CCASE:
LOWER POTOMAC POLLUTION
DDATE:
19770930
TTEXT:
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[1] [ 77-20.WAB ]
TELEGRAPHIC MESSAGE
NAME OF AGENCY: U.S. DEPARTMENT OF LABOR
OFFICE OF THE UNDER SECRETARY
ACCOUNTING CLASSIFICATION: 7165-1-1-M-002-71000-2330-000
DATE PREPARED: 9/30/77
NAME: CRAIG BULGER PHONE NUMBER: 523-9039
TO: ALL PERSONS ON THE ATTACHED LIST
DECISION OF THE WAGE APPEALS BOARD
RE: LOWER POTOMAC POLLUTION CONTROL PLANT WAB CASE NO. 77-20
PREVAILING WAGE RATES APPLICABLE TO THE CONSTRUCTION OF
LOWER POTOMAC POLLUTION CONTROL PLANT FINAL ADVANCED
WATER TREATMENT FACILITIES, CONTRACT C-30325, E.P.A.
PROJECT NO. C-10440-02, FAIRFAX COUNTY, VA.
BEFORE: THOMAS M. PHELAN, BOARD MEMBER
THE WASHINGTON BUILDING AND CONSTRUCTION TRADES COUNCIL AND
THE BUILDING AND CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, HAVE
APPEALED A DECISION BY THE ASSISTANT ADMINISTRATOR, WAGE AND HOUR
DIVISION, TO ISSUE BUILDING AND HEAVY WAGE RATES TO APPLY TO
CONSTRUCTION OF THE SUBJECT PROJECT. PETITIONERS STATE THAT A
RECENT SURVEY OF SEWAGE AND WATER TREATMENT PLANTS DEMONSTRATED
THAT ONLY A SINGLE SET OF WAGE RATES HAVE BEEN PAID ON SIMILAR WORK
IN FAIRFAX COUNTY IN THE PAST. [1]
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THE BOARD FINDS THAT THE DESCRIPTION OF WORK PROVIDED TO THE
DEPARTMENT CLEARLY SHOWS THAT BOTH BUILDING AND HEAVY CONSTRUCTION
ARE TO BE INCLUDED IN THE PROJECT. WHEN IT IS CLEAR FROM THE
NATURE OF THE PROJECT ITSELF IN A CONSTRUCTION SENSE THAT IT IS TO
BE CATEGORIZED AS EITHER BUILDING, HEAVY OR HIGHWAY CONSTRUCTION,
IT IS NOT NECESSARY TO RESORT TO AN AREA PRACTICE SURVEY TO
DETERMINE THE APPROPRIATE CATEGORIZATION OF THE PROJECT. THE
ASSISTANT ADMINISTRATOR'S FAILURE TO CONSIDER THE AREA PRACTICE IN
THIS CASE WAS THEREFORE NOT IMPROPER. THE AREA PRACTICE WITH
RESPECT TO WAGES COULD NOT CONVERT WHAT IS CLEARLY ONE CATEGORY OF
CONSTRUCTION INTO ANOTHER CATEGORY. HOWEVER, WAGE RATE INFORMATION
FROM THE SURVEY MAY BE USED TO ESTABLISH PREVAILING BUILDING OR
HEAVY WAGE SCHEDULES TO BE USED IN THE COUNTY FOR OTHER BUILDING OR
HEAVY PROJECTS. SINCE BOTH [2]
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[3] BUILDING WORK AND HEAVY WORK ARE INVOLVED IN THIS PROJECT, THE
ASSISTANT ADMINISTRATOR IS CORRECT IN ISSUING WAGE SCHEDULES FOR BOTH
TYPES OF WORK.
THE BOARD HAS NOT BEEN ASKED TO REVIEW, AND THEREFORE HAS NOT
REVIEWED, THE SCHEDULES ISSUED TO DETERMINE WHETHER THEY ARE
CORRECT.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary [] [3]
