U. S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR WASHINGTON 25 MEMORANDUM # TO: AGENCIES ADMINISTERING STATUTES REFERRED TO IN 29 CFR, SUBTITLE A, PART 5. FROM: James M. Miller Assistant Solicitor SUBJECT: Opinions on 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 DB-12 10K 250e(4) U. S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR WASHINGTON 25 September 26, 1961 Mr. E. Irving Manger Assistant to the General Counsel Labor Relations Branch Office of Chief of Engineers Department of the Army Washington 25, D. C. Re: E-62-295 & 296 Oklahoma Dear Mr. Manger: It has been brought to my attention that my letter of September 13, 1961, may be subject to misunderstanding and that some clarification would be helpful. At the time it was written, we had under consideration (as indicated on the first page) only hauling activities. Further- more, the only problem before us involved the owner-operators of trucks. Consequently, the references on the second page of my letter to "trucks and similar construction equipment" should be understood as applicable only to the various types of hauling equipment. It was not intended to encompass other equipment such as bulldozers, scrapers, backhoes, cranes, drilling rigs, welding machines and the like. It will be appreciated if you will advise your field personnel that the enforcement position taken in my previous letter is thus limited and that normal enforcement action will be expected in appropriate cases involving owner-operators of equipment other than that used exclusively for hauling. Yours sincerely, /s/ Charles Donahue Solicitor of Labor