Appeal from the Order of the Pennsylvania Prevailing Wage Appeals Board in the case of In the Matter of Kulzer Roofing, Inc. and Roofing and Sheet Metal Contractors Association v. Secretary, Department of Labor and Industry, Commonwealth of Pennsylvania and Bristol Township School Board.
David C. Toomey, with him John B. Nason, III, and Richard L. Thurston, Duane, Morris & Heckscher, for petitioners.
Richard L. Cole, Jr., Chief Counsel, for respondent, Pennsylvania Department of Labor and Industry.
Richard R. Riese, with him Robert H. Shoop, Jr., and Richard I. Thomas, Thorp, Reed & Armstrong, for Amicus Curiae, Roofing Contractors Association of Western Pennsylvania, Inc.
Richard B. Sigmond, with him Bernard N. Katz, Meranze, Katz, Spear & Wilderman, for Amici Curiae, Pennsylvania Building and Construction Trades Council, AFL-CIO, Building and Construction Trades Council of Philadelphia and Vicinity, AFL-CIO, and United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, Local No. 30, AFL-CIO, in Support of Petitioners.
F. Warren Jacoby, Jacoby, Donner & Jacoby, for Amici Curiae, General Building Contractors Association, Inc., Mechanical Contractors Association of Eastern Pennsylvania, Inc., Mechanical Contractors Association of Western Pennsylvania, Inc. and Penn-Del-Jersey Chapter National Electrical Contractors Association.
Harry R. Harmon, Harmon & Associates, for Amicus Curiae, Keystone Chapter, Associated Builders & Contractors, Inc.
President Judge Crumlish, Jr. and Judges Rogers, Blatt, Craig and MacPhail. Opinion by Judge Blatt. Judge MacPhail dissents.
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The petitioners*fn1 seek review of a decision of the Department of Labor and Industry (Department)
[ 68 Pa. Commw. Page 645]
which determined that the minimum wage requirements of the Pennsylvania Prevailing Wage Act (Act), Act of August 15, 1961, P.L. 987, as amended, 43 P.S. §§ 165-1 -- 165-17, did not apply to the reroofing projects here concerned.
The Bristol Township School District invited bids on a project to reroof eight of its buildings and sought a determination from the Secretary of Labor and Industry as to the prevailing minimum wage for workmen employed on the project. Sections 5 and 7 of the Act, 43 P.S. §§ 165-5 and 165-7. The Secretary held that this Court's decision in Kitson Brothers, Inc. v. Department of Labor & Industry, 51 Pa. Commonwealth Ct. 320, 414 A.2d 179 (1980), controlled and that the reroofing here involved did not fall within the definition of "public work" contained in Section 2(5) of the Act, 43 P.S. § 165-2(5). He, therefore, ruled that the project was not ...