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TEAMSTERS JOINT COUNCIL NO. 10 v. DIRECTOR OF THE DEPT. OF LABOR AND WORKFORCE DEVELOPMENT

447 Mass. 100 (2006)

TEAMSTERS JOINT COUNCIL No. 10 & others v. DIRECTOR OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 23, 2006.

Attorney(s) appearing for the Case

Mark D. Nielsen, Special Assistant Attorney General (Kathryn B. Palmer, Special Assistant Attorney General, with him) for Department of Labor & another.

John D. O'Reilly, III, for Palmer Paving Corporation & others.

Paul F. Kelly for the plaintiffs.

Richard D. Wayne & Willard Krasnow, for Utility Contractors Association of New England, Inc., & others, amici curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

In 2001, the defendant businesses and organizations challenged a 1993 Department of Labor and Industries (department)3 policy, applicable to public construction contracts, that the prevailing wage law, G. L. c. 149, §§ 26-27F, covered the time spent by truck drivers hauling bituminous concrete4 to and from the construction site (road time). The...

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