MAST CONSTRUCTION, INC., WAB No. 84-22 (WAB Mar. 14, 1986)
CCASE:
MAST CONSTRUCTION, INC.
DDATE:
19860314
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of
MAST CONSTRUCTION, INC. WAB Case No. 84-22
Dun-Rite Construction Corporation Dated: March 14, 1986
Rhode Island
BEFORE: Alvin Bramow, Chairman, Thomas X. Dunn, Member
Stuart Rothman, Member
DECISION OF THE WAGE APPEALS BOARD
This case is before the Wage Appeals Board on the petition
of Dun-Rite Construction Corporation and Arthur Entwistle, Jr.,
its President and owner, seeking review of the Administrative
Law Judge[']s decision of April 12, 1984, as modified by his Order
of May 3, 1984. See attachments.
The Administrative Law Judge found that the petitioners
failed to pay their employees applicable prevailing wage rates
and falsified their certified payroll records. Consequently,
the ALJ ordered that pursuant to the provisions of 29 CFR
[sec] 5.12(a)(1), Dun-Rite Construction Corporation and Arthur
Entwistle, Jr., its President and owner, be debarred for a
period of three years for violations of the National Housing
Act (12 U.S.C. [sec] 171[5]c), the Contract Work Hours and Safety
Standards Act (40 U.S.C. [sec] 327 et seq.), and the Department of [1]
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[2] Labor Regulation[s], 29 CFR Part 5.
The Board considered this appeal on the basis of the entire
record before the ALJ, the petition for review, brief and reply
brief on behalf of the petitioners, the statement on behalf of
the Administrator filed by the Solicitor of Labor, and a hearing
before this Board held on March 5, 1986 at which interested
persons were present and participated. Nothing new was adduced
at the hearing which would detract from the decision of the ALJ.
Therefore, the findings and conclusions of law and the Order set
forth in the Administrative Law Judge's Decision and Order are
adopted in their entirety as the Decision of the Wage Appeals
Board.
With respect to the issue of interest of moneys withheld
and then returned to petitioner, the Board is not aware of any
authority, either by statute, regulation or case law, which
grants the Secretary of Labor the right to award interest as
requested by the petitioner. This Board acts only as fully
and finally as the Secretary of Labor concerning the matters
within its jurisdiction. /FN1/ Therefore, the Board lacks
jurisdiction to award petitioners interest on moneys withheld. [2]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ Secretary of Labor's Order 24-70, dated October 7, 1970
(F.R. Vol. 36, No. 5 at 306, January 8, 1971) and 29 CFR [sec]
7.1(d). [2]
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[3] In view of the foregoing, the Decision and Order 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]
