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MALE v. RENDA CONTRACTING

64 N.J. 199 (1974)

314 A.2d 361

RAYMOND F. MALE, COMMISSIONER, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ERNEST RENDA CONTRACTING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND HILLSBOROUGH MUNICIPAL UTILITIES AUTHORITY, TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Mr. William P. Westling argued the cause for defendant-respondent and cross-appellant Hillsborough Municipal Utilities Authority (Messrs. Imbriani & Westling, attorneys).

Mr. Raymond P. Demarco argued the cause for defendant-appellant and cross-respondent Ernest Renda Contracting Co., Inc. (Messrs. Romer and Demarco, attorneys).

Mr. Stephen Skillman, First Assistant Attorney General, argued the cause for plaintiff-respondent (Ms. Virginia Long Annich, Deputy Assistant Attorney General, on the brief; Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Messrs. Heller & Laiks filed a brief for amicus curiae Utility Contractors Association of New Jersey, Inc.

Mr. Ronald L. Tobia filed a brief for amicus curiae Associated Independent Contractors.

Messrs. Parsonnet, Parsonnet & Duggan, filed a brief for amicus curiae New Jersey State AFL-CIO.

Messrs. Dunn and Pykon filed a brief for amicus curiae New Jersey Building and Construction Trades Council AFL-CIO.

PER CURIAM.

We affirm the judgment of the Appellate Division for substantially the reasons set forth in its opinion reported at 122 N.J.Super. 526 (1973), but add the following comments.

The statute in question, N.J.S.A. 34:11-56.25 et seq., is not a true prevailing wage statute since non-union wages are not used in determining the wage rate. Only the wages fixed in collective bargaining agreements in...

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