STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KERMIT R. KRUGER, )

)

Petitioner, )

)

vs. ) CASE NO. 77-290

)

STRUCTURAL STUD PRODUCTS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the above styled cause in Courtroom No. 5, Room 386, 3rd Floor, Hillsborough County Courthouse, Tampa, Florida, at 9:00 A.M. on May 13, 1977, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This hearing came on to be heard upon a complaint by Kermit R. Kruger that Structural Stud Products failed to pay Kruger the prevailing hourly wage as a steel worker during his employment by Structural Stud Products on the Fine Arts Building of Hillsborough Community College in Ybor City, Florida.

APPEARANCES

For Petitioner: Mr. Kermit R. Kruger

appeared in his own behalf

For Respondent: Harrison Thompson, Esquire

Post Office Box 3324 Tampa, Florida 33601

FINDINGS OF FACT

1. Kermit R. Kruger was employed on or about October 5, 1976 by Structural Stud Products at an hourly wage rage of $6.15 per hour. According to his testimony he was engaged primarily in welding on this job. He was involved in installing steel wall stud units made from 12 to 16 gauge steel in the Fine Arts Building of Hillsborough Community College. Although his primary function was as a welder, he did assist in loading and moving these wall units from the point where they were unloaded on the job site to where they were put in place.

   
   

2. Structural Stud Products is a company primarily engaged in the fabrication of steel wall units. They had entered a contract with the general contractor to provide such units for installation in the Fine Arts Building. Shortly after interior construction began, the dry wall subcontractor who was installing these units abandoned this project. Structural Stud Products took over this contract and not only supplied the materials but installed these units. Kermit Kruger was hired by the job supervisor and plant manager to assist in the installation of these units. He was hired as and was paid wages as a laborer.

3. According to the Schedule of Prevailing Wage Rates applicable to the construction of the Fine Arts Building at Hillsborough Community College, welders were to receive the prescribed rate for the craft performing the operation to which the welding was incidental. See Schedule of Prevailing Wage Rates.

   
   

4. No evidence was received that the installation of steel wall units requires any specific expertise peculiar to any building trade. Testimony was received that such units are installed by carpenters, dry wall installers, and laborers.

   
   

   CONCLUSIONS OF LAW

   
   

5. The burden falls upon the complainant to show that he was not paid in accordance with the prevailing wage standards.

   
   

6. The Petitioner failed to present any direct evidence regarding the amount of the contract for the Fine Arts Building. However, a Schedule of Prevailing Wage Rates was introduced which was prepared by the Department of Commerce. This would indicate that the contract was in excess of $5,000 and therefore subject to the provisions of Section 215.19, Florida Statutes.

   
   

7. Welders were to be paid the wages for the craft for which the welding was incidental.

   
   

8. Light gauge steel stud sections are commonly installed by dry wall, contractors, carpenters, and laborers. The installation of these sections takes no specific expertise peculiar to any building trade. The primary effort in installation of these preconstructed units is moving them from the point where they are unloaded on site to the place they are to be installed. While in many instances they may require cutting and welding to fit, this is definitely incidental to their installation. In this instance, the subcontractor hired Kruger as a laborer, Kruger worked as a welder installing the units, and was paid as a laborer. Laborers were paid $6.15 per hour.

   
   

9. No evidence was introduced that the installation of such sections is peculiarly related to steel work.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the complaint be dismissed.

DONE and ORDERED this 2nd day of June, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building

2009 Apalachee Parkway

Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1977.

COPIES FURNISHED:

Harrison C. Thompson, Esquire Post Office Box 3324

Tampa, Florida 33601

Mr. Kermit R. Kruger

160 East Floribraska Avenue Tampa, Florida 33603

Mr. Luther J. Moore Department of Commerce Division of Labor

1321 Executive Center Drive East Tallahassee, Florida 32301

Docket for Case No: 77-000290

Orders for Case No: 77-000290