|
<![CDATA[
CCASE:
THE PREVAILING WAGE RATE
DDATE:
19770225
TTEXT:
~1
[1] [ HARTSFIELD INTERNATIONAL AIRPORT 77-04.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
NAME: CRAIG BULGER DATE PREPARED: 2/25/77
TO: ALL PERSONS ON THE ATTACHED LIST
RE: THE PREVAILING WAGE RATE APPLICABLE TO THE CONSTRUCTION OF
THE HARTSFIELD INTERNATIONAL AIRPORT UNDERGROUND CONNECTOR
(M-1), APRONS (M-2), and TEMPORARY ACCESS ROADS AND FENCING
(M-3), FULTON AND CLAYTON COUNTIES, GEORGIA
BEFORE: ALFRED L. GANNA, CHAIRMAN, WILLIAM T. EVANS, MEMBER,
THOMAS PHELAN, MEMBER
DECISION AND ORDER
THE BOARD FINDS THAT THE TELEGRAM OF THE ASSISTANT
ADMINISTRATOR DATED JANUARY 11, 1977, WAS MERELY ADVISORY BECAUSE
NO FINANCIAL ASSISTANCE HAD BEEN GRANTED AT THAT TIME TO THE CITY
OF ATLANTA BY THE FEDERAL AVIATION ADMINISTRATION, NOR WAS THERE AN
APPLICATION FOR SUCH ASSISTANCE PENDING WITH THE FAA.
NEVERTHELESS, IT IS PRESUMED THAT THE DECISION OF THE ASSISTANT
ADMINISTRATOR IS VALID SINCE IT WAS MADE ON THE BASIS OF AN
ANALYSIS OF THE INFORMATION SUBMITTED BY THE NORTH GEORGIA [1]
~2
[2] BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE CITY OF ATLANTA.
SUFFICIENT EVIDENCE WAS NOT PRESENTED AT THE HEARING TO SHOW THAT
THE ANALYSIS AND THE SUBSEQUENT DECISION OF THE ASSISTANT
ADMINISTRATOR WERE INCORRECT.
THE HEARING ON FEBRUARY 24 FOCUSED, AMONG OTHER THINGS, UPON
THE VALIDITY OF THE 10-DAY RULE RELATING TO MODIFICATIONS OF WAGE
DETERMINATIONS. THE FAA DETERMINED THAT THERE WAS NOT SUFFICIENT
TIME TO NOTIFY BIDDERS OF THE CHANGED WAGE RATE SCHEDULES PRIOR TO
THE OPENING OF BIDS. IN OUR VIEW, THE 10-DAY RULE WOULD NOT APPLY
TO THIS SITUATION. THE RULE IS ONE PROMULGATED UNDER THE DAVIS-
BACON ACT AND RELATED STATUTES AND SINCE THE ACT DID NOT APPLY AT
THAT TIME FOR THE REASON STATED ABOVE, THE 10-DAY RULE LIKEWISE DID
NOT APPLY. [2]
~3
[3] THE FAA, AT THIS POINT, HAS BEEN ADVISED BY THE ASSISTANT
ADMINISTRATOR OF THE PROPER RATES WHICH WOULD BE APPLICABLE TO THE
M-1, M-2, and M-3 CONTRACTS IF THEY WERE COVERED BY THE DAVIS-BACON
ACT. THE BOARD HAS NOW BEEN ADVISED THAT FAA HAS JUST RECEIVED A
PREAPPLICATION FOR FEDERAL ASSISTANCE ON THESE CONTRACTS. THIS
ASSISTANCE CAN ONLY BE GRANTED IF IT IS IN ACCORDANCE WITH THE
PROVISIONS OF THE DAVIS-BACON ACT, AS AMENDED. THE ASSISTANT
ADMINISTRATOR HAS ADVISED THE FAA OF THE WAGE RATES THAT WOULD BE
REQUIRED.
BY ORDER OF THE BOARD
CRAIG BULGER,
ACTING EXECUTIVE SECRETARY,
WAGE APPEALS BOARD [3]
]]>
|
