Associated Builders & Contractors of Maryland, Inc. v. Commissioner of Labor & Industry

355 A.2d 509, 31 Md. App. 171, 1976 Md. App. LEXIS 483
CourtCourt of Special Appeals of Maryland
DecidedApril 13, 1976
DocketNo. 490
StatusPublished
Cited by2 cases

This text of 355 A.2d 509 (Associated Builders & Contractors of Maryland, Inc. v. Commissioner of Labor & Industry) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Associated Builders & Contractors of Maryland, Inc. v. Commissioner of Labor & Industry, 355 A.2d 509, 31 Md. App. 171, 1976 Md. App. LEXIS 483 (Md. Ct. App. 1976).

Opinion

Menchine, J.,

delivered the opinion of the Court.

The common issue in these appeals 1 is the question [173]*173whether the provisions of the Prevailing Wage Law (Md. Code Article 100, §§ 96-107, 1975 Cum. Supp.) apply to separate construction projects in Wicomico and Talbot Counties.

The issue had been raised before the Commissioner of Labor and Industry by separate actions by the Board of Education of Wicomico County and by the Board of Education of Talbot County. The facts giving rise to the issue are not in dispute and will be set forth herein under the headings: (a) The Wicomico County Project; and (b) The Talbot County Project.

The Facts

(a) The Wicomico County Project. .

The Board of Education of Wicomico County had proposed an addition to the existing Delmar Elementary School that included: (a) the use of maple wood flooring within a gymnasium; and (b) replacement of the roof over the existing multi-purpose room of the school. The Interagency Committee of the Board of Public Works of Maryland excluded the use of State funds for the recited items. Wicomico County thereupon undertook to pay for the items, a contribution of $25,000.00 2 to the total project cost of $2,278,565.00. The project then was to be contracted as initially planned.

(b) The Talbot County Project.

The Board of Education of Talbot County had proposed an [174]*174addition to the Easton Area Senior High School consisting of a new auditorium with a seating capacity for 1270 persons. The Interagency Committee of the Board of Public Works of Maryland had excluded the use of State funds to provide a seating capacity exceeding 1000 persons. Talbot County thereupon undertook to pay the cost of the additional 270 seats, a contribution of $110,000.00 to the total project cost of $1,087,997.00. The project then was to be contracted as initially planned.

The Proceedings Before the Commissioner

(a) The Wicomico County Project.

The Board of Education of Wicomico County, by letter dated August 7, 1974, requested the Commissioner of Labor and Industry to determine that § § 96-107 of Code Article 100 did not apply to the Delmar Elementary School project. After investigation and hearing and purporting to act under § 101 of that Article,3 the Commissioner reached, inter alia, the following conclusions:

[175]*175“In Wicomico County a contribution of $25,000.00 represents approximately one cent on the real property tax rate.

“It is agreed by all parties that the contribution is not being made for the purpose of avoiding the effect of the prevailing wage statute.

“The purpose of the contribution is bona fide within the meaning of the law.”

He then made a determination that Code Article 100, §§ 96-107 “is not applicable to the Delmar Elementary School Project, Wicomico County, Maryland.”

Associated Builders and Contractors of Maryland, Inc.; [176]*176Baltimore Building and Construction Trades Council, AFL-CIO and the Board of Education of Wicomico County had been interested parties at the hearing. Baltimore Building and Construction Trades Council, AFL-CIO, aggrieved by the Commissioner’s decision, filed an appeal to the Baltimore City Court.4

fb) The Talbot County Project.

The Board of Education of Talbot County, by letters dated September 30, 1974 and October 11, 1974, requested the Commissioner of Labor and Industry to determine that §§ 96-107 of Code Article 100 did not apply to the Auditorium Addition to Easton Area Senior High School Project. After investigation and hearing, and purporting to act under § 101 of that Article, the Commissioner reached, inter alia, the following conclusions:

“That the plans and specifications submitted by Talbot County provide for the construction of the auditorium with seating capacity increased to 1270.

“That the increased seating capacity of the auditorium by Talbot County is for the stated purpose that said auditorium will be used as a cultural center for residents of Talbot County.

“That the contribution of Talbot County towards the estimated total cost of the project is the cost of the additional seating over and above the 1000 seat capacity approved by the State Interagency Committee.

“That the contribution by the County for the additional seating is for a community purpose rather than an education purpose, and is not a bona fide purpose within the meaning of Article 100, Sections 96-107, Annotated Code of Maryland f 1974 Supplement).”

[177]*177He then made a determination that Code Article 100, §§ 96-107 “is applicable to the Talbot County Auditorium Addition to Easton Area Senior High School [Project], Talbot County, Maryland.”

Associated Builders and Contractors of Maryland, Inc., Baltimore Building and Construction Trades Council, AFL-CIO and the Board of Education of Talbot County had been interested parties at the hearing. Associated Builders and Contractors of Maryland, Inc. and the Board of Education of Talbot County, aggrieved by the Commissioner’s decision, filed an appeal to the Baltimore City Court.5

The Proceedings in the Baltimore City Court

Both appeals were heard in the Baltimore City Court on March 3, 1975. The Commissioner’s decision in the appeal concerning the Wicomico County Project was reversed; his decision in the appeal concerning the Talbot County Project was affirmed. In sum, the trial court decided that both projects came within the purview of the Prevailing Wage Law.

The Decision

We shall reverse. We hold that both projects are without the purview of the Act. That public school construction contracts may be public works within the purview of the provisions of the “Prevailing Wage Law” is not open to doubt. Demory Brothers v. Board of Public Works, 20 Md. App. 467, 316 A. 2d 529 (1974), affirmed 273 Md. 320, 329 A. 2d 674 (1974). This is not to say, however, that the provisions of the Prevailing Wage Law become enlarged in scope or broader in application when a particular contract involves in whole or in part the construction of public schools. Otherwise stated, the issue or question whether the Prevailing Wage Law is applicable in a particular case depends upon whether such project falls within the [178]*178definitions of “construction” of “public works” by a “public body” as defined in § 96, subsections (b), (c), (d) (1) and (d) (2) of Code Article 100. That issue or question is not influenced by the circumstance that the contract for the “construction” of “public works” perchance involves school construction.

The above noted subsections of § 96 of Code Article 100 read as follows:

“(b) ‘Construction’ includes all construction, reconstruction, improvement, enlargement, painting and decorating, alteration, maintenance or repair.
(c) ‘Public works’ includes all buildings, bridges, roads, streets, alleys, ditches, sewage disposal plants, waterworks, and all other structures or works, constructed for public use or benefit

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Bluebook (online)
355 A.2d 509, 31 Md. App. 171, 1976 Md. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-builders-contractors-of-maryland-inc-v-commissioner-of-mdctspecapp-1976.