complete substantive rulemaking on the helper rules.
F. The Plaintiffs' Claim under the Davis Bacon Act Must Be Dismissed.
The Davis Bacon Act requires that the advertised specifications for each federal construction project in excess of $ 2,000 contain minimum wage provisions for each class of laborer and mechanic based upon prevailing wages in the locality of performance as determined by the Secretary of Labor. While it may be true, as the plaintiffs argue, that "it is the Department's statutory responsibility to issue wage determinations for all classes of laborers and mechanics which 'prevail' in every locality where they do prevail," the Department has broad discretion to recognize and define the various classes of workers for whom the prevailing wage must be determined. See Bldg. & Constr. Trades Dep't, 295 U.S. App. D.C. 182, 961 F.2d 269, 271. (recognizing the Secretary of Labor's "broad statutory mandate to set wages and classify workers").
Accordingly, the Department has broad discretion to recognize and define the helper classification, and nothing in the Davis Bacon Act requires the Department to adopt a particular helper definition. See Building & Construction Trades' Dep't, AFL-CIO v. Donovan, 229 U.S. App. D.C. 297, 712 F.2d 611, 626 n.9 (D.C. Cir. 1983) ("The long-held view of the Secretary and the legislative history of the statute taken as a whole persuade us to agree that the Secretary is empowered to recognize at least some form of semiskilled classification."); Bldg. & Constr. Trades' Dep't, AFL-CIO v. Martin, 961 F.2d at 275 ("The Secretary of Labor's statutory authority does not require task-oriented definitions [of helpers].").
As noted above, the defendants have not abused their discretion in postponing the effective date of the revised helper regulations and continuing its longstanding practice regarding helpers, which is to approve a helper classification only if it is "a separate and distinct class of worker that prevails in the area, the duties of which can be differentiated from the duties of journeylevel workers." 58 Fed. Reg. 58954. This Court cannot conclude that this helper definition (which eventually may be superseded by the one the plaintiffs prefer) "bears no relationship" to, or "defeat[s] the purpose of,"
the Davis Bacon Act, especially because, except for a 20-month period in 1992 and 1993, the current helper classification has been the Department's practice for decades.
For all the foregoing reasons, the plaintiffs' motion for summary judgment is denied, and the defendants' motion for summary judgment granted. The plaintiffs are not entitled to injunctive or declaratory relief, and their complaint shall be dismissed.
July 23 1997
UNITED STATES DISTRICT JUDGE
ORDER and JUDGMENT
For the reasons stated in the Court's Memorandum Opinion of the same date, it is, by the Court, this 23 day of July, 1997,
ORDERED that Alexis Herman Secretary of Labor, and John Fraser, acting Wage and Hour Administrator of the Department of Labor, are hereby substituted as party defendants pursuant to Fed. R. Civ. P. 25(d)(1); and it is
FURTHER ORDERED that the plaintiffs' motion for summary judgment is DENIED; and it is
FURTHER ORDERED that the defendants' motion for summary judgment is GRANTED; and it is
FURTHER ORDERED that the Clerk shall dismiss the above-captioned case from the docket of this Court.
July 23, 1997
UNITED STATES DISTRICT JUDGE