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<![CDATA[
CCASE:
CHATTAHOOCHEE WASTE WATER TREATMENT PLANT
DDATE:
19770418
TTEXT:
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[1] [ 77-03.WAB ]
TELEGRAPHIC MESSAGE
NAME OF AGENCY: U.S. DEPARTMENT OF LABOR
OFFICE OF THE UNDER SECRETARY
ACCOUNTING CLASSIFICATION: 7165-1-1-M-002-71002-2330-000
DATE PREPARED: 4/18/77
NAME: CRAIG BULGER
TO: ALL PERSONS ON THE ATTACHED LIST
DECISION AND ORDER
WAGE APPEALS BOARD
RE: CHATTAHOOCHEE WASTE WATER TREATMENT PLANT WAB CASE NO. 77-03
THE PREVAILING WAGE RATES APPLICABLE TO THE CONSTRUCTION
OF CHATTAHOOCHEE WASTE WATER TREATMENT PLANT EXPANSION
EPA PROJECT NO. C-130470, COBB COUNTY, GEORGIA
BEFORE: ALFRED L. GANNA, CHAIRMAN, WILLIAM T. EVANS, MEMBER,
THOMAS PHELAN, MEMBER
THE BOARD FINDS THAT HEAVY CONSTRUCTION HAS TRADITIONALLY BEEN
CONSIDERED TO BE CONSTRUCTION THAT WAS NEITHER BUILDING, HIGHWAY
NOR RESIDENTIAL CONSTRUCTION. HOWEVER, THE PRACTICE OF ISSUING A
SEPARATE SCHEDULE OF WATER AND SEWER LINE WAGE RATES WHERE IT WAS
DETERMINED THAT SUFFICIENT WAGE INFORMATION WAS AVAILABLE TO
SUPPORT SUCH A SCHEDULE HAS EXISTED SINCE THE PASSAGE OF THE
FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS IN 1961. THE BOARD
FINDS NO REASON TO DEVIATE FROM THIS PRACTICE IN THIS CASE SINCE
NEITHER THE PETITIONER NOR THE RECORD HAVE SHOWN ANY REASON WHY THE
DEPARTMENT SHOULD NOT HAVE [1]
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[2] ISSUED SEPARATE WATER AND SEWER LINE RATES IN COBB COUNTY.
WITH REFERENCE TO THE HEAVY RATES ISSUED BY THE ASSISTANT
ADMINISTRATOR, THE PETITIONER HAS RAISED SERIOUS QUESTIONS AS TO
WHETHER ALL THE RATES ARE PREVAILING. STATEMENTS BY THE PETITIONER
AND COUNSEL FOR THE DEPARTMENT OF LABOR INDICATE A POSSIBLE
DEPARTURE FROM ESTABLISHED PRACTICES IN THE APPLICATION OF
REGULATIONS, PART 1, IN FINDING PREVAILING WAGE RATES. SECTION 1.2
(a) REGULATIONS, PART 1 (29 CFR) PROVIDES:
THE TERM "PREVAILING WAGE RATE" FOR EACH CLASSIFICATION
OF LABORERS AND MECHANICS WHICH THE ADMINISTRATOR SHALL
REGARD AS PREVAILING IN AN AREA SHALL MEAN:
(1) THE RATE OF WAGES [*] PAID [*] IN THE AREA IN WHICH
THE WORK IS TO BE PERFORMED, TO THE MAJORITY OF THOSE
EMPLOYED IN THAT CLASSIFICATION IN CONSTRUCTION IN THE
AREA SIMILAR TO THE PROPOSED UNDERTAKING [* Emphasis in
original *]; [2]
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(2) IN THE EVENT THAT THERE IS NOT A MAJORITY [*] PAID
[*] AT THE SAME RATE, THEN THE RATE [*] PAID [*] TO THE
GREATER NUMBER [* Emphasis in original *]: PROVIDED, SUCH
GREATER NUMBER CONSTITUTES 30 PERCENT OF THOSE EMPLOYED;
OR
(3) IN THE EVENT THAT LESS THAN 30 PERCENT OF THOSE SO
EMPLOYED RECEIVE THE SAME RATE, THEN THE AVERAGE RATE.
THE ADMINISTRATOR IS INSTRUCTED TO REVIEW WAGE DECISION NO.
77-GA-65 TO ASSURE THAT THE WAGE DATA IN THE FILES OF THE WAGE &
HOUR DIVISION DO IN FACT SHOW THAT THE WAGES CONTAINED IN THIS WAGE
DECISION WERE BASED ON WAGES PAID TO LABORERS AND MECHANICS IN COBB
COUNTY, GEORGIA, AND ARE PREVAILING IN ACCORDANCE WITH THE ABOVE
QUOTED REGULATIONS.
BY ORDER OF THE BOARD
CRAIG BULGER,
ACTING EXECUTIVE SECRETARY
WAGE APPEALS BOARD [3]
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