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B-195283 1 (1979-09-21)

handle is hein.gao/gaobadhpz0001 and id is 1 raw text is: 1 R7Z PLL 0o THE COMPTROLLER GENERAL DECISION *- OF THE UNITED STATES WASHINGTON, D. C. 20549 FILE: B-195283 DATE: September 21, 1979 MATTER OF: Irby Construction Company L ; IGEST: Where Department of Labor, pursuant to Disputes Concerning Labor Standards clause, held that contractor had to pay workers who assembled steel towers ground- men wage rate rather than laborers wage rate since this was prevailing practice, GAO will not review decision in light of holdings in S&E Contractors, Inc. v. United States, 406 U.S. 1, and Nello L. Teer Company v. United States, 348 F. 2d 533. By letter dated June 22, 1979, counsel for Irby Construction Company (Irby) requested that our Office,9 review the March 16, 1979, decision of the Wage V LJs' Appeals Board, United States Department of Labor (WAB Case No. 78-9). The Board's decision affirmed a ruling 0 by the Assistant Administrator, Wage and Hour Division,- which held that workers, employed by Irby on a Bureau of Reclamation project, who assembled steel structures used to carry electrical transmission lines had to be paid the appropriate groundman rate from the line construction classification rather than the laborer's rate as contended by Irby. The workers in dispute were employed under a con- D7 tract between Irby and the Bureau of Reclamation, 1*6109 United States Department of the Interior, for the con- struction of a 68-mile-long 230-KV transmission line running from the Davis Dam switchyard in Arizona to Parker Dam switchyard in California. This contract was subject to the Davis-Bacon Act, 40 U.S.C. § 276a

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