Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r

433 P.3d 248
CourtNevada Supreme Court
DecidedJanuary 17, 2019
DocketNo. 71101
StatusPublished
Cited by2 cases

This text of 433 P.3d 248 (Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r, 433 P.3d 248 (Neb. 2019).

Opinion

By the Court, HARDESTY, J.:

In this appeal we must determine whether Nevada's prevailing wage law requirements apply to none or part of a maintenance contract for an airport shuttle system. Generally, work performed under a maintenance contract is not subject to prevailing wage requirements, as it does not qualify as "public work" under NRS 338.010(15). However, the Labor Commissioner determined that because a portion of the work under the contract at issue in this case is repair work, that work is a "public work" project under NRS 338.010(15) and is not exempt from prevailing wage requirements. We conclude that the Labor Commissioner properly determined that the "repair" portion of a maintenance contract is a public work project under NRS 338.010(15), even if the contract is predominantly for maintenance, and that no exemptions applied that would allow appellant Bombardier Transportation (Holdings) USA, Inc. (Bombardier) to forego paying prevailing wages on that portion of the contract. We further conclude that the Labor Commissioner's decision was supported by substantial evidence and that the Labor Commissioner properly determined that 20 percent of the work involved repair rather than maintenance and was thus subject to the prevailing wage.

FACTS AND PROCEDURAL HISTORY

In 1985, Bombardier installed an automated transportation system (ATS) at the McCarran International Airport (the airport). The ATS is the shuttle system that delivers passengers to the C and D concourses at the airport. In June 2008, Bombardier and respondent Clark County entered into a five-year contract for maintenance work on the ATS. The contract includes minor and major maintenance tasks.

In October 2009, respondent International Union of Elevator Constructors (the Union), the labor union that represented technicians working on the ATS, filed a complaint with the Labor Commissioner, claiming that Bombardier was not paying the ATS technicians prevailing wage rates. Following a six-day administrative hearing, the Labor Commissioner determined that the contract is a public *252work project and therefore subject to NRS Chapter 338's prevailing wage requirements. The Labor Commissioner further determined that no statutory exemption applied to exempt Bombardier from paying the ATS technicians prevailing wages for repair work performed under the contract because the contract itself was not directly related to the normal operation or normal maintenance of the airport, nor was Bombardier an exempted railroad company. Distinguishing between tasks requiring skilled or unskilled technicians, the Labor Commissioner concluded that 20 percent of the work under the contract was for major repairs and required payment of prevailing wages. He directed Clark County to "calculate the 20% due to the ATS Technicians who performed work on [the contract]" and to provide that calculation within 30 days.

Bombardier filed a petition for judicial review, challenging the Labor Commissioner's decision. The district court summarily affirmed the Labor Commissioner's decision, but also remanded the decision "solely for supervision and jurisdiction by the Labor Commissioner over the payment by Bombardier pursuant to calculation to be performed by the Clark County Department of Aviation." Bombardier now appeals the district court order denying its petition for judicial review.

DISCUSSION

Bombardier challenges the Labor Commissioner's determinations that (1) the contract is a public work project as defined under NRS 338.010(15) (2009),2 and (2) the contract is not exempt from Nevada's prevailing wage requirements under either NRS 338.011(1) or NRS 338.080, because it is not directly related to the normal operation or normal maintenance of the airport and Bombardier is not a railroad company. Bombardier also argues that substantial evidence does not support the Labor Commissioner's determination that 20 percent of the work under the contract was for repair work and therefore subject to prevailing wages. Finally, Bombardier challenges the Labor Commissioner's classification of the ATS Technicians as Elevator Constructors and the determination that they were entitled to recover prevailing wages on that basis.

I.

We review an agency's decision under the same standard as the district court, without deference to the district court's decision, and "determine, based on the administrative record, whether substantial evidence supports the administrative decision." Kay v . Nunez , 122 Nev. 1100, 1105, 146 P.3d 801, 805 (2006). We defer to the agency's findings of fact, but review its legal conclusions de novo. State, Dep't of Taxation v. Masco Builder Cabinet Grp., 127 Nev. 730, 735, 265 P.3d 666, 669 (2011). We also review de novo statutory interpretation questions in the administrative context and will look to the legislative history to ascertain the Legislature's intent when it is not clear from the statute's plain language. See State , Dep't of Motor Vehicles v. Taylor-Caldwell , 126 Nev. 132, 134, 229 P.3d 471, 472 (2010) ; see also Valenti v. State , Dep't of Motor Vehicles, 131 Nev. 875, 878-79, 362 P.3d 83, 85 (2015) (stating that this court will look to the legislative history when it cannot discern the legislative intent from the statute's plain language).

II.

NRS Chapter 338, Nevada's public works chapter, requires employers to pay workers prevailing wages when the workers perform public work and no exemption otherwise applies. We are asked to determine whether a portion of work done under this maintenance contract qualified as "public work" under NRS 338.010

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Cite This Page — Counsel Stack

Bluebook (online)
433 P.3d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bombardier-transp-holdings-usa-inc-v-nev-labor-commr-nev-2019.