Is Off-Site Fabrication of Materials Used in a Public Building Subject to Ohio ‘Prevailing Wage’ Law?
Sheet Metal Workers’ International Association, Local Union No. 33 v. Gene’s Refrigeration, Heating & Air Conditioning, Inc., Case no. 2008-0780 9th District Court of Appeals (Medina County) ISSUES: • Does Ohio’s “prevailing wage” law require a contractor to pay prevailing wages to an employee who works in an off-site production shop that fabricates metal ducting that is subsequently installed in a public works project? • When a single worker authorizes a union to file an “interested party” complaint against a contractor alleging that work on a public project was not paid at the prevailing wage, does the union have standing to represent only the worker who authorized the representation, or does it have standing to assert claims on behalf of all workers in all trades who worked on the project? BACKGROUND: Ohio’s “prevailing wage” law, set forth in Ohio Revised Code Sections 4115.03 through 4115.16, generally requires that workers employed in the construction of government buildings and
Sheet Metal Workers’ International Association, Local Union No. 33 v. Gene’s Refrigeration, Heating & Air Conditioning, Inc., Case no. 2008-0780 9th District Court of Appeals (Medina County) ISSUES: • Does Ohio’s “prevailing wage” law require a contractor to pay prevailing wages to an employee who works in an off-site production shop that fabricates metal ducting that is subsequently installed in a public works project? • When a single worker authorizes a union to file an “interested party” complaint against a contractor alleging that work on a public project was not paid at the prevailing wage, does the union have standing to represent only the worker who authorized the representation, or does it have standing to assert claims on behalf of all workers in all trades who worked on the project? BACKGROUND: Ohio’s “prevailing wage” law, set forth in Ohio Revised Code Sections 4115.03 through 4115.16, generally requires that workers employed in the construction of government buildings and
