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INTERNATL. UNION OF OPERATING ENG., LOCAL 18 v. DAN WANNEMACHER MASONRY CO.

No. 87-266.

36 Ohio St. 3d 74 (1988)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18, ET AL., APPELLANTS, v. DAN WANNEMACHER MASONRY CO., APPELLEE.

Supreme Court of Ohio.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Wuliger, Fadel & Beyer and Martin W. Elson, for appellants.

William B. Balyeat, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Robert W. Patchen, urging reversal for amicus curiae, James W. Harris, Director, Ohio Department of Industrial Relations et al.

MOYER, C.J.

The sole issue presented by this appeal is whether a sole proprietor who personally performs physical work as a laborer, workman, or mechanic in the construction of a public improvement and who pays his employees prevailing wages, is himself subject to Ohio's prevailing wage law, R.C. 4115.03 through 4115.16. For the reasons stated below, we hold that such a sole proprietor is not subject to the law and, accordingly, affirm the judgment of the court of...

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