USDOL/OALJ Reporter: ARB Decision Caselist - October 2013

Approval of settlement agreement.

ARB REVIEW OF DENIAL OF REQUEST TO ADD A WORK CLASSIFICATION IS MOOT WHERE THE CONTRACT WORK HAD BEEN COMPLETED AND THE ARB'S RULING WOULD NOT AFFECT THE DAVIS BACON ACT WAGE REQUIREMENTS FOR THE CONTRACT

In Florida Keys Electric Inc. , ARB No. 12-088 (ARB Oct. 25, 2013), the Petitioner, a subcontractor on a prime contract involving a public middle school construction project, sought to add a work classification to the applicable wage determination. The WHD denied the request. On appeal, the ARB issued an order directing the parties to show cause whether the ARB should dismiss the case as moot because the contract work had been completed, and any ARB ruling would not affect the wage requirements of the contract. In response the Petitioner stated that any ARB ruling not affect the wage requirements of the contract, and the ARB thus dismissed the appeal. The ARB indicated that under the precedent of Naval Supply Systems Command , WAB No. 78-24, 1979 WL 29173, slip op. at 2 (Apr. 6, 1979), if the contract work that is the subject of the petition has been completed, the issue before ARB is moot unless the contractor has not paid the workers whose classification is at issue the full wage rate that the WHD determinations required. But, if the contract work has been completed, and the contractor paid any of the workers at issue less than the full wage rate as required by the WHD determination, the ARB could address the petition for review.