Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-04
Bacon-Davis Act Wrongly Ap-
piled on Veterans Hospital
Jobs, Hines Advised.
RULING AR-REACHING
IN ITS IMPORTANCE
Road Work and Painting Not
Within Prevailing Wage
Stipulation, Is View.

Sharply restricting the application of
the Bacon-DaviS act, Controller Gen
eral McCarl has warned Government
agencies that the prevailing wage stip-
ulation" should not be included in any
Government contracts except those for
the construction, alteration or repair Of
public buildings as authorized by law"
In decision of far-reaching impor-
lance. rendered to Gen. Frank T.
Hines, administrator of veterans af.
fairs. McCarl held that the Veterans
Administration had erred in including
the prevailing wage stipulation in two
contracts which already are under OPP
Grafton on two veterans hospitals at
Bedford. Mass, for exterior painting,
and at Jefferson Barracks. Mo, for road
improvement. The contractors in these
instances, McCarl held, should not have
been required to pay the prevailing
wage OF those communities, under the
Bacon Davis law.
McCarl told Gen. Hines that the law
contains specific statutory authority
for inclusion Of such a provision in con-
tracts for the construction, alteration
and repair of any public building and
1t would seem to be too clear for argu-
ment that the painting of an existing
public building and the construction Of
a road is not the construction. alter
alton or repair Of any public building"
Precaution is Advised.
Hereafter" said McCarl, in the con-
clusion of his decision. care should be
exercised to see that the prevailing
wage stipulation is not contained in
any contracts except those specified by
the law"
The veterans contracts were allowed
to stand. but Gen. Hines was warned
that in the future the prevailing wage
stipulation should be applied only to
those projects mentioned in the law,
construction, alteration and repair Of
any public building"
This decision by McCarl has aroused
much interest particularly in view Of
several questions arising here in con-
nection with the prevailing wage law.
One case here, it was said in Official
circles. the painting job on the Internal
Revenue Building is very similar to the
painting Job in Massachusetts, where
McCarl held the Government had no
right under the law to exact the pre-
vailing wage.
The paint job at the Internal Rev
enue Bureau is on the interior plaster
work. and brought the first major de-
cision by Secretary of Labor Doak in
administration of the act here. Doak
ruled that the contractor. the Alliance
Construction Co. of New York, must
pay $11 a day to painters, which ID
the same as the union scale. The con-
tractor represented here by Herman
Morris, disputed the right Of the Gov
eminent to make him pay a higher
scale after he had started work. but
Morris finally began payment OF the
union scale as of August 81. he said.
He Is protesting. however, and intends
to take some kind of action against
the Government later it is understood.
Internal Revenue Paint Job.
Onicials studying the McCarl de-
cision to Gen. Hines were inclined to
believe that the McCarl decision might
be said to hold in the case of the In
ternal Revenue paint job. contrary to
the decision Of Secretary Of Labor Doak.
but up to last night no official action
had been taken by any Of the various
Government agencies involved to
straighten out the matter.
Morris, the painter in charge OF the
Internal Revenue job, commended that
the Government had no right to ask for
bids. grant him the contract as low
bidder, and then force him to pay a
higher wage than he had figured on In
his bidding
Rising antagonism to the Bacon
Davis acts administration on this point
recently found expression from ASso-
ciated General Contractors, who an
nounced that they will make fight
in Congress TO amend the law so that
the Government contracting agency will
have to publish wage rates required,
prior to or along with the asking of
bids. This would enable the contractor
to know just what his wage costs would
be in any particular community.
At suggestion of Secretary of Labor
Doak the District Commissioners re-
Gently took action to place into effect
the union wage scale in its contracts
which fall within the Bacon-Davis law.
Road and Paint Contracts.
The Veterans Bureau contracts
which brought about the decision by
Controller General McCarl were let to
the Shrainka Construction Co. for con-
Structing a road at Jefferson Barracks,
Mo-, IN the sum Of $5.202.2o. and to
the Pittsburgh Sheeting & Painting Co.,
Inc, in the sum Of $1,000 for exterior
painting Of the Veterans Hospital at
Bedford, Mass. These contracts will
not be disturbed by the Controller
General, but he warned against includ-
ing the prevailing wage scale Stipula-
ton in any more such contracts.
Last-minute efforts were made to
amend the Bacon-Davis wage law to q
include the publishing Of prevailing
wages which would be required. but at
the last hours of the closing session OF
Congress it was decided to leave out
any attempts to amend, as they might
imperil passage of the law before Con-
gress adjourned The bill was signed
by the President March 3, 1881.