U. S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
WASHINGTON 25
AUG 6 1962
MEMORAND # 39
TO : AGENCIES ADMINISTERING STATUTES REFERRED To IN 29
CFR, SUBTITLE A, PART 3.
FROM : James R. Beaird
Assistant Solicitor
SUBJECT: Opinions n application of the Davis-Bacon and related
Acts.
Enclosed with previous covering memoranda, copies of
opinions on the application of the Davis-Bacon and related Acts
were furnished you for information and guidance in your enforce-
ment programs under those Acts.
We are now enclosing a copy of a recent opinion on
this same general subject, which we are sure will be of further
interest and assistance to you.
Enclosure





































U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
Donald E. Kropp, P. E.
President
Ohio Society of Professional Engineers
1038 N. Pasadena Avenue
Elyria, Ohio
Dear Mr. Kropp:
Further reference is made to your report concerning
the applicability of the Davis-Bacon Act to individuals
employed as members of survey crews, which was submitted at
a conferences I held with representatives of the Ohio and
National Societies of Professional Engineers on May 29, 1962.
At that time, your Society set forth its position
that the duties of instrumentmen, rodmen and chainmen are
technical in nature and are a part of the engineering process;
that these individuals are not laborers or mechanics and
therefore, are not covered by the aforementioned Act. We
have given your report careful study in our review of the
entire problem.
The question of coverage would appear to involve
two basic issues, First, does the work performed by such
persons constitute construction, alteration, and/or repair?
Second, are the individuals employed in the works laborers
or mechanics within the meaning of the Davis-Bacon Act?
Only when the first question is answered affirmatively would
we be concerned with the second.
Since preliminary survey work merely affects con-
struction without being a part of it, it is our position
that such work is not generally covered by the Davis-Bacon
Act. On the other hand, where surveying is performed
immediately prior to and during actual construction, in
direct support of construction crews, such surveying would
be deemed construction work within the meaning of this act.






















Donald E. Kropp, P. E.        Page 2
Coverage of the individuals performing this work would further
depend upon their individual status as laborers or mechanics.
The Comptroller General has defined the term "laborer"
as "one who performs manual labor or labors at a toilsome
occupation requiring physical strength as distinguished from
mental training and equipment, while a 'mechanic' is any
skilled worker with tools, one who has learned a trade."
(18 Comp. Gen. 341). A determination that certain members
of survey news fall within this category depends largely
upon questions of fact. This determination, which takes
into account the actual duties performed by the employees
involved, is primarily the responsibility of the contracting
agency.
In those cases where the work of an individual
functioning in a survey crew is considered professional or
a sub-professional in character, this Department has held,
in accordance with your view, that one so employed is not
a laborer or mechanic within the meaning of the Davis-Bacon
Act. On the other hand, where individuals perform pri-
marily manual work, such as clearing brush and sharpening
stakes, they would fall within the definition of the term
"laborer". It is my understanding that situations of the
latter kind are not commonplace. However, to the extent
that individuals are so employed, they are covered by
the aforementioned law.
I sincerely hope that these views will be of
assistance to you and the members of your Society and if
I can be of further assistance, please let me know.
Yours sincerely,
Secretary of Labor