KULZER ROOF., INC. v. DEPT. OF LAB. AND IND.

No. 1330 C.D. 1981.

68 Pa.Commw. 642 (1982)

Kulzer Roofing, Inc. and Roofing and Sheet Metal Contractors Association, Petitioners v. Commonwealth of Pennsylvania, Department of Labor and Industry and The Bristol Township School District, Respondents.

Commonwealth Court of Pennsylvania.

September 10, 1982.


Attorney(s) appearing for the Case

David C. Toomey, with him John B. Nason, III, and Richard L. Thurston, Duane, Morris & Heckscher, for petitioners.

Richard L. Cole, Jr., Chief Counsel, for respondent, Pennsylvania Department of Labor and Industry.

Richard R. Riese, with him Robert H. Shoop, Jr., and Richard I. Thomas, Thorp, Reed & Armstrong, for Amicus Curiae, Roofing Contractors Association of Western Pennsylvania, Inc.

Richard B. Sigmond, with him Bernard N. Katz, Meranze, Katz, Spear & Wilderman, for Amici Curiae, Pennsylvania Building and Construction Trades Council, AFL-CIO, Building and Construction Trades Council of Philadelphia and Vicinity, AFL-CIO, and United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, Local No. 30, AFL-CIO, in Support of Petitioners.

F. Warren Jacoby, Jacoby, Donner & Jacoby, for Amici Curiae, General Building Contractors Association, Inc., Mechanical Contractors Association of Eastern Pennsylvania, Inc., Mechanical Contractors Association of Western Pennsylvania, Inc. and Penn-Del-Jersey Chapter National Electrical Contractors Association.

Harry R. Harmon, Harmon & Associates, for Amicus Curiae, Keystone Chapter, Associated Builders & Contractors, Inc.

Argued June 8, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL.


OPINION BY JUDGE BLATT, September 10, 1982:

The petitioners1 seek review of a decision of the Department of Labor and Industry (Department) which determined that the minimum wage requirements of the Pennsylvania Prevailing Wage Act (Act), Act of August 15, 1961, P.L. 987, as amended, 43 P.S. §§ 165-1 — 165-17, did not apply to the reroofing projects here...

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