B-160778, APR 15, 1971
Highlights
APPLIED ONLY TO THAT PORTION OF THE WORK WHICH INVOLVED THE INSTALLATION OF FIBER DUCT FOR WHICH WORK CLAIMANT WAS PAID LABORER'S WAGE RATE RATHER THAN ELECTRICIANS. KRENYTZKY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 28. THE ADJUSTMENT WAS IN THE GROSS AMOUNT OF $78.97. THE WAGE ADJUSTMENT WAS FOR WORK PERFORMED FOR SOUTHWEST ENGINEERING CO. YOU STATE THAT THE AMOUNT WAS CONSIDERABLY LESS THAN YOU HAD EXPECTED. CORPS OF ENGINEERS SHOWS THAT YOU WERE INTERMITTENTLY EMPLOYED FROM JULY 18. PAYROLLS AND RECORDS OF INVESTIGATION INDICATE THAT YOU WERE CLASSIFIED AND PAID AS A LABORER. THE GROSS RESTITUTION OF $78.97 WAS COMPUTED AS FOLLOWS FOR THE HOURS WORKED. WHICH WERE DETERMINED FROM THE INVESTIGATION TO BE APPLICABLE TO THE CLASSIFICATION AND RATE OF ELECTRICIAN: HOURS INVOLVING PAID ELECTRICIAN'S DIFFERENCE TOTAL DATE FIBER DUCT AS LABORER RATE INCLUDING DUE DUE INSTALLATION FRINGE BENEFITS 4 AUG 66 6 $2.15 PH $4.72 PH $2.57 PH $15.42 5 AUG 66 6 2.15 PH 4.72 PH 2.57 PH 15.42 8 AUG 66 8 2.15 PH 4.72 PH 2.57 PH 20.56 9 AUG 66 4 2.15 PH 4.72 PH 2.57 PH 10.28 PAID AS AIR TOOL OPR 8 SEP 66 4 2.25 PH 4.72 PH 2.47 PH 9.88 9 SEP 66 3 2.25 PH 4.72 PH 2.47 PH 7.41 TOTAL 31 HR. $78.97 IT IS FURTHER REPORTED THAT IN THE COURSE OF AN INVESTIGATION INVOLVING THE REVIEW OF BASIC TIME CARDS.
B-160778, APR 15, 1971
CONTRACTS - DAVIS BACON ACT - RESTITUTION ADVISING THAT THE WAGE ADJUSTMENT MADE CLAIMANT UNDER THE DAVIS-BACON ACT FOR WORK PERFORMED FOR SOUTHWEST ENGINEERING CO., UNDER AN ARMY CONTRACT FOR CONSTRUCTION OF AN APPROACH LIGHTING SYSTEM AT MCCONNELL AFB, WICHITA, KANSAS, APPLIED ONLY TO THAT PORTION OF THE WORK WHICH INVOLVED THE INSTALLATION OF FIBER DUCT FOR WHICH WORK CLAIMANT WAS PAID LABORER'S WAGE RATE RATHER THAN ELECTRICIANS.
TO MR. JONATHAN W. KRENYTZKY:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 28, 1970, ACKNOWLEDGING RECEIPT OF SETTLEMENT OF A WAGE ADJUSTMENT CLAIM UNDER THE DAVIS-BACON ACT, 40 U.S.C. 276A. THE ADJUSTMENT WAS IN THE GROSS AMOUNT OF $78.97, LESS WITHHOLDING OF FEDERAL INCOME TAX ($15.79) AND FICA TAX ($3.79). RECORDS SHOW THAT U.S. TREASURY CHECK NO. 81,229,850, DATED DECEMBER 1, 1970, SYMBOL 3002, IN THE AMOUNT OF $59.39 HAS BEEN ISSUED TO YOU. THE WAGE ADJUSTMENT WAS FOR WORK PERFORMED FOR SOUTHWEST ENGINEERING CO., INC., UNDER DEPARTMENT OF THE ARMY CONTRACT NO. DA-23-028-ENG-7904, FOR CONSTRUCTION OF AN APPROACH LIGHTING SYSTEM AT MCCONNELL AIR FORCE BASE, WICHITA, KANSAS. YOU STATE THAT THE AMOUNT WAS CONSIDERABLY LESS THAN YOU HAD EXPECTED, AND YOU REQUEST AN EXPLANATION SHOWING WHY YOU RECEIVED A SETTLEMENT IN THE ABOVE AMOUNT.
