Plumbers Local Union No. 27, ARB No. 97-106 (ARB July 30,
1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-106
DATE: July 30, 1998
In the Matter of:
PLUMBERS LOCAL UNION NO. 27 In re: Davis Bacon Wage Survey,
Wage Determination No. PA960013, Mod.
No. 1, August 16, 1996
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND ORDER
This matter is before the Administrative Review Board pursuant to the
Davis-Bacon Act, as amended (DBA), 40 U.S.C. §276a et seq., and 29 C.F.R.
Part 7. Petitioner Plumber's Local Union No. 27 (Local 27) seeks review of the Wage and Hour
Division's April 24, 1997 final determination, issued by the Division's National Office Program
Administrator ("Administrator"). The Administrator denied Local 27's request for
reconsideration of the plumber's wage rate for residential construction in Allegheny County,
Pennsylvania, as published in Davis-Bacon Wage Determination No. PA 960013, Modification
No. 1, dated August 16, 1996.
1 The Building and Construction
Trades Department's request to intervene is granted, as are motions for extensions of time for filing
briefs filed by the BCTD and Local 27.
2 There is no data in the
Administrative Record documenting Local 27's representation that responses were submitted reporting
wages paid to 505 plumbers on residential projects, mostly on federally-funded jobs. However, we note
that the Administrator nowhere contests Local 27's representation, and we therefore accept it as
accurate.
3 Although the Administrator's
Statement indicates that data on eight plumbers was considered, Statement at 3, wage data on only six
plumbers can be identified on the Project Wage Summary sheets. See AR Tab E.
4 According to the Administrator, the
"6 worker/3 contractor" rule has been abandoned in practice, although the policy still is
found in the Manual of Operations. Statement of the Administrator at 8, n. 6.
5 Implementation of the regulation
was enjoined following a legal challenge, Building and Constr. Trades Dep't, AFL-CIO v.
Donovan, 553 F. Supp. 352 (D. D.C. 1982), but the regulation subsequently was approved at the
appellate level. Building and Constr. Trades Dep't, AFL-CIO v. Donovan, 712 F. 2d 611 (D.C.
Cir. 1983), cert. denied, 464 U.S. 1069 (1984). The regulation was fully implemented by
Federal Register notice published January 31, 1985. 50 Fed. Reg. 4506 (1985).
6 Bureau of the Census, U.S. Dep't
of Commerce, 1990 CP-1-40, Census of Population, General Population Characteristics,
Pennsylvania, 1 (1992).