105 Stat. 378 (1991), the Veterans Administration is
now the Department of Veterans Affairs. [1]
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[2] Petitioner claims that the Wage Determination's base hourly
wage rates of $6.94 for ambulance drivers and $8.58 for EMTs are
higher than wage rates paid by ambulance services in the
Indianapolis area. According to Petitioner, "[d]ue to the
requirement of providers to pay employees the wages required by the
above listed wage determination, solicitations were cancelled, due
to unreasonable pricing. Along with unreasonable pricing, many
providers refused to bid stating wage rates required to be paid
would cause employee problems." Administrative Record (A.R.), Tab
C. Petitioner supported its position by submitting letters from
five providers of ambulance services in the Indianapolis area
setting forth their respective wage rates for various
classifications, a copy of a report entitled Job Service Openings
and Starting Wages Report published by the State of Indiana's
Department of Employment and Training Service, and a table of
unspecified origin setting forth rates at VA medical centers in
Indianapolis and four other cities -- Louisville and Lexington,
Kentucky, Cincinnati, Ohio, and St. Louis, Missouri.
The Administrator's Statement in Response to Petition for
Review (Admin. Statement) urges rejection of Petitioner's proffered
wage data as deficient and unclear as to the criteria used. The
Administrator specifically explains the deficiencies, noting for
instance, that the Ambulance Cost Comparisons Table is technically
irrelevant because each of the comparison cities is outside the
locality covered by WD 87-715 (Rev. 2), Admin. [2]
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[3] Statement at 4, A.R., Tab D, and the regulations provide that wage
determinations be based on prevailing wages in the locality. 29 C.F.R.
[sec] 4.50(a). The Administrator also points out that the letters from
providers of ambulance services contain no job descriptions for the
classifications surveyed, no indication of numbers of employees, and no
indication of the area covered. A.R., Tabs E through I. In addition,
the list of job service openings for the State of Indiana provides only
"starting" wages, is not restricted to the locality in question
(Indianapolis), and contains no listing for "ambulance driver." Id.,
Tab J. I agree with the Administrator that the data presented were
insufficient to develop new wage rates for ambulance driver and EMT.
The Administrator used the "slotting" procedure in determining
the rates for the ambulance driver and EMT classifications. This
is an approved procedure, /FN3/ expressly contemplated and
described in the regulations as follows:
Slotting wage rates. In some instances, a wage survey
for a particular locality may result in insufficient data
for one or more job classifications that are required in
the performance of a contract. Establishment of a
prevailing wage rate for certain such classifications may
be accomplished through a "slotting" procedure, such as
that used under the Federal pay system. Under this
procedure, wage rates are derived for a classification
based on a comparison of equivalent or similar job duty
and skill [3]
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/FN3/ See In the Matter of the Applicability of Wage Rates
Collectively Bargained by Meldick Services, Inc., etc.[,] Dec. of
the Dep. Sec'y, Case No. 87-CBV-7, Mar. 23, 1990, slip op. at 9;
In the Matter of the Applicability of Wage Rates Collectively
Bargained by Big Boy Facilities, Inc., etc., Case No. 88-CBV-7,
Dec. of Dep. Sec'y, Jan. 3, 1989, slip op. at 13-15. [3]
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[4] characteristics between the classifications studied and
those for which no survey data is available. As an
example, a wage rate found prevailing for the janitorial
classification may be adopted for the classification of
mess attendant if the skill and duties attributed to each
classification are known to be rated similarly under pay
classification schemes. (Both classifications are
assigned the same wage grade under the Coordinated
Federal Wage system and are paid at the Wage Board grade
2 when hired directly by a Federal agency.)
29 C.F.R. [sec] 4.51(c). Slotting is a necessary tool used by the
Wage and Hour Division in coping with the need to issue large
numbers of wage determinations on a timely basis.
In this case, the EMT classification is rated as a General
Schedule (GS)-5 when such employees are employed directly by the
federal government. The mean rate in the BLS survey for another
classification rated as GS-5, Secretary II, was adopted for the EMT
classification. A.R., Tab K, Basis for Issuance of Wage
Determination Under the Service Contract Act (SCA). The rate for
the ambulance driver classification, rated as a Wage Grade (WG)-5
for drivers who are employed directly by the federal government was
derived from its relationship to the classification of "janitor,
porter and cleaner" which was included in the BLS survey. A.R.,
Tab L, Basis for Issuance of Wage Determination Under the Service
Contract Act. Thus the Administrator followed an accepted practice
in arriving at the contested wage determination. There has been no
showing by a preponderance of the evidence, 29 C.F.R. [secs]
8.1(d), 8.6(e), that the Administrator's decision should be
disturbed. [4]
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[5] Accordingly, the Administrator's decision is AFFIRMED
and this case is DISMISSED.
SO ORDERED.
[Delbert L. Spurlock, Jr.
Deputy Secretary of Labor
Washington, D.C. [5]
