CCASE:
MIDWAY EXCAVATORS & KING TOWN
DDATE:
19840214
TTEXT:
~1
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
MIDWAY EXCAVATORS, INC., & WAB Case No. 81-17
KING TOWN TRANSPORTATION, INC.
South Hampton, N.H. Dated: February 14, 1984
DENIAL OF MOTION FOR RECONSIDERATION
The Wage Appeals Board is in receipt of a Motion for
reconsideration of its decision dated December 13, 1983 in
the above-captioned appeal. The Motion was filed by the Solicitor
of Labor and was supported by a brief from the Building and
Construction Trades Department, AFL-CIO. The Solicitor of Labor
also filed additional record with the Board to support its
contention that the ruling in the decision would apply to truck
drivers working for Midway Excavators, Inc., in addition to the
truck drivers employed by King Town Transportation, Inc. The
petitioners, King Town and Midway, filed objections to the Motion
for reconsideration and to the additional record submitted to the
Board.
The Board has reviewed its decision and hereby denies the
Motion for reconsideration. The Solicitor's motion assumes that
the Board did not realize that there were truck drivers employed by
Midway who would also not be subject to the labor standards
provisions of the Davis-Bacon Act as a result of the [1]
~2
[2] Board's decision. Since the Board did not accept the petitioner's
argument that King Town and Midway were separate corporations for purposes
of this appeal, truck drivers of both firms were subject to the
decision of the Board. Therefore, the truck drivers of both firms
while performing trucking services for various third parties,
materialmen and suppliers, and so long as the petitioners' truck
drivers merely delivered the supplies and performed no other
activities, are not covered by the labor standard[s] of the Davis-
Bacon and related Acts.
In the penultimate paragraph of its decision, the Board
stated: "Of course, any truck drivers hauling materials or
equipment back and forth from the construction contractor's or
subcontractor's own plant or equipment yard would be covered."
Thus, the order in the decision returning funds [*] only [*]
applies to truck drivers delivering materials and supplies from
third party commercial suppliers. [*Emphasis in original*]
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary
Wage Appeals Board
