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MOSAICA EDUC. v. PREVAILING WAGE

836 A.2d 185 (2003)

MOSAICA EDUCATION, INC., Petitioner, v. PENNSYLVANIA PREVAILING WAGE APPEALS BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Mary B. Halfpenny, Philadelphia, for petitioner.

Peter Von Getzie, Harrisburg, for intervenor, Bureau of Labor Law Compliance.

Irwin W. Aronson, Harrisburg, for intervenors, PA State Building & Construction Trades Council, AFL-CIO and the Central PA Building Trades Council.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN.

We are faced here with a possible statutory conflict between definitions in the Pennsylvania Prevailing Wage Act1 (Wage Act), which make that act applicable only to "public bodies" using "public funds," and a mandate in Section 1715 A(10)(iii) of the Charter School Law,2 that requires the Wage Act to be applied to "construction projects and construction-related work" for charter schools...

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