CAT CONSTRUCTION, INC., WAB No. 88-36 (WAB May 17, 1991)
CCASE:
CAT CONSTRUCTION, INC.
DDATE:
19910517
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
CAT CONSTRUCTION, INC.
Federal Highway Project
I 76-1(102) WAB Case No. 88-36
Adams County, Colorado
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Patrick J. O'Brien, Member
DATED: May 17, 1991
DECISION OF THE WAGE APPEALS BOARD
This matter is before the Wage Appeals Board on the petition
of Cat Construction, Inc. ("Cat"), from a final ruling of the
Administrator of the Wage and Hour Division dated June 10, 1988,
wherein it was determined that employees of trucking firms hauling
material to a construction site are entitled to Davis-Bacon Act
coverage and entitled to some amount of back wages. This ruling
confirmed an underlying determination by the Colorado Department of
Highways ("CDOH"). Cat claims that the employees in question were
not covered by the Act. Cat further claims that $37,705.10 was
withheld to address a maximum potential liability of $11,624.52.
The Board is unable to address any of these contentions
because of deficiencies in the official record. The most glaring
oversight is the absence of the above-captioned contract. The
Board cannot determine if the government was a party to the
contract; whether Cat was a supplier, a hauler, or a prime
contractor; or whether three times the amount in dispute was
actually or reasonably withheld. [1]
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[2]
Accordingly, this matter is remanded with the following
instructions: within 30 days Wage and Hour and/or the CDOH shall
provide the Board with a record upon which a decision can be based;
furthermore, within that same 30 days, the Wage and Hour Division
and/or the CDOH shall calculate Cat's maximum potential contractual
liability and release or cause to be released the remainder of the
withheld funds.
BY ORDER OF THE BOARD:
Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Patrick J. O'Brien, Member
_____________________________
Gerald F. Krizan, Esq.
Executive Secretary [2]
