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<![CDATA[
CCASE:
HOLLOWAY CONSTRUCTION COMPANY
DDATE:
19850709
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of
HOLLOWAY CONSTRUCTION COMPANY WAB Case No. 85-09
Wixom, Michigan Dated: July 9, 1985
ORDER
On May 3, 1985, Holloway Construction Company petitioned the
Wage Appeals Board for a review of the Assistant Administrator's
ruling of April 4, 1985, that the contractor must pay fringe
benefits for all hours worked, including overtime hours, under the
Davis-Bacon and related acts. The Assistant Administrator filed a
Motion on May 31, 1985 that the Wage Appeals Board decline to
review the petition because the Board upheld the Wage and Hour
Division on the same question of law in G&C Enterprises, Inc., WAB
Case No. 83-07, decided February 8, 1984.
It is clear that the Board has discretion whether or not to
hear and decide appeals. The Board's Rules of Practice at 29 CFR
[secs] 7.1(b) and (c) provide in pertinent part as follows:
(b) The Board has jurisdiction to hear and decide [*] in
its discretion [*] appeals concerning questions of law
and fact from final decisions under Parts 1,3 and 5 of
this subtitle . . . [*] (Emphasis added.) [*] [1]
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[2] (c) In exercising its discretion to hear and decide
appeals, the Board shall consider, among other things,
timeliness, the nature of the relief sought, matters of
undue hardship or injustice, or the public interest.
Therefore, the Board has authority to entertain the Motion For
Wage Appeals Board To Decline To review Petition in this case.
The Board does not see any necessity to reconsider the
position expressed in G&C Enterprises, Inc., supra, that a
contractor is required to pay fringe benefits for all hours worked,
including the overtime hours. This holding was affirmed by the
U.S. District Court for the District of New Jersey in G & C
Enterprises. Inc. v. Wage Appeals Board. U.S. Department of Labor.
et al., Civil Action No. 84-1466 (AET), March 4, 1985, appeal
pending in the Third Circuit, Case No. 85-5253. (Copies of the
Board's decision and the District Court's Opinion are [NOT]
attached and made a part hereof.)
In view of the above, the Board reaffirms its holding in
G&C Enterprises, Inc., supra, and grants the Motion To Decline
To Review Petition of Holloway Construction Company and lets
stand the Assistant Administrator's ruling of April 4, 1985 as
the final ruling of the Department of Labor on this matter.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary,
Wage Appeals Board [2]
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