B-181993, SEP 4, 1974

B-181993: Sep 4, 1974

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EMPLOYEE WHO WAS PAID GROSS WAGES OF $210.02 FOR 56-1/4 HOURS AS HELPER ON SUBCONTRACT SUBJECT TO DAVIS-BACON ACT. IT BEING SUBSEQUENTLY DETERMINED THAT HE SHOULD HAVE BEEN CLASSIFIED AS A LABORER AND PAID AT RATE OF $4.85 PER HOUR. IS ONLY ENTITLED TO AMOUNT OF $62.79 AS ADJUSTMENT IN WAGES. IN THAT AMOUNT IS AFFIRMED. IT WAS DETERMINED THAT THE PREVAILING MINIMUM WAGE RATES ESTABLISHED BY WAGE RATE DETERMINATION AH 17. WERE APPLICABLE. THE BASIC RATE LISTED THEREIN FOR A LABORER WAS $4.35 PER HOUR PLUS $0.25 FOR HEALTH AND WELFARE AND $0.25 FOR PENSION. SINCE IT WAS DETERMINED THAT MR. BOBAY'S CLASSIFICATION SHOULD HAVE BEEN THAT OF A LABORER RATHER THAN THAT OF A HELPER. HE SHOULD HAVE BEEN PAID AT AN HOURLY RATE OF $4.85.

B-181993, SEP 4, 1974

EMPLOYEE WHO WAS PAID GROSS WAGES OF $210.02 FOR 56-1/4 HOURS AS HELPER ON SUBCONTRACT SUBJECT TO DAVIS-BACON ACT, 40 U.S.C. 276C, IT BEING SUBSEQUENTLY DETERMINED THAT HE SHOULD HAVE BEEN CLASSIFIED AS A LABORER AND PAID AT RATE OF $4.85 PER HOUR, OR $272.81, IS ONLY ENTITLED TO AMOUNT OF $62.79 AS ADJUSTMENT IN WAGES; ACCORDINGLY CLAIMS SETTLEMENT OF APRIL 30, 1973, IN THAT AMOUNT IS AFFIRMED.

TRIANGLE FIXTURE AND REFRIGERATION COMPANY, INC.:

BY LETTER OF JANUARY 17, 1974, TO OUR TRANSPORTATION AND CLAIMS DIVISION, MR. RICHARD BOBAY REQUESTED RECONSIDERATION OF THAT DIVISION'S CLAIMS SETTLEMENT OF APRIL 30, 1973, IN THE AMOUNT OF $62.79, RECEIVED BY MR. BOBAY AS AN ADJUSTMENT IN WAGES UNDER THE DAVIS BACON ACT, 40 U.S.C. 276A, FOR WORK PERFORMED FOR THE TRIANGLE FIXTURE AND REFRIGERATION COMPANY, INC.

THE RECORD INDICATES THAT THE WAGE AND HOUR DIVISION, UNITED STATES DEPARTMENT OF LABOR AND A LABOR ADVISOR FOR THE NEW YORK DISTRICT OF THE CORPS OF ENGINEERS CONDUCTED AN INVESTIGATION INTO THE LABOR PRACTICES OF THE ABOVE-MENTIONED FIRM. IT WAS DETERMINED THAT THE PREVAILING MINIMUM WAGE RATES ESTABLISHED BY WAGE RATE DETERMINATION AH 17, 449, DATED JULY 23, 1968, WERE APPLICABLE. THE BASIC RATE LISTED THEREIN FOR A LABORER WAS $4.35 PER HOUR PLUS $0.25 FOR HEALTH AND WELFARE AND $0.25 FOR PENSION, OR A TOTAL RATE OF $4.85. SINCE IT WAS DETERMINED THAT MR. BOBAY'S CLASSIFICATION SHOULD HAVE BEEN THAT OF A LABORER RATHER THAN THAT OF A HELPER, HE SHOULD HAVE BEEN PAID AT AN HOURLY RATE OF $4.85.

IT WAS DETERMINED THAT DURING THE PERIOD JUNE 2, 1969, TO JUNE 16, 1969, MR. BOBAY WORKED 56-1/4 HOURS AND EARNED GROSS WAGES OF $272.81. WHILE HIS WITHHOLDING TAX STATEMENT INDICATES THAT HE WAS PAID $210.00, OUR RECORDS INDICATE THAT HE WAS PAID $210.02. THUS, BY SUBTRACTING THE LATTER AMOUNT FROM $272.81 IT WAS DETERMINED THAT HE WAS ENTITLED TO $62.79.

WE HAVE REVIEWED THE RECORD AND FIND NO BASIS FOR INCREASING THIS AMOUNT. ACCORDINGLY, THE CLAIMS SETTLEMENT OF APRIL 30, 1973, IS AFFIRMED.