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PERLERA v. VINING DISPOSAL SERVICE, INC.

Nos. 97-P-1087 & 97-P-1728.

47 Mass. App. Ct. 491 (1999)

CRUZ A. PERLERA & others v. VINING DISPOSAL SERVICE, INC. (and a companion case).

Court of Appeals of Massachusetts, Middlesex, Suffolk.

August 3, 1999.

Attorney(s) appearing for the Case

Elizabeth A. Sloane for Cruz A. Perlera & others.

Kenneth H. Tatarian for Vining Disposal Service, Inc., & another.

Luz A. Arevalo, Assistant Attorney General, for the Attorney General.

Scott Harshbarger, Attorney General, Luz A. Arevalo, Assistant Attorney General, & Linda M. Hamel for the Attorney General & another, amici curiae, submitted a brief.

Present: WARNER, C.J., ARMSTRONG, & PORADA, JJ.

ARMSTRONG, J.

The issue in these appeals is whether G. L. c. 149, § 27F, set out below at note 5, requires a private company, under contract with a municipality to provide refuse collection and disposal services, to pay wages at "prevailing rates" (as determined by the Commissioner of Labor and Workforce Development3 [commissioner]) to the trash collectors who load and operate the compacting machinery at the backs of typical trash...

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