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<![CDATA[
CCASE:
WAGE RATES APPLICABLE TO CONSTRUCTION
DDATE:
19780323
TTEXT:
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[1] [ 78-05ERR.WAB ]
TELEGRAPHIC MESSAGE
NAME OF AGENCY: U.S. DEPARTMENT OF LABOR
OFFICE OF THE UNDER SECRETARY
WAGE APPEALS BOARD
ACCOUNTING CLASSIFICATION: 6165-1-1-M-002-75000-2330-000
DATE PREPARED: March 23, 1978
NAME: CRAIG BULGER PHONE NUMBER: 523-9039
TO: ALL PERSONS ON THE ATTACHED LIST
RE: WAB CASE NO. 78-05 DECISION OF THE WAGE APPEALS BOARD
WAGE RATES APPLICABLE TO CONSTRUCTION OF EAST LAKE STATION
SITE IMPROVEMENTS AND PARKING LOTS, DE KALB CO., GA.
DUE TO AN ERROR IN TRANSMISSION OF THE WAGE APPEALS
BOARD DECISION TO SOME PARTIES IN THIS CASE, PLEASE
SUBSTITUTE THE FOLLOWING PARAGRAPH FOR THE EIGHTH
PARAGRAPH IN THE BOARD'S DECISION DATED MARCH 20, 1978.
THE SOLE QUESTION TO BE RESOLVED IN THIS CASE IS WHETHER
THE PARKING LOTS SHOULD BE CONSIDERED INCIDENTAL TO THE
MARTA STATION. IT SEEMS TO THE BOARD THAT THE INCIDENTAL
"RULE" IS NOT SOMETHING NEW IN DAVIS-BACON ADMINISTRATION,
WHICH CHANGES THE AREA PRACTICE, AS WAS THE CASE IN THE
TEXAS INCIDENTAL PAVING DECISION (WAB 77-19, DEC. 30, 1977). AREA
PRACTICE WAS SPECIFICALLY EXCLUDED [1]
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[2] FROM CONSIDERATION IN THIS CASE BY THE PARTIES. THE "RULE"
HERE IS, IN REALITY A WAGE AND HOUR POLICY WHICH HAS BEEN IN
EFFECT FOR A SUBSTANTIAL PERIOD OF TIME AND HAS BEEN REVIEWED
AND APPROVED ON MORE THAN ONE OCCASION BY CONGRESSIONAL
OVERSIGHT COMMITTEES. THAT POLICY HAS ALSO BEEN REVIEWED
BY THIS BOARD AND ITS APPLICATION WAS GIVEN APPROVAL IN
THE BROWN'S MILL CASE (WAB 75-11, APRIL 19, 1976) AND
OTHER PUBLISHED DECISIONS OF THE BOARD. THE BOARD, UNDER THESE
CIRCUMSTANCES, DOES NOT VIEW THIS POLICY AS INVALID UNDER THE
ADMINISTRATIVE PROCEDURE ACT, AND SPECIFICALLY FINDS IT TO BE
APPROPRIATE UNDER THE DAVIS-BACON ACT. THE DAVIS-BACON ACT REFERS
TO PROJECTS OF A CHARACTER SIMILAR, NOT SIMILAR WORK AS THE
BASIS OF DETERMINING PREVAILING WAGE RATES. WAGE AND HOUR MUST
NECESSARILY DETERMINE WHAT IS THE PROJECT IN CARRYING OUT ITS
STATUTORY RESPONSIBILITY. THE BOARD FINDS THAT WAGE AND HOUR IS
NOT CONSTRAINED IN [2]
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[3] LOOKING SOLELY AT THE CONTRACT DOCUMENTS
PRESENTED BY A CONTRACTING AGENCY IN ORDER FOR IT TO DETERMINE THE
PROPER CHARACTERIZATION OF A PROJECT.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary,
Wage Appeals Board [3]
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