First Coast Corp., WAB No. 73-03 (WAB Apr. 30, 1973)
CCASE:
FIRST COASTAL CORPORATION
DDATE:
19730430
TTEXT:
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[1] UNITED STATES OF AMERICA
UNITED STATES DEPARTMENT OF LABOR
WAGE APPEALS BOARD
WASHINGTON, D.C.
IN THE MATTER OF:
The Wage Determinations Issued in 1970 in WAGE APPEALS BOARD
Accordance with the Provisions of the
Davis-Bacon Act, as amended, for Eight CASE NO. 73-03
Housing Construction Projects Currently
Completed in Laurinburg, Winston-Salem, DATED: APRIL 30, 1973
Jacksonville, and Goldsboro, North Carolina,
and in Lancaster and Rock Hill, South
Carolina.
First Coast Corporation and
Robert L. DeWitty,
PETITIONER
James T. Lewis, Esquire,
Washington, D.C.
for the Petitioner
[DECISION]
Petitioner requests the Wage Appeals Board "to review and
modify or otherwise change" a decision of the Department of Labor,
Employment Standards Administration (ESA) denying its request that
ESA issue new wage determination for eight completed projects
because the Petitioner paid wages in excess of the wage
predeterminations applicable to the project and made a part of the [1]
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[2] contract documents pursuant to the requirements of the
Davis-Bacon Act. /FN1/
In 1970, the Employment Standards Administration issued Davis-
Bacon wage predeterminations for eight Federally-aided housing
projects in North and South Carolina.
Petitioner paid wage rates and fringe benefits in excess of
the predetermined wage rates and fringe benefits. The Petitioner's
objections to the predetermined wage rates were raised only after
completion of the eight projects.
Petitioner requested ESA to issue new wage determinations for
the completed projects to reflect the higher wage rates Petitioner
paid on all eight jobs. Petitioner contended to ESA that the
original wage determinations did not reflect the then-prevailing
rates. Petitioner had to pay more than the predetermined rates to
man the jobs.
The ESA advised Petitioner that there was no action the
Department of Labor could take to change the content of the wage
predeterminations. ESA pointed out that wage determinations issued
under the Davis-Bacon Act are based on the best evidence [2]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ 40 U.S.C. 276a. [2]
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[3] available to the Department as to the wages and fringe benefits
which in fact prevail in a particular area for projects of
character similar to proposed Federal or Federally-assisted
construction projects. Alleged errors must be challenged at an
appropriate time, and not after completion of a job.
While ESA may make corrections of a wage determination in
accordance with 29 CFR 1.7(c), such changes are limited to cases
involving clerical errors which was not Petitioner's contention.
ESA advised Petitioner that wage determinations issued under the
Davis-Bacon Act and included in a contract are the minimum rates
which may be paid employees performing on the contract and that the
determinations do not constitute a guarantee that workers may be
available for employment at the rates indicated, nor do the
requirements of the Davis-Bacon Act constitute a bar to the payment
of wages and fringe benefits in excess of those set forth in the
wage determinations. ESA denied Petitioner's request for new wage
determinations. [3]
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[4] ORDER
Pursuant to Sections 7.4 and 7.8(a) of the Department's
Regulations on Practice Before the Wage Appeals Board (29 CFR
Subtitle A, Part 7), the Board declines review of the Petition.
Oscar S. Smith, Chairman
Stuart Rothman, Member
Clarence D. Barker, Member
WAGE APPEALS BOARD [4]
