B-126935, MAR. 21, 1956

B-126935, MAR. 21, 1956

TO MR. EVAN BRADEN:

THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR FINDING THAT EVAN BRADEN, DOING BUSINESS AS THE BRADEN ROOFING COMPANY, DISREGARDED ITS OBLIGATIONS TO EMPLOYEES WITHIN THE MEANING OF THE DAVIS-BACON ACT OF AUGUST 31, 1935, 40 U.S.C. 276A, IN THE PERFORMANCE OF CONTRACT NO. ILL- 11151/C) M-594.

PURSUANT TO SECTION 3 (A) OF THE ACT, THESE NAMES WERE LISTED AS VIOLATORS ON MARCH 1, 1956, AND NO GOVERNMENT CONTRACT SHALL BE AWARDED TO THEM, OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH THEY HAVE AN INTEREST, UNTIL THREE YEARS SHALL HAVE ELAPSED FROM SUCH DATE.

FINDING

IN THE MATTER OF EVAN BRADEN, DOING BUSINESS AS THE BRADEN ROOFING COMPANY, UNDER SECTION 3 (A) OF THE ACT OF AUGUST 30, 1935, 40 U.S.C. 276A -2.

SECTION 1 OF THE DAVIS-BACON ACT OF AUGUST 30, 1935, 49 STAT. 1011, 40 U.S.C. 276A, PROVIDES, IN PART, THAT---

"THE ADVERTISED SPECIFICATIONS FOR EVERY CONTRACT IN EXCESS OF $2,000, TO WHICH THE UNITED STATES * * * IS A PARTY, FOR CONSTRUCTION ALTERATION, AND/OR REPAIR, INCLUDING PAINTING AND DECORATING, OF PUBLIC BUILDINGS OR PUBLIC WORKS OF THE UNITED STATES * * * AND WHICH REQUIRES OR INVOLVES THE EMPLOYMENT OF MECHANICS AND/OR LABORERS SHALL CONTAIN A PROVISION STATING THE MINIMUM WAGES TO BE PAID VARIOUS CLASSES OF LABORERS AND MECHANICS * * * AND EVERY CONTRACT BASED UPON THESE SPECIFICATIONS SHALL CONTAIN A STIPULATION THAT THE CONTRACTOR OR HIS SUBCONTRACTOR SHALL PAY ALL MECHANICS AND LABORERS EMPLOYED DIRECTLY UPON THE SITE OF THE WORK, UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT, THE FULL AMOUNTS ACCRUED AT TIME OF PAYMENT, COMPUTED AT WAGE RATES NOT LESS THAN THOSE STATED IN THE ADVERTISED SPECIFICATIONS, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR OR SUBCONTRACTOR AND SUCH LABORERS AND MECHANICS * * *.'

SECTION 3 (A) OF THE ACT PROVIDES THAT---

"* * * THE COMPTROLLER GENERAL OF THE UNITED STATES IS FURTHER AUTHORIZED AND IS DIRECTED TO DISTRIBUTE A LIST TO ALL DEPARTMENTS OF THE GOVERNMENT GIVING THE NAMES OF PERSONS OR FIRMS WHOM HE HAS FOUND TO HAVE DISREGARDED THEIR OBLIGATIONS TO EMPLOYEES AND SUBCONTRACTORS. NO CONTRACT SHALL BE AWARDED TO THE PERSONS OR FIRMS APPEARING ON THIS LIST OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH PERSONS OR FIRMS HAVE AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF THE LIST CONTAINING THE NAMES OF SUCH PERSONS OR FIRMS.'

UNDER DATE OF JUNE 23, 1954, THE PUBLIC HOUSING ADMINISTRATION ENTERED INTO CONTRACT NO. ILL-11151 (C) M-594, IN EXCESS OF $2,000, FOR REPAIRS TO ROOFS ON TWELVE DWELLINGS AT THE SPARSDALE PROJECT, ILL 11151, ROSICLARE, ILLINOIS, WITH EVAN BRADEN, DOING BUSINESS AS THE BRADEN ROOFING COMPANY, CARMI, ILLINOIS. THE CONTRACT AND RELATED SPECIFICATIONS CONTAINED THE PROVISIONS AND STIPULATIONS REQUIRED BY SECTION 1 OF THE ACT.

COMPLAINTS THAT EMPLOYEES COVERED BY THE ACT AND THE CONTRACT PROVISIONS HAD NOT RECEIVED WAGES DUE THEM WERE INVESTIGATED BY THE PUBLIC HOUSING ADMINISTRATION AND IT WAS FOUND THAT NINE EMPLOYEES HAD WORKED A TOTAL OF 1,176 HOURS FOR WHICH NO COMPENSATION WAS RECEIVED, EXCEPT IN THE CASE OF ONE EMPLOYEE WHO WAS PAID $36 ON ACCOUNT. REPEATEDLY REQUESTS BY FEDERAL AGENCY THAT THE EMPLOYEES BE PAID WERE UNSUCCESSFUL, AS WERE REQUESTS FOR SWORN COPIES OF PAYROLLS REQUIRED TO SUPPORT THE REQUIRED PAYMENTS.

ON DECEMBER 30, 1955, THE SOLICITOR OF LABOR NOTIFIED THE CONTRACTOR OF THE SPECIFIC VIOLATIONS INVOLVED, ENUMERATING THE EMPLOYEES AND THE WAGES DUE THEM, AND INVITED EXPLANATION OF THE SITUATION. NO REPLY WAS RECEIVED AND, ON JANUARY 31, 1956, THE SOLICITOR, IN VIEW OF THE EVIDENCE OF DISREGARD OF OBLIGATIONS TO EMPLOYEES, JOINED WITH THE PUBLIC HOUSING ADMINISTRATIVE IN RECOMMENDING THAT THE INELIGIBILITY SANCTION OF THE ACT BE IMPOSED.

WE HEREBY FIND THAT THE FACTS OF RECORD CLEARLY SHOW THAT "OBLIGATIONS TO EMPLOYEES" WITHIN THE MEANING OF SECTION 3 (A) OF THE DAVIS-BACON ACT WERE DISREGARDED. ACCORDINGLY, THE NAMES OF EVAN BRADEN AND THE BRADEN ROOFING COMPANY HAVE BEEN INCLUDED ON A LIST FOR DISTRIBUTION TO ALL DEPARTMENTS OF THE GOVERNMENT AND NO CONTRACT SHALL BE AWARDED TO SUCH COMPANY OR PERSON, OR TO ANY FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION IN WHICH SUCH PERSON OR COMPANY HAS AN INTEREST UNTIL THREE YEARS HAVE ELAPSED FROM THE DATE OF PUBLICATION OF SUCH LIST.