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KEYSTONE CHAPTER ASSOCIATED BUILDERS AND CONTRACTORS v. COMMONWEALTH PENNSYLVANIA (05/30/80)

decided: May 30, 1980.

KEYSTONE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, RESPONDENT



Appeal from the Order of the Prevailing Wage Appeals Board in case of In Re: Petition of the Keystone Chapter of the Associated Builders and Contractors, Inc. for Review of Predetermination by the Secretary of Labor and Industry of the General Prevailing Minimum Wage Rates for Work involving an Addition to the Solanco Senior High School, Lancaster County, Pennsylvania, No. 33270(13).

COUNSEL

Stephen J. Weglarz, with him Susan R. Friedman, for petitioner.

Daniel R. Schuckers, with him Neil L. Hirsch, Assistant Attorneys General, for respondent.

Jerome H. Gerber, Handler and Gerber, P.C., for Building and Construction Trades Council, intervenor.

Edward C. First, Jr., with him Jason S. Shapiro, McNees, Wallace & Nurick, for Mechanical Contractors Association, amicus curiae.

Miles J. Gibbons, Jr., Morgan, Lewis & Bockius, for The General Contractors Association of Pennsylvania, amicus curiae.

John S. Hayes, with him Richard H. Greenberg, Hayes and Feege, P.C., for Lehigh Valley Contractors Association, Inc., amicus curiae.

F. Warren Jacoby, with him Dennis A. Martin, Jacoby, Donner and Jacoby, for Penn-Del-Jersey Chapter National Electrical Contractors Association, amicus curiae.

President Judge Crumlish and Judges Wilkinson, Jr., Mencer, Rogers, Craig, MacPhail and Williams, Jr. Judge Blatt did not participate. Opinion by Judge MacPhail.

Author: Macphail

[ 51 Pa. Commw. Page 588]

The Keystone Chapter of Associated Builders and Contractors, Inc. (Petitioner) is appealing an order of

[ 51 Pa. Commw. Page 589]

    the Prevailing Wage Appeals Board (Board), which affirmed a final prevailing wage determination entered by the Secretary of Labor and Industry (Secretary), adopting the decision of the hearing examiner in a petition for review of the predetermination for the project "Additions to Solanco Senior High School, Lancaster County, Pennsylvania."

On October 4, 1978, the Solanco School District in Lancaster County filed a request with the Secretary for a predetermination of general prevailing minimum wage rates for inclusion in the specifications of its construction project. The Department of Labor and Industry (Department) promptly issued the predetermination in accordance with Section 7 of the Pennsylvania Prevailing Wage Act (Act), Act of August 15, 1961, P.L. 987, as amended, 43 P.S. § 165-7. Subsequently, Petitioner filed a petition for review of the predetermination under Section 8 of the Act, 43 P.S. § 165-8. At that point in the proceedings, the Pennsylvania Building and Construction Trades Council, AFL-CIO (Intervenor) was permitted to intervene. Hearings were held on November 13, 28, 29, and 30, and December 1, 1978, before a Department hearing examiner appointed by the Secretary.

At the hearings, Petitioner and Intervenor were permitted to present testimony and documentary evidence, and were given the opportunity to examine and cross-examine witnesses concerning prevailing wage rates. The Petitioner's evidence mainly consisted of (1) two computer print-outs, which allegedly indicated the number of men and hours worked at a certain hourly rate in various crafts or classifications in Lancaster County, and (2) the raw data on which the print-outs were based. The raw data, which additionally indicated type and location of construction projects, was compiled by college students under the direction of a Professor Kasperson.

[ 51 Pa. Commw. Page 590]

Intervenor's evidence was composed of collective bargaining agreements and forms prepared by contractors and union representatives. This evidence included the hourly pay and fringe benefit rates purportedly paid on construction projects in Lancaster County, and also indicated the number of hours and workmen paid at each rate and the location and type of construction project.

After completion of the hearings and consideration of the evidence, the hearing examiner issued a report recommending to the Secretary prevailing minimum wage rates to be applied to the Solanco project. The Secretary adopted these rates and the ...


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