U. S. DEPARTNENT OF LABOR
OFFICE OF THE SOLICITOR
WASHINGTON 25
September 27, 1960
Mr. M. F. Gonzales, Vice-President
Contract Relations
Smith Construction Company
P. O. Drawer 1831
Pensacola, Florida
Re: Contract NBy-25387
Whiting Field
Milton, Florida
Our files E-61-171, 172 & 275
Dear Mr. Gonzales:
This is in reply to your letter and enclosures 
of August 5, 1960, transmitted to us under a cover letter
of August 9, 1960, from Mr. M. J. Noonan, Jr., Vice-President
of the Noonan Construction Company, Inc., the prime contrac-
tor under which your firm is performing as a subcontractor
on the above Navy contract. This will also supplement the
conference you attended at this Office on August 30, 1960,
with representatives of our Coordination of Enforcement
Branch, regarding the applicability of the contract labor
standards provisions to certain work being performed in
connection with the subject contract.
The contract involved, as described in your corre-
spondence, covers the construction of a runway and aircraft
parking apron. Section 2 of the specifications contains
language describing the work to be done under "Clearing, Grub-
bing and Removal work". Subparagraph 2.3 of this Section is
quoted by you as follows:
"2.3 Disposal of Cleared and Grubbed Material. 
All timber from which saw logs, pulpwood, posts, poles, ties,
or cordwood can be produced, will become the property of the
Contractor and shall-be removed from the site prior to the
completion of the work."




















Mr. M. F. Gonzalaz, Vice-President    Page 2
The preamble to the heavy and highway construction
schedule of wage rates contained in the contract sets forth
that this schedule of wages is applicable only to the con-
atruction of the aprons, runways, taxiways and roads (in-
cluding all site preparation) as well as drainage, lighting .
and grassing directly connected with the aforementioned
aprons, runways, taxiways and roads.
The first phase of construction under the contract
has been described as clearing and grubbing. Incidental, to
the clearing and grabbing is the disposal of a substantial
amount of merchantable timber mentioned above. While the
removal of the tree stumps and the disposal of the tree tops
and the rubbish in connection with the clearing and grubbing
phase of the contract work is performed directly by employees
of subcontractor Smith, the harvesting of the pulpwood (i.e.
the cutting, collecting and hauling away) is done by em-
ployees of the Estes Forest Products Corporation, under a
contract between the latter firm and Smith.
Shortly after the commencement of work by the
Estes firm, the Navy representative on the job apparently
notified you that Estes was a subcontractor under Contract
NBy-25387 and that the pulpwood harvesters on the site were
laborers and mechanics within the meaning of the Davis-Bacon
Act and the contract labor standards provisions. You have
asked us to review this matter and issue a formal ruling ,
therein. In the meantime, it appears that the prime con-
tractor and the Contracting Officer have agreed to suspend
further action in this matter pending our review, with the
understanding that, should this Department confirm the de-
cision of the Navy representative as to coverage of the
Estes employees, restitution will .be made in conformity with
the minimum wage requirements of the contract.
We have reviewed this matter in the light of our
February 11, 1957, decision addressed to the Department of
the Air Froes regarding the applicability of the Davis-Bacon
Act to work performed by employees of a pulpwood broker to
whom your firm had sold all the pulpwood to be cleared under
Contract AF 08(803)-2596 at Eglin Air Force Base, Florida.
In that decision (copy enclosed), we said:

















Mr. M. F. Gonzalaz, Vice-President    Page 3
"The work to be performed under contract included
the clearing of timber. This clearing work necessarily in-
cluded the cutting and removal of timber from the project
site. The cutting and removal of timber from the project
site was a contract requirement and an obligation of the
prime contractor. Regulations, Part 5, (29 CFR, Subtitle
A) of the Department of Labor, Section 5.2(f) (copy en-
closed) defines the term "work" to include "clearing".
Since the cutting and removal of timber was required by
the specifications of the contract, laborers and mechanics
employed in the performance of that work were within the
coverage of the Davis-Bacon Act, as amended, and the Eight
Hour Laws. The fact that the contractor sold the pulpwood
as standing timber instead of cutting and hauling it to the
mill with his own employees did not remove the work from
the coverage of the Davis-Bacon Act and the Eight Hour Laws.
Also enclosed are excerpts from a decision of
May 7, 1954, rendered by this Department under similar
circumstances, and holding that the removal of all timber,
marketable and unmarketable, was a contract requirement
calling for coverage under the contract labor standards
provisions of the workers performing such activity.
We see no basis for altering our coverage views
as expressed in Section 5.2(f) of Regulations, Part 5, and
as further set forth in the rulings above cited, among others.
Accordingly, we confirm the decision of the Navy under the
subject contract.
Copies of this letter and enclosures have been
furnished the Noonan Construction Company, the Bureau of
Yards and Docks, Department of the Navy, the Corps of Engi-
neers and the Department of the Air Force, in view of their
concern in this subject as mentioned in your correspondence.
Very truly yours,
Harold C. Nystrom
Acting Solicitor of Labor
Enclosures