About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-196082 1 (1979-10-26)

handle is hein.gao/gaobabjpg0001 and id is 1 raw text is: 



GAO
United States General Accounting Office           Office of
Washington, DC 20548                              .General Counsel
                                                   In Reply
                     ~y  / /1~              -      Refer to: Dl6S

                             GOT o26 1979
       2300 First National Bank     L?
       Atlanta,, Georgia 30303 1)

            Attention   e rman L. Fus se l1 Esquire
      Gent lewe'-

           This is in responmt to your letter of
       September le, 1197. concerning a wage rate disput i 0 /
       between the Department of Labor (DOL) and two of    .ji
       your clients,                    aynd RallAce, ,-    cf'
       Wiggins COMp an.                               ,    9L
            you state 'that the dispute concerns the method
       used by your Clients to psy certain employees work-
       ing on two xeparate GovernMent projects,. - You imply
       that our decision .i .ectrical Constructor of-
       America, Inc.. ,-    Q,*ebr1,17,7-
       CPb 479,-- isapplicable to the dispute, but that D0L
       intends to ignore our ruling in that case, You
       request that we explain to DOL that it is required
       to follow our rulinag In- zlectrical. Constructors.
       We -stated- in that case thatthe area practice -of
       one union: to use electricians, to perform certain
       functions in connectiop with 'the installation of
       underground cable need not be followed for. Davis-
       Bacon Act wage putrposets, since there was evidence
       of a substantial area practice to. use electrician
       laborers to perform these functions. You are
       apparently of the view that, aince our decisions
       are controlling on, DOL and electrical Constroctors
       is diapositive of your clitats' dispate with DOL9
       your clients should not have to go through DOL'S
       dispute procedure.

            Nowever, DOL is authorized by Reorqanixation
       Plan No.- 14 of 195 and section 5.11 of title 29 of
       the Cod  Of ftdskal Regulations (CFR) (1978) tOecn--
       duct investigations* inorder to assure compliance with
       the provisions of the*,avis-Sacon Act. In the event

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most