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GRACEY v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1340

No. 88-3074.

868 F.2d 671 (1989)

Martin GRACEY, Klate Holt, John V. Hill, d/b/a The Klate Holt Company, Plaintiffs-Appellees, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1340, AFL-CIO, Defendant-Appellant, and Paula V. Smith, Administrator, Wage & Hour Division, Employment Standards Administration of the Department of Labor; Anne McLaughlin, Secretary, Department of Labor, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1989.

Rehearing and Rehearing Denied May 1, 1989.

Attorney(s) appearing for the Case

Terry Russell Yellig (Maria Makris-Gouvas, Sherman, Dunn, Cohen, Leifer & Counts, P.C., Jonathan Kronheim, U.S. Dept. of Labor, Washington, D.C., on brief), for defendant-appellant.

Mark E. Levitt, Coral Gables, Fla. (James M. Blue, Hogg, Allen, Ryce, Norton & Blue, P.A., on brief), Tampa, Fla., for plaintiffs-appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and KNAPP, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied May 1, 1989.

WILKINSON, Circuit Judge:

In this case we must determine if the Service Contract Act, 41 U.S.C. §§ 351-58 (1987), permits the Secretary of Labor to set aside the wage and benefit provisions of a collective bargaining agreement if they are less than the prevailing rate in the locality for similar work. The district court held that the Act does not provide the Secretary authority to set aside the...

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