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<![CDATA[
CCASE:
PHILADELPHIA LOW-RENT HOUSING
DDATE:
19661219
TTEXT:
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[1] UNITED STATES OF AMERICA
DEPARTMENT OF LABOR
DECISION AND ORDER OF THE WAGE APPEALS BOARD
In the Matter of
PHILADELPHIA LOW-RENT HOUSING
The determination of prevailing wage WAGE APPEALS BOARD
rates applicable to rehabilitation
work on residential property proposed CASE NO. 66-06
to be acquired by the Philadelphia
Housing Authority as low-rent housing
projects pursuant to the United States
Housing Act of 1937, Sections 9 and
16(b)(2) Dated: December 19, 1966
The National Association of Home Builders,
Home Builders Association of Philadelphia
and Suburban Counties,
Petitioners
BEFORE: Oscar S. Smith, Chairman, Clarence D. Barker and
Stuart Rothman, Members
DECISION OF THE BOARD
The Petitioners request review of a decision letter dated
April 28, 1966, to the Public Housing Commissioner. On May 10,
1966, the Petitioners filed a notice of intention to request
review. In response to Petitioners' request for instructions
concerning the filing of the petition, the Wage Appeals Board's
representative advised by letter that a petition for review shall
be filed in a "reasonable time" after the decision of the
Solicitor. After proceedings before a hearing examiner for the
purpose of determining wage determinations that would reflect wage
rates actually prevailing for work on proJects such as those
involved, the Solicitor reaffirmed his position in this matter on
July 7, 1966. [1]
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[2] On November 2, 1966, the Petitioners submitted their
petition for review of the Solicitor's determination of April 28,
1966, holding that Section 16(2) of the USHA of 1937 is applicable
to rehabilitation work on residential property proposed to be
acquired by the Philadelphia Housing Authority. Between the Notice
of intention to petition for review filed May 10, 1966, and the
petition filed November 2, 1966, the Demonstration Cities and
Metropolitan Development Act of 1966, P.L. 89-754, was enacted.
This legislation includes a provision, Section 1003, amending
Section 16(2) of the United States Housing Act of 1937.
29 CFR, Part VII, Section 7.8(b) applying not only to wage
determination cases, but all cases before the Board, reads as
follows:
[Sec] 7.8 Disposition by the Wage Appeals Board
(b) The Board may decline review of any case whenever in
its judgement a review would be inappropriate or because
of lack of timeliness, the nature of the relief sought,
or other reasons.
Pursuant to the Wage Appeals Board's rules of procedure, 29
CFR Part VII, Section 7.8(b), the Board declines review of the
petition herein and the petition is dismissed.
Washington, D. C. December 19, 1966
Oscar S. Smith, Chairman
Clarence D. Barker, Member
Stuart Rothman, Member [2]
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