THOMAS J. CLEMENTS, INC., WAB No. 84-12 (WAB Jan. 25, 1985)
CCASE:
THOMAS J. CLEMENTS, INC.
DDATE:
19850125
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of
THOMAS J. CLEMENTS, INC., CONTRACTOR WAB Case No. 84-12
Little Oak Apartments Investors
Concept Interior Designs, Prime Dated: January 25, 1985
Contractor, and
Park Village Apts., Investors
HUD Proj. Nos. 136-35541-PM-EC-L8
and 136-35560-PM-ED, California
BEFORE: Alvin Bramow, Chairman, Stuart Rothman, Member and
Thomas X. Dunn, Member
DECISION OF THE WAGE APPEALS BOARD
This case is before the Wage Appeals Board on the petition of
Thomas J. Clements, Thomas J. Clements, Inc., Little Oak Apartments
Investors, and Park Village Apartments Investors seeking review of
the Administrative Law Judge's decision of June 14, 1984. See
attachment.
The Administrative Law Judge found that Petitioners (excluding
Thomas J. Clements, Inc.) had failed to pay applicable prevailing
wage rates and overtime pay to 80 employees and held those
petitioners liable for $205,905.60 in back wages under the labor
standards provisions of the National Housing Act (12 USC 1715c),
the U.S. Housing Act of 1937, as amended, (42 USC 1437j), the
Contract Work Hours and Safety Standards Act (40 USC 327 et seq.),
and the regulations promulgated thereunder, 29 CFR, Part 5. [1]
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[2] The findings and conclusions of law and the Order set forth
in the Administrative Law Judge's Decision are adopted in their
entirety as the Decision of the Wage Appeals Board.
In addition, this Board affirms its previous holdings that
administrative proceedings before an Administrative Law Judge and
before this Board are not barred by the statute of limitations
contained in the Portal-to-Portal Act, 29 USC 255, J. Slotnik
Company, WAB Case No. 80-05 (March 22, 1983) and Glenn Electric
Company, Inc., WAB Case No. 79-21 (March 22, 1983). This Board in
so holding followed the United States Supreme Court's ruling in
Unexcelled Chemical Corp. v. U.S., 345 U.S. 59 (1953) which held
that an administrative proceeding is not an "action" within the
meaning of the statute of limitations under the Portal-to-Portal
Act.
This Board further concludes that the statute of limitations
found in the Portal-to-Portal Act does not govern a collection
action brought in the U.S. District Court under the National
Housing Act, U.S. Housing Act of 1937, and the Contract Work Hours
and Safety Standards Act. These Acts are governed by the general
six-year limitation period prescribed in 28 USC 2415. See Glenn
Electric Co., Inc. v. Donovan, 101 LC 34,571 (D.Pa. 1984) (appeal
pending) and [2]
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[3] United States v. Deluxe Cleaners and Laundry, Inc, 511 F.2d
926 (4th Cir. 1975).
In view of the foregoing, the decision of the Administrative
Law Judge is affirmed and the petition herein is dismissed.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary
Wage Appeals Board [3]
