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<![CDATA[
CCASE:
SAINER CONSTRUCTORS
DDATE:
19851015
TTEXT:
~1
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
SAINER CONSTRUCTORS, INC. WAB Case No. 85-13
Prime Contractor
&
Doyle Electric Company
Subcontractor Dated: October 15, 1985
EDA Project-Countryside
High School, ClearwateR, FL
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
Doyle Electric Company, subcontractor, seeking review of the
Administrative Law Judge's decision of April 18, 1985. See
attachment.
The Administrative Law Judge found that the statute of
limitations in the Portal-to-Portal Act, 29 U.S.C. 255, is not
applicable to the administrative processes in the instant case
and that the petitioner violated the Economic Development Act
of 1965, as amended, 42 U.S.C. [sec] 3222 and the Department of
Labor Regulations, 29 CFR Part 5, by employing electrician
apprentices in excess of the applicable permissible ratio of
apprentices to journeymen. Consequently, the petitioner is [1]
~2
[2] liable for underpayment to employees of $16,461.90 in back
wages, and not $7127.52 by the method petitioner used to compute
back wages.
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 to the authorities cited by the Administrative
Law Judge 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, the Third
Circuit in Glenn Electric Co.. Inc. v. Donovan, 755 F.2d 1028
(1985) affirmed the Wage Appeals Board's decision in Glenn Electric
Company, Inc., WAB Case No. 79-21 (March 22, 1983) which also takes
this position.
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 [2]
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