U.S. DEPARTMENT OF LABOR DB Wage Determination & 

PREVAILING WAGE RESOURCE BOOK 2010 Conformance APPEALS 

 APPEALS

REGARDING DAVIS-BACON 

 WAGE DETERMINATIONS AND CONFORMANCE ACTIONS
U.S. DEPARTMENT OF LABOR DB Wage Determination & 

PREVAILING WAGE RESOURCE BOOK 2010 Conformance APPEALS 

 APPEALS REGARDING DAVIS-BACON WAGE 

 DETERMINATIONS & CONFORMANCE ACTIONS

 REGULATIONS, 29 CFR PART 7, EXCERPTS
U.S. DEPARTMENT OF LABOR DB Wage Determination & 

PREVAILING WAGE RESOURCE BOOK 2010 Conformance APPEALS 

1

APPEALS REGARDING DAVIS-BACON 

WAGE DETERMINATIONS & CONFORMANCE ACTIONS

1. Has DOL made an initial decision in the matter? This can be: 

 ◊ An existing published wage determination 

 ◊ A survey underlying a wage determination 

 ◊ A letter stating a DOL position 

 ◊ A conformance ruling 

 

2. If the answer is no, then there is no appropriate action to appeal. 

 On survey-related maters, initial contact, including requests for summaries of surveys, 

should be with the Wage and Hour Regional Office for the area in which the survey 

was conducted. The Regional Offices have responsibility for the Davis-Bacon survey 

program. If the response from this initial contact is not satisfactory, then the process 

described in steps 3 and 4, below, should be followed. 

3. If the answer is yes, then an interested party may request review and reconsideration

from the WHD Administrator. 29 CFR 1.8 & 29 CFR 5.13. Write to: 

U.S. Department of Labor 

Wage & Hour Administrator 

200 Constitution Avenue, N.W. 

Washington, D.C. 20210 

The request should be accompanied by a full statement of the interested party’s 

position and any information (wage payment data, project description, area practice 

material, etc.) that the requestor considers relevant to the issue. 

4. If the decision of the Administrator is not favorable, an interested party may appeal 

directly to the Department’s Administrative Review Board. See 29 CFR Part 7. 

4. All decisions by the Administrative Review Board are final. 

6. The Administrative Review Board’s telephone number is (202) 693-6200, and their 

website is at http://www.dol.gov/arb/. 

 Decisions of the Administrative Review Board (and the former Wage Appeals Board) 

are available in the OALJ Law Library’s “DBA/SCA Collections” at: 

http://www.oalj.dol.gov/libdba.htm. 
U.S. DEPARTMENT OF LABOR DB Wage Determination & 

PREVAILING WAGE RESOURCE BOOK 2010 Conformance APPEALS 

2

REGULATIONS, 29 CFR PART 7, EXCERPTS

“Section 7.2 Who may file petitions for review [of wage determinations]. 

 (a) Any interested person who is seeking a modification or other change in a wage 

determination under Part 1 ... and who has requested the administrative officer 

authorized to make such modification or other change under Part 1 and the request has 

been denied, after appropriate reconsideration shall have a right to petition for review of the 

action taken by that officer. 

 (b) For purpose of this section, the term “interested person” is considered to include, 

without limitation: 

 (1) Any contractor, or an association representing a contractor, who is likely to seek or to 

work under a contract containing a particular wage determination, or any laborers or 

mechanic, or any labor organization which represents a laborer or mechanic, who is likely to 

be employed or seek employment under a contract containing a particular wage 

determination, and, (2) Any Federal, State, or local agency concerned with the administration 

of a proposed contract or contract containing a particular wage determination issued pursuant 

to the Davis-Bacon Act or any of its related statutes.” 

“Section 7.9 Review of decisions in other proceedings. 

 (a) Any interested person who is seeking a modification or other change in a wage 

determination under Part 1 of this subtitle and who has requested the administrative 

officer authorized to make such modification or other change under Part 1 and the 

request has been denied, after appropriate reconsideration shall have a right to petition 

for review of the action taken by that officer. 

 (b) For purpose of this section, the term “interested person” is considered to include, 

without limitation: 

 (1) Any contractor, or an association representing a contractor, who is likely to seek or to 

work under a contract containing a particular wage determination, or any laborer or 

mechanic, or any labor organization which represents a laborer or mechanic, who is likely to 

be employed or seek employment under a contract containing a particular wage 

determination, and (2) Any Federal, State, or local agency concerned with the administration 

of a proposed contract or contract containing a particular wage determination issued pursuant 

to the Davis-Bacon Act or any of its related statutes.” 

(Emphases added)