LOCAL 363 v. LABOR DEPT.


230 A.D.2d 440 (1997)

659 N.Y.S.2d 518

In the Matter of Local 363, International Brotherhood of Electrical Workers, et al., Appellants, v. New York State Department of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 19, 1997


Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, Mineola (Michael A. Ciaffa of counsel), for appellants.

Dennis C. Vacco, Attorney-General, New York City (Jennifer S. Brand of counsel), for respondent.

MIKOLL, J. P., MERCURE, CREW III and YESAWICH JR., JJ., concur.


PETERS, J.

Prior to June 1995, respondent utilized different prevailing wage schedules for voice telecommunications work and data telecommunications work performed pursuant to a public work contract (see, NY Const, art I, § 17; Labor Law art 8). Where the work involved the installation of data cable, the prevailing rate of pay was the electrician rate as determined in accordance with collective bargaining...

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