Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: June 6, 2001

Butler Balancing Company, Inc. (Butler) appeals from an October 3, 2000 order of the Department of Labor and Industry, Prevailing Wage Appeals Board (PWAB) granting the exceptions of Intervenor Sheet Metal Workers International Association Local No. 19 (Union) to the Hearing Examiner’s Proposed Report and sustaining the Union’s grievance.

The grievance at issue here arises out of work done in autumn 1992/winter 1993 on a new Chester County Government Services Center (Project). The Project itself was a “public work” subject to the Prevailing Wage Act (PWA). *fn1 On October 24, 1991, the County of Chester (County) entered into a “Trade Contract” with the Farfield Company (Farfield), retaining Farfield to perform the Project’s mechanical work, which included installation of the heating, ventilating and air conditioning (environmental or HVAC) systems. (See Stipulation of Facts, Nos. 1, 3.) In turn, on November 12, 1991, the mechanical contractor, Farfield, engaged Butler, *fn2 a corporation in the business of testing and balancing air and water systems, as a subcontractor to perform testing, adjusting and balancing work (TAB work) for the HVAC systems at the Project. (See Stipulation of Facts, Nos. 12, 33.) The specifications for the Project’s TAB work were similar to those found in bid and construction documents for most new buildings. (See Stipulation of Facts, No. 23.) Pursuant to the subcontract, Butler intermittently engaged in onsite work at the Project between September of 1992 and April of 1994, doing TAB work for approximately twenty-six air-handling and exhaust systems that had been installed by Farfield and other subcontractors. (Stipulation of Facts, Nos. 34, 36.) TAB work on HVAC systems is an integral part of the construction of a new office building such as the Project; in fact, buildings are not turned over to the owners for occupancy until the testing, adjusting and balancing of the building’s environmental systems are complete and their proper operation assured. (See Stipulation of Facts, Nos. 23, 25.)

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.

Learn More

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...

Apply Now ›

Labor and Employment Junior Associate

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...

Apply Now ›

San Francisco Labor and Employment Associate

Duane Morris LLP has an immediate opening for a mid-level, highly motivated associate to join its dynamic and growing Employment, Labor, Ben...

Apply Now ›

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023

View Announcement ›

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP

Daily Business Review

Congratulations to our Partner Richard Segal on becoming Chairman of the Miami Beach Chamber of Commerce

View Announcement ›

Krupnick Campbell Malone, et al, P.A.

Daily Business Review

WE'RE MOVING! November 30, 2023

View Announcement ›