Raibley v. County of Wabash

506 N.E.2d 744, 153 Ill. App. 3d 1083, 28 Wage & Hour Cas. (BNA) 873, 107 Ill. Dec. 1, 1987 Ill. App. LEXIS 2257
CourtAppellate Court of Illinois
DecidedApril 8, 1987
DocketNos. 5-85-0128, 5-85-0390, 5-85-0393, 5-85-0408 cons.
StatusPublished

This text of 506 N.E.2d 744 (Raibley v. County of Wabash) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raibley v. County of Wabash, 506 N.E.2d 744, 153 Ill. App. 3d 1083, 28 Wage & Hour Cas. (BNA) 873, 107 Ill. Dec. 1, 1987 Ill. App. LEXIS 2257 (Ill. Ct. App. 1987).

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

Plaintiffs, Scott Raibley, James Hart, Guy Shehorn, Harvey Shock, John Shrum, Frank Koester, and Mike Carr, have perfected and consolidated the instant appeals from judgments entered on administrative review by the circuit courts of Wabash, Clay, and Effing-ham counties in favor of defendants, County of Wabash, County of Clay, County of Effingham, and City of Effingham. The proceedings were instituted in the various trial courts, seeking administrative review of decisions of local governing bodies regarding determination of the prevailing wage for highway maintenance workers. (Ill. Rev. Stat. 1985, ch. 48, par. 39s — 1 et seq.) In a related matter Neale Shaw, vice-president of Mt. Carmel Sand & Gravel Company, Inc., contests on appeal the ruling of the circuit court of Clay County that he had no standing to challenge the county’s prevailing wage ordinance.

Prior to January 1, 1984, maintenance work on existing public works was specifically excepted from the prevailing wage law (Ill. Rev. Stat. 1981, ch. 48, par. 39s — 2); however, effective January 1, 1984, this specific exception was eliminated (Ill. Rev. Stat. 1983, ch. 48, par. 39s — 2 (as amended by Pub. Act 83 — 443, sec. 1, eff. January 1, 1984)). Thus, maintenance workers on public works are now to be paid “[n]ot less than the general prevailing rate of hourly wages for work of a similar character on public works in the locality in which the work is performed, and not less than the general prevailing rate of hourly wages for legal holiday and overtime work.” (Ill. Rev. Stat. 1985, ch. 48, par. 39s — 3.) The general prevailing wage also includes fringe benefits for health and welfare insurance, vacations and pensions paid generally in the locality. Ill. Rev. Stat. 1985, ch. 48, par. 39s — 2.

In each of the instant cases the local governing body determined that maintenance work was separate and distinct from higher-paid construction work. Therefore, a lower rate of pay ostensibly based upon previous employment practices was instituted for maintenance work as compared to construction work. Plaintiffs challenged this interpretation, alleging that (1) in eliminating the exemption relating to maintenance workers, the legislature intended that all workers employed on public works projects be paid in accordance with their craft or type of work and not with reference to the type of contract being performed, and (2) the local governing bodies based their wage determination for maintenance workers on inadequate information. In each case the circuit court ruled in favor of the local governing body’s interpretation of the statute. Plaintiffs appeal, raising the same issues they argued in the circuit court.

Frye v. County of Iroquois (1986), 140 Ill. App. 3d 749, 489 N.E.2d 406, is dispositive of plaintiffs’ first issue. In Frye, maintenance workers raised an identical issue. The court found that “even though maintenance is no longer excluded from the process [of determining prevailing wages], neither is it mandated that the prevailing wage for a tradesman performing maintenance is equivalent to that of a brother engaged in construction.” (140 Ill. App. 3d 749, 751, 489 N.E.2d 406, 408.) We therefore reject plaintiffs’ assertion that the statute entitles maintenance workers to be paid construction workers’ wages.

