September 17, 2008 DOL Home > OALJ Home > Davis-Bacon Act |
USDOL/OALJ Reporter Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210
ARB CASE NO. 97-095
In the Matter of:
AETNA BRIDGE HOLDING
COLETTA'S DOWNTOWN AUTO
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
On October 29, 1996, the Administrative Review Board found that tow truck drivers who assist motorists and tow disabled vehicles from travel lanes on a bridge undergoing repair financed in part with funds under the Federal-Aid Highway Act (FHwA) were not laborers or mechanics covered by the Davis-Bacon Act or its Related Act, the FHwA. The bridge repair contractor, Aetna Bridge Holding Company, seeks in this Supplemental Petition for Review award of prejudgment interest on progress payment funds withheld in 1993 by the Rhode Island Department of Transportation at the request of the Department of Labor's Wage and Hour Division after its investigation. [Page 2]
The Petition is denied.1 The cases cited and principles discussed in Aetna's Supplemental Petition are
inapposite. The ARB simply has no statutory authority to waive sovereign immunity and award
interest. See Mast Construction, Inc., WAB (Wage Appeals Board) Case No. 84-22
(March 14, 1986); Library of Congress v. Shaw, 478 U.S. 310, 314-15 (1986).
Accordingly, this matter is DISMISSED.
SO ORDERED.
DAVID A. O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
|
||||||||
|