Monday, August 23, 2010

Prevailing Wage Act - public projects

Borough of Schuylkill Haven v. Prevailing Wage Appeals Board


http://www.pacourts.us/OpPosting/Cwealth/out/921CD09_8-20-10.pdf


The court upheld the Board's determination that the borough's sewer manhome maintenance project came under the Prevaling Wage Act, 43 P.S. §§165-1 - 165-17. whose "purpose is to protect workers on public projects from substandard wages by ensuring that they receive the prevailing minimum wages. Ferguson Electric v. Foley, 115 F.3d 237 (3d Cir. 1997). By guaranteeing such protection, the legislation helps to insure the employment of skilled craftsmen on the job. Keystone Chapter of Associated Builders & Contractors, Inc. v. Department of Labor & Industry, 414 A.2d 1129 (Pa. Cmwlth. 1980). The Act has been recognized as a remedial statute that is to be liberally construed to affect its purposes. Kulzer Roofing, Inc. v. Department of Labor & Industry, 450 A.2d 259 (Pa. Cmwlth. 1982). Any exceptions to its remedial provisions are to be narrowly construed. DiLucente Corp. v. Pennsylvania Prevailing Wage Appeals Board, 692 A.2d 295 (Pa. Cmwlth. 1997). The burden of proof in a grievance proceeding is on the grievant. 34 Pa. Code §213.8(j).

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