HARTSFIELD ATLANTA INTERNATIONAL AIRPORT, GEORGIA, WAB No. 77-34 (WAB Jan. 27, 1978)
CCASE:
WAGE RATES FOR EXT. OF RUNWAY 10-28 NAS
REVIEW OF WAGE RATES IN WAGE DECISION NO. 77-GA-583
DDATE:
19780127
TTEXT:
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[1] [ 77-34.WAB ] TELEGRAPHIC MESSAGE
NAME OF AGENCY: U.S. DEPARTMENT OF LABOR
OFFICE OF THE UNDER SECRETARY
ACCOUNTING CLASSIFICATION: 8165-1-1-M-002-2330-000
DATE PREPARED: 1/27/78
NAME: CRAIG BULGER PHONE NUMBER: 523-9039
TO: ALL PERSONS ON THE ATTACHED LIST
DECISION OF THE WAGE APPEALS BOARD
RE: WAGE RATES FOR EXTENSION OF RUNWAY 10-28 NAS, NORFOLK, VA.
WAB CASE NO. 77-32
AND
REVIEW OF WAGE RATES IN WAGE DECISION NO. 77-GA-583, FOR
TAXIWAY CONSTRUCTION AT HARTSFIELD ATLANTA INTERNATIONAL
AIRPORT, GEORGIA
WAB CASE NO. 77-34
BEFORE: ALFRED L. GANNA, CHAIRMAN, THOMAS M. PHELAN, MEMBER, AND
WILLIAM T. EVANS, MEMBER
A PETITION HAS BEEN PRESENTED BY THE NAVAL FACILITIES
ENGINEERING COMMAND TO THE BOARD REQUESTING REVIEW OF HEAVY
CONSTRUCTION WAGE RATES DETERMINED BY THE ASSISTANT ADMINISTRATOR
FOR CONSTRUCTION OF A RUNWAY EXTENSION AND OVERLAY AT THE NAVAL AIR
STATION, NORFOLK, VA. CONCURRENTLY, ANOTHER PETITION BY THE CITY
OF ATLANTA REQUESTED REVIEW OF HEAVY RATES DETERMINED FOR
CONSTRUCTION OF A TAXIWAY AT HARTSFIELD ATLANTA INTERNATIONAL
AIRPORT, ATLANTA, GA. SINCE THE QUESTION PRESENTED IN [1]
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[2] THE TWO PETITIONS WAS SIMILAR, THE BOARD ORDERED THE CONSOLIDATION
OF THE CASES PURSUANT TO SECTION 7.13, 29 CFR, PART 7[.] A HEARING
ON THESE CASES WAS HELD BY THE FULL BOARD ON JANUARY 25, 1978.
THE WAGE AND HOUR DIVISION STIPULATED AT THE HEARING THAT THE
PRACTICE TRADITIONALLY FOLLOWED BY THE DEPARTMENT OF LABOR, WITH
FEW EXCEPTIONS, HAD BEEN TO CONSIDER RUNWAY, TAXIWAY AND SIMILAR
AIRPORT CONSTRUCTION OF A CHARACTER SIMILAR TO HIGHWAY CONSTRUCTION
AND HAD ISSUED HIGHWAY RATES FOR THESE TYPES OF PROJECTS. THE
ASSISTANT ADMINISTRATOR CONSIDERED THE WAGE APPEALS BOARD'S
DECISION IN WAB CASE NO. 76-05 FOR WASHINGTON NATIONAL AIRPORT AS
A GENERAL INSTRUCTION TO HENCEFORTH CONSIDER RUNWAYS AND TAXIWAYS
AS HEAVY CONSTRUCTION. IT WAS ON THIS BASIS ALONE THAT THE WAGE AND
HOUR DIVISION ISSUED HEAVY RATES FOR RUNWAYS AND TAXIWAYS AT
NORFOLK AND ATLANTA. [2]
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[3] AT THE HEARING ON JANUARY 25, IT WAS APPARENT THAT WAGE AND
HOUR DIVISION WAS RELYING STRONGLY ON LANGUAGE IN THE WASHINGTON
