Whiting-Turner/Walsh Joint Venture (agency decision, January 8, 2021)

Plain-English summary

The consolidated appeals concerned prevailing wages, fringe benefits, overtime pay, and proposed debarment arising from an asbestos-abatement project at the General Services Administration headquarters. Several contractors and the Wage and Hour Division Administrator had appealed an ALJ's October 2017 decision. The parties informed the Board that they had executed a settlement fully resolving all claims and stipulated to dismissal. The Board dismissed the matter in accordance with their agreement.

Decision snapshot

• Cited authorities: 40 U.S.C. §§ 3141 et seq. and 3701 et seq.; 29 C.F.R. Part 5
• Outcome: Four consolidated appeals dismissed under the parties' settlement.
• Key point: A fully executed settlement and joint stipulation ended the prevailing-wage and debarment dispute.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

In the Matter of:


Disputes concerning the payment             ARB CASE NOS. 2018-0008
of prevailing wages rates, fringe                         2018-0010
benefits, and overtime pay by:                            2018-0012
                                                          2018-0013
WHITING-TURNER/WALSH
JOINT VENTURE,                              ALJ CASE NO.         2015-DBA-00014
Prime Contractor,
                                            DATE:        January 8, 2021
INTERIOR SPECIALISTS, INC.,
1st-Tier Subcontractor,

ASBESTOS SPECIALISTS, INC.,
2nd-Tier Subcontractor,

and

Proposed debarment for labor
standard violations by:

ASBESTOS SPECIALISTS, INC.,
2nd-Tier Subcontractor,

SAMUEL CHAIRS, III,
President,

TIMOTHY J . CHAIRS,
Vice-President,

With respect to laborers and mechanics employed
by WMS Solutions, LLC, a staffing company
hired by 2nd Tier Subcontractor Asbestos Specialists,
Inc. on Contract GS-llP-l0MKC-0025, the Asbestos
Abatement Project at General Service Administration
Headquarters Building, Washington, D.C.

BEFORE:     THE ADMINISTRATIVE REVIEW BOARD
                                       2


                    ORDER GRANTING DISMISSAL

  This case arises under the Davis Bacon Act (DBA),1 the Contract Work Hours

and Safety Standards Act (CWHSSA),2 and the applicable implementing regulations.3 Respondents Whiting-Turner/Walsh Joint Venture, Interior Specialists, Inc., and Asbestos Specialists Inc. (collectively, Respondents) and the Administrator of the U.S. Department of Labor’s Wage and Hour Division (Administrator) (collectively, the Parties) appealed the October 19, 2017 Decision and Order (D. & O.) of a Department of Labor Administrative Law Judge (ALJ).

   On January 5, 2021, the Parties informed the Administrative Review Board

that they had “executed a Settlement Agreement (“Agreement”) that fully and finally resolved all claims in the above-captioned matter.” The Parties also agreed and stipulated to the dismissal of this matter.

  Accordingly, we DISMISS this matter in accordance with the Parties’

agreement.

SO ORDERED.

FOR THE ADMINISTRATIVE REVIEW BOARD:

                                    _____________________________
                                    JAMES D. MCGINLEY
                                    CHIEF JUDGE/CHAIR
                                    ADMINISTRATIVE REVIEW BOARD




  1
         40 U.S.C. § 3141 et seq. (2013).
  2
         40 U.S.C. § 3701 et seq. (2018).
  3
         29 C.F.R. Part 5 (2020).