INGLIS BY-PASS CHANNEL AND CONE BROTHERS CONTRACTING CO., WAB No. 68-04 (WAB June 11, 1986)

USDOL/OALJ Reporter

CCASE: INGLIS BY-PASS CHANNEL DDATE: 19680611 TTEXT: ~1 [1] UNITED STATES DEPARTMENT OF LABOR WAGE APPEALS BOARD RE: INGLIS BY-PASS CHANNEL AND CONE BROTHERS CONTRACTING COMPANY DECISION IN CASE NO. 68-04 JUNE 11, 1968 TELEGRAM RE PETITION OF CONE BROTHERS CONTRACTING COMPANY FOR REVIEW OF PREVAILING WAGE DETERMINATIONS UNDER THE DAVIS-BACON ACT FOR THE INGLIS BY-PASS CHANNEL, ROCK DAM, ACCESS ROAD, TWO-BAY SPILLWAY, CULVERT AND RELATED EXCAVATION WORK IN LEVY COUNTY, FLORIDA (WAB 68-04), THE SPECIFIC WAGE DECISIONS INVOLVED ARE NUMBERS AH-12,736, 12,650, AND 12,735. ON THE BASIS OF THE RECORD AND ORAL HEARING ON JUNE 10, 1968, THE BOARD BELIEVES THAT THERE HAS NOT BEEN A SUFFICIENTLY CLEAR SHOWING CONCERNING THE APPLICATION OF THE PERTINENT STATUTORY STANDARD BY THE SOLICITOR AS TO WARRANT A REVERSAL OF THE WAGE DECISIONS LISTED ABOVE WITH ITS CONSEQUENT IMPACT ON THE BID OPENING SCHEDULED FOR TOMORROW. WHILE ATTENTION WAS CALLED TO SOME INFIRMITIES IN THE SOLICITOR'S DECISIONS, WE DO NOT CONCLUDE FROM THE WHOLE RECORD THAT HIS DECISIONS WERE BEYOND THE STATUTORY STANDARD. IT IS ALSO BEYOND THE TIME WHEN THE BOARD CAN GO BACK INTO THE INGLIS LOCK WAGE DECISION AND ITS ANTECEDENTS. BUT SUFFICIENT QUESTIONS HAVE BEEN RAISED WARRANTING A HEARING, FIELD SURVEY, OR BOTH, TO SUPPLY WAGE RATE INFORMATION AND ANY OTHER RELEVANT INFORMATION WHICH MAY BE PERTINENT TO THE DETERMINATION OF PREVAILING WAGES FOR THE CONSTRUCTION OF THE REMAINDER OF THE CROSS-FLORIDA BARGE CANAL. THE SOLICITOR IS DIRECTED TO CONDUCT SUCH HEARING OR SURVEY FOR CONSTRUCTION CONTEMPLATED BY THE CORPS OF ENGINEERS' SCHEDULE FOR THE CANAL. [1] ~2 [2] PETITION DISMISSED. OSCAR S. SMITH, CHAIRMAN CLARENCE D. BARKER, MEMBER STUART ROTHMAN, MEMBER [2]

Office of Administrative Law Judges