PERMIS CONSTRUCTION CORP., WAB Case Nos. 87-55 and 87-56 (WAB May 28, 1991)
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
PERMIS CONSTRUCTION
CORPORATION, Prime Contractor
and WAB Case No. 87-55
TRATAROS CONSTRUCTION
CORPORATION, Prime Contractor
&
TRATAROS CONSTRUCTION
CORPORATION, Prime Contractor
WAB Case No. 87-56
H.P. CONNOR & CO., INC.
Subcontractor
ABARB HEATING & AIR
CONDITIONING,
Lower-Tier Subcontractor
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Patrick J. O'Brien, Member
DATED: May 28, 1991
DECISION OF THE WAGE APPEALS BOARD
This matter is before the Wage Appeals Board upon the
submission of correspondence from Herman P. Connor, President of H.
P. Connor, Inc. (collectively, "Connor"). The Board treats these
communications as motions for reconsideration of the February 26,
1991 Decisions of the Wage Appeals Board [1][2] in the captioned
matters of Case Nos. 87-55 and 87-56. In Case No. 87-55, the Board
affirmed an Administrative Law Judge's entry of a default decision
and back wage order against the prime contractor. In Case No.
87-56, another Administrative Law Judge's decision was affirmed to
the extent of the finding that back wages were owed employees and
remanded for reconsideration of the back wages owed to
non-testifying employees and the amount of back wages owed an
individual employee.
To the extent that Connor seeks reconsideration of the
Board's decision in Case No. 87-55, the request is not proper,
given that Connor was not a party in the administrative proceeding.
With respect to Case No. 87-56, the motion essentially
repeats allegations made before the Administrative Law Judge and in
papers filed before the Board on appeal from that decision. The
major addition to the previous filings and pleadings is Connor's
request to have the matter decided "with a jury hearing," a remedy
which the Board is without authority to grant. In summary, there
is no reason to reconsider the Board's decision in this matter.
BY ORDER OF THE BOARD:
Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Patrick J. O'Brien, Member
_____________________________
Gerald F. Krizan, Esq.
Executive Secretary [2]
