|
<![CDATA[
CCASE:
EVER GREEN CONSTRUCTION
DDATE:
19860912
TTEXT:
~1
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D.C.
In the Matter of
EVER GREEN CONSTRUCTION, INC. WAB Case No. 86-04
Offutt Air Force Base, Nebraska Dated: September 12, 1986
DENIAL OF MOTION FOR RECONSIDERATION
The Wage Appeals Board is in receipt of a Motion for
Reconsideration of its decision dated July 21, 1986 in the above-
captioned appeal. The Motion was filed by counsel for the
Administrator of the Wage and Hour Division and was supported by a
brief relying on an argument that the regulation at 29 CFR 1.6(f)
is not applicable to the circumstances of this case.
The majority of the Board has reexamined its decision in
light of the arguments contained in the Administrator's Motion
for Reconsideration and hereby reaffirms its decision, therefore
the Motion is denied.
Dissenting opinion of Member Dunn: There is merit to the
Motion for Reconsideration and I would grant it. At least the
Board should permit argument on an issue not raised in the
briefs. I am concerned that the procedure which we now require
the Administrator to follow may create turmoil in future similar
cases where contractors have bid and the contract was awarded
based on a wage determination and the procedures set forth in
Sec. 5.5(a)(1)(ii) of the regulations. The Board has always
been cautious that the bidding process is fairly preserved for
all contractors and that they are all aware of the proper
application of the regulations in such process.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary
Wage Appeals Board [1]
]]>
|
