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International Union of Bricklayers v. Prevailing Wage Appeals Board

Order of defendant Board concerning prevailing minimum wage rates for a public works project reversed because the Board improperly relied on a 1996 Survey, conducted by the Department of Labor and Industry to determine prevailing rates throughout Pennsylvania, that excluded wage rate information on public works projects.

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Argued: April 3, 2001

International Union of Bricklayers and Allied Craftworkers, Local 5 PA (Local 5) petitions for review of the June 20, 2000 final order of the Commonwealth of Pennsylvania, Prevailing Wage Appeals Board (PWAB) affirming the decision of the Secretary of the Department of Labor and Industry (Secretary) to uphold a March 31, 1997 determination of prevailing wage rates for the “Municipal Building and Public Works Building, North Middleton Township, Cumberland County” (Project).

On March 25, 1997, North Middleton Township (Township) requested the Secretary to determine prevailing minimum wage rates for the Project. (Stipulations, No. 1; R.R. at 176a.) Consequently, on March 31, 1997, the Bureau of Labor Law Compliance (Bureau), the branch of the Department of Labor and Industry (Department) which acts on behalf of the Secretary to determine prevailing wage rates, issued the determination for the Project. Utilizing data collected statewide in the 1996 Pennsylvania Construction Employers Survey (1996 Survey), the Bureau specified the minimum prevailing wage rate for bricklayers at a base hourly rate of $15.65 per hour and an employee benefit rate of $3.09 per hour, for a total rate of $18.74 per hour. (Stipulations, Nos. 2, 3, 7; R.R. at 176a.) These wage rates reflect the weighted average of the hourly wage rate and hourly employee benefit rate based on hours worked in the projects considered in the 1996 Survey. (Stipulations, No. 8; R.R. at 176a.)

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