Intermediate Care Facility, Shively, Kentucky, WAB No. 74-02 (WAB July 12, 1974)
CCASE:
INTERMEDIATE CARE FACILITY Shively
DDATE:
19740712
TTEXT:
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UNITED STATES OF AMERICA
UNITED STATES DEPARTMENT OF LABOR
WAGE APPEALS BOARD
WASHINGTON, D. C.
IN THE MATTER OF
Prevailing Wage Rates Applicable to WAGE APPEALS BOARD
the Construction of the Department
of Housing and Urban Development Case No. 74-02
Intermediate Care Facility, Wage
Determination No. AQ-4022, Dated: July 12, 1974
Shively, Kentucky
The Wage Appeals Board heard this matter on July 10, 1974.
After considering all matters submitted orally and in writing, the
Board issues the following order. This will be supplemented in due
course with a decision under the practice used at times to
accom[m]odate parties and agencies under time limitations.
ORDER
1. The United States Department of Labor, Employment
Standards Administration has for some time recognized two
categories of building wage rate predeterminations for the
Louisville area, Jefferson [1]
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[2] County Kentucky, a general building (commercial) wage rate schedule
and a residential wage rate schedule. The Petitioner alleges information
given him by the administering agency, HUD, that more than 90 % of all
nursing home and intermediate health care facilities in Kentucky including
Jefferson County are built under the residential wage rate
schedule. Petitioner, under the circumstances thereby raised a
substantial question whether the building and construction industry
in Jefferson County has accepted the exclusion from the general
building category of projects of a character similar to the
proposed contract work; namely, a 120 unit single story
intermediate care facility of the physical characteristics as
described at the hearing, and undertaken pursuant to The National
Housing Act (12 U.S.C. 1715c).
2. To resolve this question, this case is remanded to the
Administrator of the Employment Standards Administration with the
following directions:
a. The ESA shall proceed expeditiously with a study
including a survey following applicable departmental time
and locality regulations.
b. The survey shall exclude the Klondike Intermediate
Care facility. [2]
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[3] c. The survey shall include all other intermediate care
facilities, all residential dormitories at schools,
colleges or similar institutions, all motels and all
similar projects used for residential purposes on a room
rental or a room use basis, provided that facilities
included in the survey shall not be dependent upon
passenger elevator service as an important or necessary
or integral part of the facility.
d. For purpose of clarification, low rise residential
housing of self contained dwelling units with or without
elevators and single family homes shall not be included
in the survey.
SO ORDERED:
(s) Oscar S. Smith, Chairman
(s) Stuart Rothman, Member
(s) Clarence D. Barker, Member [3]