NATIONAL AIRPORT CASE CONCERNING A WELL ESTABLISHED ADMINISTRATIVE
PRACTICE ADOPTED AT THE START OF THE INTERSTATE HIGHWAY PROGRAM NOT
TO USE HIGHWAY WAGE RATES AS A BASIS FOR NON-HIGHWAY WORK. SINCE
IT WAS STATED AT THE HEARING THAT THE DEPARTMENT OF LABOR HAD
CONSIDERED RUNWAYS AND TAXIWAYS AS PROJECTS OF A CHARACTER SIMILAR
TO HIGHWAYS SINCE THE ESTABLISHMENT OF THE FEDERAL HIGHWAY PROGRAM
AND UTILIZED WAGE RATES FROM HIGHWAYS FOR THESE PROJECTS, IT IS
APPARENT THAT RUNWAYS AND TAXIWAYS HAVE NEVER BEEN CONSIDERED "NON-
HIGHWAY WORK" SUBJECT TO THE SO-CALLED "WELL ESTABLISHED,
PRINCIPLE." THIS BOARD DOES NOT FIND THIS INTERPRETATION A
VIOLATION OF THE SPIRIT OR INTENT ACTS. THERE IS NO INDICATION
THAT THE [3]
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[4] FEDERAL HIGHWAY ACTS WERE INTENDED TO CHANGE THIS
PRACTICE AND IN FACT, THEY DID NOT CHANGE THIS PRACTICE FOR 20
YEARS. PAVING CONSTRUCTION CONSIDERED AS PROJECTS OF A CHARACTER
SIMILAR FOR WAGE DETERMINATION PURPOSES INCLUDES MANY KINDS OF
PROJECTS OTHER THAN THE INTERSTATE HIGHWAYS BEING BUILT BY THE
STATES AND FEDERAL HIGHWAY ADMINISTRATION. THE BOARD CONSIDERS
THAT THE WAGE AND HOUR DIVISION'S CONTEMPORARY CONSTRUCTION OF THE
FEDERAL HIGHWAY ACTS AS NOT PRECLUDING THE CONSIDERATION OF HIGHWAY
PROJECTS AS PROJECTS OF A CHARACTER SIMILAR TO AIRPORT RUNWAY AND
TAXIWAY CONSTRUCTION AND THE CONTINUED APPLICATION OF THAT
INTERPRETATION FOR 20 YEARS SHOULD BE GIVEN GREAT WEIGHT.
THIS BOARD IS NOT AWARE OF THE FACTS IN THE WASHINGTON
NATIONAL AIRPORT CASE THAT REQUIRED THE BOARD TO DETERMINE
THAT RUNWAY CONSTRUCTION THERE WAS HEAVY CONSTRUCTION, BUT NO
EVIDENCE [4]
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[5] WAS PRESENTED IN THESE CASES TO SHOW THAT THE
RATIONALE OF THE WASHINGTON NATIONAL AIRPORT CASE SHOULD CHANGE A
TRADITIONAL PRACTICE OF 20 YEARS OR SHOULD BE APPLIED TO OTHER
AIRPORTS.
IN VIEW OF THESE FINDINGS, THE WAGE AND HOUR DIVISION SHOULD
RETURN TO THE LONG ESTABLISHED PRACTICE OF CONSIDERING RUNWAY AND
TAXIWAY CONSTRUCTION AS PROJECTS OF A CHARACTER SIMILAR TO HIGHWAY
CONSTRUCTION. IN THE INSTANT CASES THE LANGUAGE EXCLUDING AIRPORT
RUNWAYS AND TAXIWAYS IS NO LONGER EFFECTIVE ON THE APPLICABLE WAGE
DETERMINATIONS. FURTHERMORE, NEW DECISIONS SHOULD BE ISSUED
IMMEDIATELY IN ALL WAGE DETERMINATIONS FOR HIGHWAY CONSTRUCTION
WHERE THIS LANGUAGE HAS BEEN ISSUED, ELIMINATING THE EXCLUSIONARY
STATEMENT.
BY ORDER OF THE BOARD
CRAIG BULGER,
EXECUTIVE SECRETARY
WAGE APPEALS BOARD [5]
