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SLURRY SEAL ASS'N v. INDUS. RELATIONS

No. G027691.

121 Cal.Rptr.2d 38 (2002)

98 Cal.App.4th 651

CALIFORNIA SLURRY SEAL ASSOCIATION, Plaintiff and Appellant, v. DEPARTMENT OF INDUSTRIAL RELATIONS et al., Defendants and Respondents, Southern California District Council of Laborers et al., Interveners and Respondents.

Court of Appeals of California, Fourth District, Division Three.

May 21, 2002.

Attorney(s) appearing for the Case

Musick, Peeler & Garrett, Stuart D. Tochner, Los Angeles, and Bethany A. Pelliconi for Plaintiff and Appellant.

John M. Rea, San Francisco, and Anthony Stefan Mischel for Defendants and Respondents Department of Industrial Relations and Stephen J. Smith, as Director, etc.

Reich, Adell, Crost & Cvitan, Alexander B. Cvitan and Esteban Lizardo, Los Angeles, for Interveners and Respondents Southern California District Council of Laborers and Laborers' International Union of North America, Highway & Street Stripers, Local 1184, AFL-CIO.

OPINION

MOORE, J.

At the request of a labor organization, the Department of Industrial Relations (the Department) evaluated whether to rescind a 10-year-old prevailing wage determination for slurry seal workers. The Department rescinded the determination upon concluding it no longer represented the prevailing wage. When the Department did so, another preexisting prevailing wage determination, based on a collective...

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