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Local 363, International Brotherhood of Electrical Workers v. New York State Department of Labor

Citations: 230 A.D.2d 440; 659 N.Y.S.2d 518; 1997 N.Y. App. Div. LEXIS 6707

Court: Appellate Division of the Supreme Court of the State of New York; June 19, 1997; New York; State Appellate Court

Narrative Opinion Summary

The case involves a dispute over the prevailing wage classification for telecommunications workers under public contracts. The respondent initially set different prevailing wage schedules for data and voice telecommunications work, aligning with collective bargaining agreements with different unions. However, technological advancements led to a reconsideration and merging of these classifications into a single 'telecommunication worker-voice, data, video' category, with wages based on telephone installation field technicians' rates. The petitioner unions challenged this classification, arguing that only the top-grade technician rate should apply, as step rates did not reflect the skills and training required. The Supreme Court reviewed the respondent's determination under a CPLR article 78 proceeding. It concluded that the wage schedule did not comply with Labor Law § 220 (3), as it failed to represent the true prevailing wage for the occupation due to reliance on a step rate based solely on seniority rather than skill mastery. The court annulled the respondent's determination, granting the petition and awarding costs, noting the necessity of aligning wages with the skills required to prevent the displacement of skilled workers. The appeal did not pursue the merging of categories issue.

Legal Issues Addressed

Classification of Workforce in Wage Determination

Application: The court assessed whether the classification of 'telecommunication worker-voice, data, video' and its associated wage progression accurately reflected the skills and training required for the job, ultimately finding the classification inappropriate.

Reasoning: Evidence indicates that advancement through wage step rates requires mastery of skills obtained through on-the-job training and formal coursework.

Judicial Review of Administrative Determinations

Application: The respondent's decision was reviewed under a CPLR article 78 proceeding, where the court annulled the determination due to its lack of a reasonable basis and disregard for factual evidence.

Reasoning: The decision to adopt the current wage schedule lacks a reasonable basis and disregards the factual evidence. Therefore, the determination is annulled, with costs awarded, and the petition granted.

Prevailing Wage Determination under Labor Law § 220 (3)

Application: The respondent's prevailing wage schedule for telecommunications workers was challenged for not complying with Labor Law § 220 (3), which requires wages to reflect the prevailing rate for the same trade or occupation.

Reasoning: The prevailing wage schedule adopted does not comply with Labor Law § 220 (3), which mandates that wages must be at least the prevailing rate for the same trade or occupation.

Role of Collective Bargaining Agreements in Wage Setting

Application: The court examined collective bargaining agreements to determine the true prevailing wage, emphasizing the need to prevent the displacement of skilled workers by less trained individuals.

Reasoning: The statute allows for independent examination of collective bargaining agreements to determine the true prevailing wage, which aims to prevent displacement of skilled workers with less trained individuals.