THE KORTE COMPANY, PIASA
COMMERICAL INTERIORS INC.
and ANGELA BRUMMETT d/b/a AB
DRYWALL,
PETITIONERS,
v.
ROBERT D. HOWSE and THE UNITED
STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, REGION V,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Petitioners:
David M. Duree, Esq., David M. Duree & Associates, P.C., O'Fallon, Illinois
FINAL ORDER DISMISSING APPEAL AND REFERRING CASE TO THE ADMINISTRATOR
This case arose when Robert D. Howse filed a complaint and affidavit claiming that he was not paid the appropriate wages and/or wage rates on a project in accordance with the Davis-Bacon Act, 40 U.S.C.A. § 3141 et seq. (West Supp. 2003)(DBA or the Act). On August 20, 2003, the Region V Labor Relations Officer, Department of Housing and Urban Development (HUD), issued a determination in Howse's favor, finding that AB owed Howse $18,765.89 in unpaid wages.
Petitioners, The Korte Co., Piasa Commercial Interiors, Inc. and Angela Brummet d/b/a/ AB Drywall have petitioned the Administrative Review Board "for review, and appeal and, request an evidentiary hearing, with respect to the August 20, 2003 decision of the U.S. Department of Housing and Urban Development, Region V."
On September 30, 2003, the Board ordered the Petitioners to show cause why the appeal should not be dismissed. The Board stated that the Petitioners had cited to no statutory authority, nor was the Board aware of any statutory authority investing the Board with jurisdiction to review a determination of a HUD Labor Relations Officer. The Board noted that pursuant to 29 C.F.R. Parts 5 and 6, it has jurisdiction to entertain an appeal from a final decision of the Administrator of the Department of Labor's Wage and Hour Administration (Administrator), as provided in 29 C.F.R. § 5.11(c)(3) and from the decision of a Department of Labor Administrative Law Judge (ALJ) as provided in 29 C.F.R. §§ 5.11(b)(3), 6.34 (2003). However, Korte appealed from neither the final decision of the Administrator, nor from an ALJ's decision.
1 Although invited to do so, the Administrator did not respond to the Board's Order.
2 The regulations provide, "The Administrator shall cause to be made such investigations as deemed necessary, in order to obtain compliance with the labor standards provisions of the applicable statutes listed in § 5.1, or to affirm or reject the recommendations by the Agency Head with respect to labor standards matters arising under the statutes listed in § 5.1." 29 C.F.R. § 5.6(b).