705 F.Supp. 5 (D.D.C. 1988), Civ. A. 87-2827, Building and Const. Trades Dept., AFL-CIO v. Turnage

Docket NºCiv. A. 87-2827
Citation705 F.Supp. 5
Party NameBuilding and Const. Trades Dept., AFL-CIO v. Turnage
Case DateOctober 28, 1988
CourtUnited States District Courts, United States District Court (Columbia)

Page 5

705 F.Supp. 5 (D.D.C. 1988)

BUILDING AND CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, et al., Plaintiffs,

v.

Thomas K. TURNAGE, Defendant.

Civ. A. No. 87-2827.

United States District Court, District of Columbia.

Oct. 28, 1988

Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for plaintiffs.

Raymond M. Larizza, Civ. Div., Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

REVERCOMB, District Judge.

This case is before the Court on cross-motions for summary judgment. The issue before the Court is whether the Wage Appeals Board ("WAB"), acting as delegee of the Secretary of Labor, has been faithful to Congressional intent in its interpretation of the Davis-Bacon Act, 40 U.S.C. § 276a et seq.

In Outpatient Clinic, Crown Point, Indiana, WAB Case No. 86-33 (June 26, 1987), the WAB incorporated the provisions of the Act, including a wage determination reflecting applicable prevailing wage rates, into a contract between the Veterans Administration ("VA") and Hamstra Builders, Inc., to construct and lease an outpatient clinic for the VA. The Davis-Bacon Act requires that workers performing construction work on public buildings or public works under contracts in excess of $2,000, to which the United States is a party, be

Page 6

paid the prevailing private-sector wage rate. Plaintiffs request the Court to compel the defendant to comply with the decision of the WAB. The defendant argues that the WAB's interpretation of the Act is not an accurate reflection of the intent of Congress.

Under Chevron, U.S.A. v. Natural Resources Defense Counsel, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1983), judicial deference to an agency's interpretation of a statute committed to it for administration is required if, in the absence of a clear and unambiguous indication of Congressional intent, the agency has construed the statute reasonably. The parties have joined issue on the question of whether there is unambiguous evidence of Congressional intent to apply the Davis-Bacon Act to this case. The question is whether the Act was intended to apply to lease agreements involving the United States, or was meant to be restricted to contracts where the property is owned by the United States.

The defendant concedes that the legislative history of Davis-Bacon itself does not resolve the issue of whether the Act applies to government leases. In an effort to show that Congress intended to make a distinction between leased and owned property, the defendant cites related statutes which apply Davis-Bacon to specialized circumstances, or which make distinctions between leased and owned property for purposes other than determining wage rates. The Court is not pursuaded that the examples cited reveal Congressional intent with the level of clarity required under Chev...

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8 practice notes
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699, at *5 (May 23, 1994). The term ``public building or public work'' includes any building or ......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom. Building & Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); Office of Legal Counsel, U.S. Department of Justice, Reconsideration of Applicability of the Davis-Bacon Act to the Veterans ......
  • Establishing a Minimum Wage for Contractors
    • United States
    • Federal Register June 17, 2014
    • June 17, 2014
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699 (May 23, 1994), at *5. The term ``contract for construction'' is not limited to contracts en......
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • Labor Department,The Secretary Of Labor Office
    • Invalid date
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699, at *5 (May 23, 1994). The term ``public building or public work'' includes any building or ......
  • Request a trial to view additional results
3 cases
  • 571 N.W.2d 866 (Wis.App. 1997), 96-1904, Elliott v. Morgan
    • United States
    • Court of Appeals of Wisconsin
    • October 21, 1997
    ...of justice, we comply with the request. [5] Elliott cites Building & Construction Trades Department, AFL-CIO v. Turnage, 705 F.Supp. 5 (D.D.C.1988). In this case, however, the government directly contracted with a building company for the construction and leasing of a clinic for the gov......
  • 34 F.Supp.3d 172 (D.D.C. 2014), C. A. 13-0730 (ABJ), District of Columbia v. Department of Labor
    • United States
    • Federal Cases United States District Courts United States District Courts. United States District Court (Columbia)
    • March 31, 2014
    ...June 26, 1987) (" Crown Point " ) (VA outpatient clinic), aff'd sub nom. Bldg. and Constr. Trades Dep't, AFL-CIO v. Turnage, 705 F.Supp. 5, 6-7 (D.D.C. 1998); In re Military Hous., Ft. Drum, N.Y., 1985 WL 167239, at *5-6 (Dep't of Labor August 23, 1985) (" Ft. Drum " ) (......
  • 819 F.3d 444 (D.C. Cir. 2016), 14-5132, District of Columbia & CCDC Office LLC v. Department of Labor
    • United States
    • Federal Cases United States Courts of Appeals United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 5, 2016
    ...Clinic, 1987 WL 247049 (1987), aff'd sub nom. Building & Construction Trades Department, AFL-CIO, v. Turnage, 705 F.Supp. 5 (D.D.C. 1988); Military Housing Ft. Drum, New York, 1985 WL 167239 (1985). But in those cases, unlike here, the Government was the lessee ......
5 provisions
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • Labor Department,The Secretary Of Labor Office
    • Invalid date
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699, at *5 (May 23, 1994). The term ``public building or public work'' includes any building or ......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom. Building & Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); Office of Legal Counsel, U.S. Department of Justice, Reconsideration of Applicability of the Davis-Bacon Act to the Veterans ......
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699, at *5 (May 23, 1994). The term ``public building or public work'' includes any building or ......
  • Establishing a Minimum Wage for Contractors
    • United States
    • Federal Register June 17, 2014
    • June 17, 2014
    ...York, WAB Case No. 85-16, 1985 WL 167239 (Aug. 23, 1985)), aff'd sub nom., Building and Construction Trades Dep't, AFL-CIO v. Turnage, 705 F. Supp. 5 (D.D.C. 1988); 18 Op. O.L.C. 109, 1994 WL 810699 (May 23, 1994), at *5. The term ``contract for construction'' is not limited to contracts en......
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