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CONSTR. INDUS. OF MASS. v. COMMR. OF LABOR & INDUS.

406 Mass. 162 (1989)

546 N.E.2d 367

CONSTRUCTION INDUSTRIES OF MASSACHUSETTS & others vs. COMMISSIONER OF LABOR AND INDUSTRIES.

Supreme Judicial Court of Massachusetts, Worcester.

November 22, 1989.

Attorney(s) appearing for the Case

John D. O'Reilly, III, for the plaintiffs.

Suzanne E. Durrell, Assistant Attorney General, for the Commissioner of Labor and Industries.

Paul F. Kelly, for Excavating & Building Material Teamsters, Chauffeurs & Helpers, Local Union 379, amicus curiae, submitted a brief.

Donald J. Siegel & Mary T. Sullivan, for Massachusetts Building Trades Council, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

NOLAN, J.

Plaintiffs, two trade associations and four truck owners, commenced this action in the Superior Court against the Commissioner of Labor and Industries (commissioner). The plaintiffs sought a judgment declaring that the commissioner does not have authority under G.L.c. 149, §§ 26-27F (1988 ed.), to set wages for truck drivers who deliver bituminous concrete to public works construction sites. A Superior Court judge entered summary judgment declaring...

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