Northwest Forest Workers Association

Decision Date19 April 1985
Docket NumberB-218193.2
PartiesNORTHWEST FOREST WORKERS ASSOCIATION-- REQUEST FOR RECONSIDERATION No. 85-1 CPD 450
CourtComptroller General of the United States

General accounting office - jurisdiction - labor stipulations - service contract act of 1965 digest: prior decision dismissing protest concerning wage rates included in solicitation if affirmed because even though the department of labor board of service contract appeals, which by law has jurisdiction over the matter, is not duly constituted at this time, the question is for resolution under the authority of the secretary of labor.

Northwest forest workers association (nwfwa) requests reconsideration of our dismissal of its protest, B-218193, dated March 13 1985. We affirm the prior dismissal.

Nwfwa initially protested the inclusion of allegedly improper service contract act wage determinations in certain solicitations issued by the united states forest service and the bureau of land management. Those wage determinations were listed in the subject solicitations as a result of the department of labor wage and hour administrator's rescission of recently revised forest labor wage determinations that had been published by that department. The rescission action was said to have been taken to allow the forest service and the bureau of land management time to gather evidence in support of a wage rate lower than the rate most recently established.

Noting that the record indicated the nwfwa had already filed an appeal for review of this matter before the department of labor board of service contract appeals, we dismissed the protest because the board has jurisdiction of the appeal of actions taken by the department of labor wage and hour administrator, and it is authorized to take final action on behalf of the secretary of labor on matters arising under the service contract act (SCA), 41 U.S.C. Sec. 351 et seq. (1982). See 29 c.F.R. Part 8 (1984).

In its request for reconsideration, nwfwa states that it has been informed by the department of labor that the board of service contract appeals "does not exist" and that the department is uncertain as to what action will be taken on the appeal. Nwfwa is of the few that is being denied "logical due process, " and apparently believes that our office is an appropriate forum for the consideration of its complaint.

As we stated in our previous decision, the administration and enforcement of the provisions of the SCA...

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