U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
WASHINGTON 25
January 29, 1963
MEMORANDUM # 48
TO: AGENCIES ADMINISTERING STATUTES REFERRED TO IN 29
CFR, SUBTITLE A, PART 5.
FROM: E. Irving Manger
Associate Administrator
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-33
U.S. DEPARTMENT OF LABOR 308(b)
OFFICE OF THE SOLICITOR
WASHINGTON 25
January 11, 1963
Lt. Colonel John S. Wilson, JAGC
labor Adviser
Office of Assistant Secretary of the
Army for Logistics
Department of the Army
Washington 25, D. C.
Re: Zirbser Brothers, Inc.
Contracts DA-28-013-Al-2353,
2400, and 2550
Fort Dix, New Jersey
Our files E-62-698-700
Dear Colonel Wilson:
Reference is made to the recent report of your
Office, regarding previously alleged labor standards irregu-
larities involving the above contractor under the subject
three contracts at Fort Dix, New Jersey. The matter
originated in a routine FLSA investigation which indicated
apparent violations of the contract labor standards require-
ments, and the evidence thus developed was referred to your
Office for appropriate action.
We have noted the conclusions set forth in your
report and, while we agree with your recommendation that,
under the circumstances, no further enforcement action be
taken, we would like to clarify several matters regarding
the subject of unregistered apprentices, to avoid any pos-
sible future misunderstandings with respect thereto.
Although the report furnished us describes this
Department’s position to be that "unregistered apprentice
work must be construed to be journeyman work", and although
the original investigator*s narrative report might have been
construed as indicative of such a view, we would like to em-
phasize that such is not this Department's position regarding




















Lt. Colonel John S. Wilson      Page 2
unregistered apprentices. Rather, in the event employees
reported as apprentices on a covered job are found to be
improperly registered within the meaning of the Regulations
and the contract stipulations, they are entitled to be compen-
sated as are any other laborers and mechanics employed on the
job (regardless of the work classifications which may be
utilized on the submitted payrolls), namely, on the basis of
the kind or classification of work they actually performed.
In the case of improperly registered apprentices, while the
reporting of such on certified payrolls may well give rise to
a presumption that they did craft work, such presumptions are
rebuttable on a showing that de facto they did work other than
the craft work. However, we are sure you will agree that such
improperly registered apprentices, who actually performed craft
work, would clearly be entitled to the journeyman's rate for
such work. Moreover, it is our understanding of the Comptroller
General's decision mentioned in your report, inasmnuch as it
refers in passing to this subject, that it contains nothing
which would conflict with the above-stated basic labor stand-
ards compliance principle, namely, that a laborer and mechanic
employed on a covered job is entitled to receive not less than
the contract mintens for the kind of work he actually performed, .
and that the degree of skill p'ossessed by the worker is not a
controlling factor.
While we are sure that your Office is in agreement
with ours on the above basic considerations, we deemed it best
to restate our position so that no misunderstanding could derive
13Nxa some of the language used in our investigation report and
in the report submitted from F6rt Dix through your Office.
Meanwhile, as previously mentioned, we fully agree that no useful
purpose would be served by seeking at this time to reconstruct
the facts here involved. Accordingly, we have closed our files
in the case.
Yours sincerely,
Charles Donahue
Solicitor of Labor
By
E. Irving Manger
Associate Administrator