Ezel / Agency Decisions / ARB 2016-0053

In re Katerberg Verhage, Inc. (Board decision, May 5, 2016)

Katerberg Verhage (DOL ARB 2016-0053): Wage rate appeal dismissed by consent

Decision type
Board decision
Docket
ARB 2016-0053
Decided
May 5, 2016
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-11-05
Cited standards
40 U.S.C. § 3141
Official source
Read the official release (dol.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Board precedent from 2016, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2016
The statutes and regulations the Board applies may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final ARB decision dismissing a petition
The Board dismissed Katerberg Verhage's Davis-Bacon wage determination appeal without prejudice after the company consented to dismissal. The order did not decide the disputed wage rates.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official DOL ARB release. The full text is the agency's own release.
Read the official release (dol.gov)

Plain-English summary

Katerberg Verhage challenged a published wage determination for landscape labor and equipment operators in Grand Traverse County, Michigan. The Wage and Hour Division Administrator moved to dismiss the Board appeal and said the company had consented. The Board granted the motion and dismissed the appeal without prejudice. It did not decide the proper wage rates for the listed classifications.

Decision snapshot

  • Cited authority: Davis-Bacon Act labor standards under 40 U.S.C. §§ 3141–3148.
  • Outcome: Wage determination appeal dismissed without prejudice by consent.
  • Key point: The Board ended the appeal on the parties' consent without reaching the wage determination.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave., N.W.
Washington, DC 20210

In the Matter of:

Dispute concerning published wage rates by:

KATERBERG VERHAGE, INC.,
ARB CASE NO. 16-053

PETITIONER,
DATE: May 5, 2016

With respect to wage determination
MI14003 Mod. 6 dated July 18, 2014, for landscape laborer and operator— bobcat/skid steer/skid loader classification in Grand Traverse county, Michigan.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER GRANTING ADMINISTRATOR’S MOTION TO DISMISS THE PETITION FOR REVIEW WITHOUT PREJUDICE

On April 29, 2016, the Administrator, Wage and Hour Division, United States Department of Labor filed Administrator’s Motion to Dismiss the Petition for Review in this case arising under the labor standards provision of the Davis-Bacon Act, 40 U.S.C.A.
§ 3141-3148 (Thomson/West 2005 Supp. 2015) and its implementing regulations, 29 C.F.R. Part 7 (2015). The Administrator averred in the Motion that Petitioner Katerberg Verhage, Inc. has consented to dismissal of the appeal. Administrator’s Motion at 4;
Exhibit 1.

Accordingly, as Petitioner has consented to the dismissal of its appeal, the Administrator’s motion is GRANTED, and the appeal is dismissed without prejudice.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

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