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<![CDATA[
CCASE:
UNITED ASSOCIATION OF JOURNEYMEN
DDATE:
19910329
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND WAB Case No. 90-40
PIPEFITTING INDUSTRY,
LOCAL 469
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Patrick J. O'Brien, Member
DATED: March 29, 1991
DECISION OF THE WAGE APPEALS BOARD
This case is before the Wage Appeals Board on the petition of
the United Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry, Local 469 ("Petitioner" or
"Local 469"), seeking review of a final ruling by the Acting
Administrator, Wage and Hour Division. The matter addresses the
question of whether a delay in incorporation of revised collective
bargaining pay scales into a wage rate determination constitutes a
"clerical error" within the meaning of 29 C.F.R. 1.6(d) and
occasions a retroactive wage rate increase. It does not. [1]
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[2]
On January 13, 1988, Voith Hydro, Inc., was awarded a contract
by the Department of the Interior to build, test, and install
equipment at the Waddell generating plant in Arizona. The contract
contained a wage rate determination containing current collectively
bargained rates. Thirty-two days later, on February 14, 1988, the
relevant collective bargaining agreement ("CBA") was amended to
include a geographic area premium, covering the Waddell site. (FOOTNOTE 1)
That amendment was conveyed to Wage and Hour some six months later,
on August 25, 1988. On November 6, 1989, and again on January 3,
1990, petitioner requested a letter of inadvertence due to clerical
error to increase (both currently and retroactively) the wages and
fringe benefits applicable to the Waddell project.
The Acting Administrator responded on August 17, 1990,
regretting the delay, informing the petitioner of the installation
of an automated wage determination generation system designed to
improve the timeliness of updating relevant collectively bargained
rates, but denying the existence of a clerical error responsible
for the delay in amending the determination applicable to the
Waddell project.
Section 1.6(d) of the regulations found at 29 C.F.R., permits
a retroactive wage increase where an incorrect rate is contained in
an area determination as a result of a clerical error. The
petitioner concedes the absence of any affirmative conduct
constituting an "error." Accordingly, the petition is dismissed
for failure to state a cognizable cause of action. See Builders,
Contractors and Employees Pension and Retirement Trust, WAB Case
No. 90-28 (March 1, 1991).
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]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
(FOOTNOTE 1) The Solicitor also argues that the wage rates espoused by
Local 469 would not apply to the seven southern counties of
Arizona, as that area was located outside 469's jurisdiction. This
point was not a basis of the Acting Administrator's decision, nor
was it raised in the petition for review. Accordingly, although
the Board finds this argument highly persuasive, it need not be
reached. [2]
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