CCASE:
A.D. ROE, INC.
DDATE:
19851218
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of
A.D. ROE, INC., Contractor WAB Case No. 84-11
&
John P. Fox, d/b/a
Fox Painting and Decorating Company Dated: December 18, 1985
Tactical Equipment Shops & Facilities,
Ft. Knox, KY, DACA 31-78-C-0091 etc.
APPEARANCES: C. Wayne Shepherd, Esquire for John P. Fox & Fox
Painting and Decorating Company
Patricia M. Duryee, Esquire, Douglas Davidson,
Esquire for the Assistant Administrator, Wage and
Hour Division, U.S. Department of Labor
BEFORE: Alvin Bramow, Chairman, Thomas X. Dunn, Member
Stuart Rothman, Member
DECISION OF THE WAGE APPEALS BOARD
This case is before the Wage Appeals Board on the petition
of John P. Fox d/b/a Fox Painting and Decorating Company seeking
review of the Administrative Law Judge's decision of April 11,
1984. See attachment.
The Administrative Law Judge found that the petitioner
failed to pay its employees applicable prevailing wages, proper [1]
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[2] overtime, and falsified its certified payroll records.
Consequently, the Administrative Law Judge ordered that John P. Fox
and Fox Painting and Decorating, Inc., /FN1/ are liable in the
amount of $11,950.46 for unpaid wages and that John P. Fox and Fox
Painting and Decorating, Inc., be debarred for a period of three
years for violations of the Davis-Bacon Act, as amended, (40 U.S.C.
276a, et seq.), the Housing and Community Development Act of 1974
(42 U.S.C. 5310, 1440(g)), the Federal Water Pollution Control Act
(33 U.S.C. 1372), the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327, et seq.), and the Department of Labor Regulations,
29 CFR Part 5.
The Board considered this appeal on the basis of the Petition
for Review and brief on behalf of the petitioner, the statement on
behalf of the Assistant Administrator filed by the Solicitor of
Labor, the record of the case before the Administrative Law Judge
and his Decision and Order, and a hearing before this Board held
December 10, 1985, at which interested persons participated.
There is sufficient evidence in the record to support the
Administrative Law Judge's findings of fact and conclusions of Law,
Therefore, the Board finds that the Administrative [2]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ The Administrative Law Judge erroneously found and ordered
Fox Painting and Decorating, Inc., liable in the amount of
$11,950.46 for unpaid wages. The corporation was newly formed
after the violations and contracts completed.
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[3] Law Judge's Order is not arbitrary, capricious, an abuse of
discretion or unsupported by substantial evidence. In view of
these facts, the Decision and Order are adopted in their entirety
as the Decision of the Wage Appeals Board. /FN2/
Accordingly, the Decision and Order of the Administrative Law
Judge is affirmed and the petition herein is dismissed.
BY ORDER OF THE BOARD
Craig Bulger,
Executive Secretary
Wage Appeals Board [3]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN2/ The Administrative Law Judge was correct in ordering
debarment of the corporation, Fox Painting and Decorating, Inc.
The Davis-Bacon Act and Department of Labor Regulations (29 CFR
5.12(a)(1) and (2)) provide for such debarment action. The record
is clear that John P. Fox has an interest and actually runs the
corporation's painting business. [3]
