B-199710.OM, SEP 24, 1980

B-199710.OM: Sep 24, 1980

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THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT ALL OF THE WORK PERFORMED BY THE EMPLOYEES IN QUESTION WAS WORK COVERED BY THE "IRONWORKER" CLASSIFICATION. WE HAVE NO OBJECTION TO THE DISBURSAL OF THE FUNDS ON DEPOSIT WITH YOUR OFFICE TO THE 16 AGGRIEVED EMPLOYEES IN ACCORDANCE WITH ESTABLISHED PROCEDURES. WE DO NOT BELIEVE DEBARMENT IS WARRANTED SINCE THE UNDERPAYMENTS WERE THE RESULT OF A CLASSIFICATION DISPUTE RATHER THAN A WILLFUL INTENT TO UNDERPAY THE WORKERS IN VIOLATION OF THE DAVIS-BACON ACT.

B-199710.OM, SEP 24, 1980

PRECIS-UNAVAILABLE

ASSOCIATE DIRECTOR, FGMS DIVISION-CLAIMS GROUP:

RETURNED. THE EVIDENCE OF RECORD IS SUFFICIENT TO SUPPORT THE CONCLUSION THAT ALL OF THE WORK PERFORMED BY THE EMPLOYEES IN QUESTION WAS WORK COVERED BY THE "IRONWORKER" CLASSIFICATION. ACCORDINGLY, WE HAVE NO OBJECTION TO THE DISBURSAL OF THE FUNDS ON DEPOSIT WITH YOUR OFFICE TO THE 16 AGGRIEVED EMPLOYEES IN ACCORDANCE WITH ESTABLISHED PROCEDURES.

WE DO NOT BELIEVE DEBARMENT IS WARRANTED SINCE THE UNDERPAYMENTS WERE THE RESULT OF A CLASSIFICATION DISPUTE RATHER THAN A WILLFUL INTENT TO UNDERPAY THE WORKERS IN VIOLATION OF THE DAVIS-BACON ACT. SEE B-195748- O.M., NOVEMBER 27, 1979. THE DEPARTMENT OF LABOR DID NOT RECOMMEND DEBARMENT.