A REPORT FURNISHED BY THE DEPARTMENT OF THE ARMY, KANSAS CITY DISTRICT, CORPS OF ENGINEERS SHOWS THAT YOU WERE INTERMITTENTLY EMPLOYED FROM JULY 18, 1966 THROUGH SEPTEMBER 19, 1966, ON THE CONTRACT. PAYROLLS AND RECORDS OF INVESTIGATION INDICATE THAT YOU WERE CLASSIFIED AND PAID AS A LABORER, AIR TOOL OPERATOR, AND PAINTER. THE GROSS RESTITUTION OF $78.97 WAS COMPUTED AS FOLLOWS FOR THE HOURS WORKED, WHICH WERE DETERMINED FROM THE INVESTIGATION TO BE APPLICABLE TO THE CLASSIFICATION AND RATE OF ELECTRICIAN:
HOURS
INVOLVING PAID ELECTRICIAN'S DIFFERENCE TOTAL
DATE FIBER DUCT AS LABORER RATE INCLUDING DUE DUE
INSTALLATION FRINGE BENEFITS
4 AUG 66 6 $2.15 PH $4.72 PH $2.57 PH $15.42
5 AUG 66 6 2.15 PH 4.72 PH 2.57 PH 15.42 8 AUG 66 8 2.15 PH 4.72 PH 2.57 PH 20.56
9 AUG 66 4 2.15 PH 4.72 PH 2.57 PH 10.28
PAID AS
AIR TOOL OPR
8 SEP 66 4 2.25 PH 4.72 PH 2.47 PH 9.88
9 SEP 66 3 2.25 PH 4.72 PH 2.47 PH 7.41
TOTAL 31 HR. $78.97
IT IS FURTHER REPORTED THAT IN THE COURSE OF AN INVESTIGATION INVOLVING THE REVIEW OF BASIC TIME CARDS, PAYROLL RECORDS, CANCELLED CHECKS, AND INSPECTOR'S DAILY LOGS OF CONSTRUCTION, IT WAS SUBSTANTIATED, WITH NO INDICATION OF VIOLATIONS, THAT YOU WORKED THE FOLLOWING ADDITIONAL HOURS ON WORK WHICH DID NOT INVOLVE THE INSTALLATION OF FIBER DUCT AND WHICH DID NOT APPEAR TO BE IN ANY WAY RELATED TO ELECTRICIAN'S WORK:
DATE HOURS CLASSIFICATION HOURLY RATE PAID
18 JUL 66 7-1/2 LABORER $2.15
19 JUL 66 8 LABORER 2.15
20 JUL 66 4 LABORER 2.15
21 JUL 66 2 LABORER 2.15
22 JUL 66 4 LABORER 2.15
25 JUL 668 LABORER 2.15
26 JUL 66 8 LABORER 2.15
29 JUL 66 8 LABORER 2.15
1 AUG 66 8 LABORER 2.15
2 AUG 66 8 LABORER 2.15
3 AUG 66 8 LABORER 2.15
4 AUG 66 2 LABORER 2.15
5 AUG 66 2 LABORER 2.15
9 AUG 66 4 LABORER 2.15
10 AUG 66 8 PAINTER 3.50
11 AUG 66 2 PAINTER 3.50
11 AUG 66 6 LABORER 2.15
12 AUG 66 3 LABORER 2.15
12 AUG 66 5 PAINTER 3.50
15 AUG 66 5 PAINTER 3.50
15 AUG 66 3 LABORER 2.15
16 AUG 66 8 LABORER 2.15
17 AUG 66 8 LABORER 2.15
19 AUG 66 8 LABORER 2.15
22 AUG 66 2 LABORER 2.15
23 AUG 66 8 LABORER2.15
24 AUG 66 3-1/2 LABORER 2.15
25 AUG 66 8 AIR TOOL OPERATOR 2.25
26 AUG 66 8 AIR TOOL OPERATOR 2.25
29 AUG 66 8 AIR TOOL OPERATOR 2.25
30 AUG 66 8 AIR TOOL OPERATOR 2.25
31 AUG 66 8 AIR TOOL OPERATOR 2.25
1 SEP 66 8-1/2 AIR TOOL OPERATOR 1/2 HR OT 3.375;
8 HR REG 2.25
2 SEP 66 8 AIR TOOL OPERATOR 2.25
6 SEP 66 8 AIR TOOL OPERATOR 2.25
7 SEP 66 8 AIR TOOL OPERATOR 2.25
8 SEP 66 4 AIR TOOL OPERATOR 2.25
9 SEP 66 5 AIR TOOL OPERATOR 2.25
12 SEP 66 8 AIR TOOL OPERATOR 2.25
13 SEP 66 4 AIR TOOL OPERATOR 2.25
14 SEP 66 8 AIR TOOL OPERATOR 2.25
15 SEP 66 8 AIR TOOL OPERATOR 2.25
19 SEP 66 8 AIR TOOL OPERATOR 2.25
TOTAL HOURS 268-1/2
FROM THE FOREGOING IT IS APPARENT THAT RESTITUTION OF WAGES WAS APPLICABLE TO ONLY THAT PORTION OF THE WORK YOU PERFORMED WHICH INVOLVED THE INSTALLATION, AND INSTALLATION ONLY, OF FIBER DUCT. FOR THAT WORK YOU WERE PAID AT THE LABORER'S WAGE RATE AND SHOULD HAVE BEEN PAID AT THE ELECTRICIAN'S WAGE RATE.
IF WE CAN BE OF ANY FURTHER ASSISTANCE, PLEASE ADVISE US. ..END :