The second issue raised by plaintiffs is whether the prevailing wage determinations made by each local governing body were supported by adequate information. This determination is necessarily a question of fact. A court on review of an administrative decision will not disturb such findings of fact unless they are contrary to the manifest weight of the evidence. Lakin v. Gorris (1983), 113 Ill. App. 3d 1034, 1037, 448 N.E.2d 215, 217; see also Frye v. County of Iroquois (1986), 140 Ill. App. 3d 749, 751, 489 N.E.2d 406, 408.

Case No. 5-85-0128

The Wabash County board enacted the following relevant prevailing wages:

Construction Laborers Operating Engineers Truck Drivers Hourly Wages $13.75-$13.85 $ 9.50-$17.45 $14.275-$15.125 Hourly Fringe Benefits Welfare Pension $1,035 $ .30 $1.00 $1.50 $1.90 $1,375

Maintenance Laborers Hourly Wages Welfare Pension Truck Drivers Operating Engineers $ 8.95 $7.78 $7.78 $1.00 $ll/wk $1.00 $.40 $1.00 $ll/wk

Scott Raibley, James Hart, and Guy Shehorn filed a written objection to the wage determination for maintenance workers. The following evidence was submitted to the county board during the hearing on this objection.

Gordon Kirkman, the superintendent of highways for Wabash and Edwards counties, testified that he had assisted the county board in investigating the instant prevailing wage rates. In doing so, he requested information from the Illinois Department of Labor, the Teamsters Union, the Operating Engineers Union, and the Laborers Union. In addition, Kirkman requested prevailing wage rates from local contractors for oil and chip maintenance work on county roads. Kirkman related that since the Mt. Carmel Sand & Gravel Company for the last 10 years had performed all of the oil and chip maintenance work on Wabash and Edwards county roads, the prevailing wage contract this company had in effect with the Teamsters and the Operating Engineers from January 1, 1984, through December 31, 1986, for oil and chip maintenance work “was the basis that we used for making our determination for prevailing wages for oil and chipping.’’.The operating engineer contract provided that operating engineers be paid $8.95 per hour, that the company contribute $1 per hour for up to 40 hours per week for health and welfare benefits, and that the company contribute $.40 per hour for up to 40 hours per week for pension benefits. The Teamsters’ contract provided that all departments (i.e. semi-truck drivers, ready mix and gravel truck drivers, road oil and liquid asphalt drivers, and mechanics) be paid $8.28 per hour, that the company contribute $33.75 per week for each week worked for health and welfare benefits, and that the company contribute $11 per week for pension benefits.

Neale Shaw, vice-president of the Mt. Carmel Sand & Gravel Company, and an officer of its subsidiary, Wabash Asphalt, testified that his company probably performed 90% of the oil and chipping road maintenance work within a 40-mile radius of Mt. Carmel, exclusive of the State of Indiana. Mr. Shaw testified that in the last year, on all jobs, the Teamsters and Operating Engineers had performed 289 hours of work for his company. In Mr. Shaw’s opinion, the prevailing wage rates enacted by the county board for maintenance workers were generous.

Guy Shehorn, business representative for Operating Engineers Local 841, testified concerning the number of hours of work performed on public works and the wages paid to his union members in the locality. According to Mr. Shehorn, operating engineers had worked a total of 4,616 hours in Wabash County in the last year. However, none of these hours involved oil and chip maintenance work. Furthermore, Mr.

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Related

Lakin v. Gorris
448 N.E.2d 215 (Appellate Court of Illinois, 1983)
Lynch v. Devine
359 N.E.2d 1137 (Appellate Court of Illinois, 1977)
Frye v. County of Iroquois
489 N.E.2d 406 (Appellate Court of Illinois, 1986)

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Bluebook (online)
506 N.E.2d 744, 153 Ill. App. 3d 1083, 28 Wage & Hour Cas. (BNA) 873, 107 Ill. Dec. 1, 1987 Ill. App. LEXIS 2257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raibley-v-county-of-wabash-illappct-1987.