[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D.C.
PARKSIDE HOUSING ASSOCIATES PROJ. WAB Case No. 87-53
Philadelphia, PA
Wage Dec. No. PA-84-3041 Dated: February 27, 1989
ORDER TO REMAND
On February 3, 1989, the Wage Appeals Board heard oral
argument on this appeal by the developer of the Parkside Housing
Associates Project of Philadelphia, Pennsylvania, seeking to
reverse a ruling of the Wage and Hour Administrator dated October
27, 1987 bearing on the wage determination applicable to the
Parkside project.
At the February 3, 1989 hearing petitioner tried to offer
evidence to the Board which was not in the record and which the
Administrator had not considered. Petitioner represented that if
given the opportunity it would produce certain evidence tending to
show that construction of the project started in 1984, instead of
1987. The Board heard the petitioner and believes a substantial
part of petitioner's statements may be self-serving and not
supported by the evidence.
However, since petitioner made these statements, the Board
does not wish to deny petitioner the opportunity to submit its
evidence to the Administrator. Therefore, the Board is remanding
the case to the Administrator with the following instructions.
1. Petitioner should provide the Administrator with copies of
certified payrolls which will show what wage rates were paid
to construction workers on the Parkside project in 1984, 1985
and 1986, and to whom these wages were paid.
2. Petitioner should provide evidence describing the
litigation that caused the project to be delayed. This should
also include a description of what the litigation was about
and how long it took.
3. Petitioner should provide a statement indicating when
construction started and of what it consisted.
4. Petitioner should provide a detailed breakdown of the
$60,000 it claims was paid in 1984 and describe the
construction work these funds paid for.
5. Petitioner should provide the Administrator with a
narrative describing when and how Alan Sobel replaced the
prior developer, Brice, and when and what documents Alan Sobel
signed with the Department of Housing and Urban Development
when he replaced Brice on the project. [1]
[2] The Board has directed that such evidence as the petitioner
desires to provide to the Administrator should be delivered to the
Wage and Hour Division no later than March 31, 1989. No evidence
from work caused by the City of Philadelphia orders to clean up the
premises should be considered.
The petitioner must demonstrate to the satisfaction of the
Administrator that the claimed work and the establishment of
temporary lighting was undertaken with the intention of proceeding
forthwith with the prosecution of the project work pursuant to the
loan documents and a continuing performance schedule with which the
general contractor was expected to comply. This is an essential
element of the basis upon which this remand is made. Failing
such proof, the decision of the Administrator should stand.
BY ORDER OF THE BOARD
Craig Bulger, Executive Secretary
Wage Appeals Board [2]
