Dispute concerning the payment of
prevailing wage rates on federally
funded public works projects
known as Alaska Village Safe
Water projects.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Petitioner:
William Lathan, Pro se,
Anchorage, Alaska
ORDER DISMISSING THE PETITION
FOR REVIEW WITHOUT PREJUDICE
On April 28, 2000, the Administrative Review Board received a petition filed
by William Lathan (Petitioner) seeking a review of the prevailing wages paid to workers employed
at Alaska Village Safe Water projects. The Petitioner sought the review pursuant to the Davis-Bacon
Act (40 U.S.C. §276a et seq.).
The Board requested the Petitioner to provide a copy of the final determination
of the Administrator of the Wage and Hour Division (Administrator) being appealed. The Petitioner
supplied some additional documents on May 12, 2000, but his submission did not include a copy of
a final order of the Administrator.
On May 22, 2000, the Board ordered the Petitioner to show cause why his
petition should not be dismissed on the ground that he has failed to comply with 29 C.F.R.
§1.9 (1999). This regulation provides that before a petitioner may obtain review of the wage
determination by the Board, the petitioner must first request the Administrator to reconsider the wage
determination and the Administrator must, in turn, act upon the request.
1 Requests for review and reconsideration
as provided in 29 C.F.R. 1.8 may be addressed to:
T. Michael Kerr, Administrator
Wage and Hour Division
Employment Standards Administration
United States Department of Labor
200 Constitution Ave, N.W.
Suite S-3502
Washington, D.C. 20210