BIRMINGHAM BUILDING TRADES COUNCIL, WAB No. 1972-07 (WAB June 12, 1972)
CCASE:
WM. T. THRASH
DDATE:
19720612
TTEXT:
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[1] TELEGRAPHIC MESSAGE
NAME OF AGENCY: U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
ACCOUNTING CLASSIFICATION: 2121-1-2-N-200-72122-2330-000
DATE PREPARED: 6/12/72
TO: WM. T. THRASH, PRESIDENT,
BIRMINGHAM BUILDING
TRADES COUNCIL,
2570 7TH AVENUE NORTH,
BIRMINGHAM, ALABAMA 35203
THOMAS X. DUNN,
SHERMAN, DUNN & COHEN,
1125 15TH STREET, N.W., ROOM 801,
WASHINGTON, D.C. 20005
AIRPORTS DISTRICT OFFICE,
FEDERAL AVIATION ADMINISTRATION,
P.O. BOX 6111,
PEARL BRANCH,
JACKSON, MISSISSIPPI 39208
J.M. BRECKINRIDGE,
CITY ATTORNEY,
600 CITY HALL,
BIRMINGHAM, ALABAMA 35203
[BEFORE:] [MEMBERS NOT LISTED]
IN RE WAB 72-07 THE FOLLOWING CONFIRMS THE BOARD'S DECISION
GIVEN TO THE PARTIES AT THE CLOSE OF THE JUNE 9, 1972, HEARING IN
CONFERENCE ROOM B INTERDEPARTMENTAL AUDITORIUM 14TH AND
CONSTITUTION AVENUE NW WASHINGTON, D.C. [1]
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[2] THE WAGE APPEALS BOARD CONSIDERED THIS MATTER AND UNDER THE
EXIGENCY OF TIME AND THE REQUESTS BY THE THREE PARTIES THAT
WHATEVER WE DO, WE DO EXPEDITIOUSLY, WE HAVE REACHED THE FOLLOWING
DECISION WHICH WE SHALL IN DUE COURSE CONFIRM BY TELEGRAM:
THE WAGE APPEALS BOARD HAS CONCLUDED THAT THE PETITIONER HAS
MADE A SHOWING THAT THE WAGE DETERMINATION MUST BE LOOKED AT AS TO
CONFORMITY WITH BASIC DAVIS-BACON PRINCIPLES. THE ADMINISTRATOR
CAN MAKE THIS REEXAMINATION BY SURVEY OR IN ANY OTHER MANNER THAT
WOULD BE FEASIBLE AND COMPAT[I]BLE WITH TIME LIMITATIONS AND HE
SHALL MAKE THAT SURVEY OR TAKE OTHER ACTION FORTHWITH IN ORDER THAT
THE WORK NOT BE DELAYED.
IN MAKING A SURVEY OR OTHER EXAMINATION THE ADMINISTRATOR
SHOULD ALSO DETERMINE WHETHER UNDER [2]
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[3] APPLICABLE DAVIS-BACON PRINCIPLES THE WORK IS HEAVY WORK, OR
HIGHWAY WORK OR BOTH.
WE SUGGEST, AND ONLY SUGGEST, THAT THE CITY OF BIRMINGHAM AND
ANY OTHER INTERESTED PARTIES WORK WITH THE ADMINISTRATOR TO
EXPEDITE THE ADMINISTRATOR'S REVIEW AND ACTION.
BY DIRECTION OF THE BOARD: PERRY H. PLUMMER, ACTING EXECUTIVE
SECRETARY, WAGE APPEALS BOARD [3]