STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROYCE J. POMBRIO, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2419

)

SANIER CONSTRUCTORS, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its undersigned Hearing Officer, held a public hearing in this case on March 2, 1979, in Tampa, Florida.

APPEARANCES

Royce J. Pombrio, 643 Dogwood Court, Dunedin, Florida 33528, appearing in proper person; Boyd Walters, appearing on behalf of C.P.M., Inc. 1/ No representative of Sanier Constructors, Inc., appeared at the hearing.

ISSUE

Whether or not Sanier Constructors, Inc., by its officers and/or agents or other representatives, failed to pay the Petitioner the prevailing wage rate as set forth and defined in Chapter 215.19, Florida Statutes, as alleged.

FINDINGS OF FACT

1. Royce J. Pombrio was employed as a sheet metal mechanic by C.P.M., Inc., an electrical subcontractor performing work for Sanier Constructors, Inc., on the construction of the Police Headquarters Complex for the City of St. Petersburg (C.P.M. Job No. 144). The prevailing wage rate for sheet metal mechanics performing similar work in the City of St. Petersburg is $9.56 per hour.

   
   

2. As stated, Royce J. Pombrio, Petitioner, was employed by C.P.M., Inc., in June of 1977. Mr. Bobby R. Habgood, also an employee of C.P.M., served as Project and Acting Field Superintendent during the periods in question. Mr. Habgood credibly testified that the Petitioner performed superintendent's work during his (Habgood's) absence and that he recommended Petitioner for the sheet metal mechanic's position. Mr. Habgood credibly testified that Petitioner supervised two helpers and that the type of work performed by Petitioner was not the kind of work helpers were capable of performing as contended by Boyd Walters, the comptroller for C.P.M.

   
   

3. Documentary evidence introduced into evidence revealed that during the period June 17, 1977, through October 28, 1977, Petitioner was paid an hourly wage of $5.75. During the period October 27, 1977 (approximately), through

   January 27, 1978, Petitioner was paid approximately $6.25 per hour and from the period of January 27, 1978, through June 17, 1978, Petitioner was paid an hourly wage of approximately $6.50 per hour. These total wages, when contrasted against the prevailing hourly wage rate of $9.56 per hour, result in a deficit of approximately $5,308.38.

   
   

4. Based on the testimony of Petitioner Pombrio, the corroborative testimony of Messrs. Habgood and Donald Cochran, who was also employed by C.P.M. as a Superintendent and Project Manager, I conclude that the Petitioner was in fact performing sheet metal mechanic duties and as such was entitled to be paid the prevailing hourly wage rate of $9.56 per hour. I shall so recommend.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were noticed pursuant to the notice provisions of Chapter 120.57, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to establish that the Respondent, Sanier Constructors, Inc., by its agent (subcontractor), C.P.M., Inc., failed to pay the Petitioner, Royce J. Pombrio, the prevailing hourly wage rate for sheet metal mechanics as set forth and defined in Chapter 215.19(3)(a)1, Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby,

That the Respondent, Sanier Constructors, Inc., by and through its agent/subcontractor, C.P.M., Inc., pay the Petitioner the sum of Five Thousand Three Hundred Eight Dollars and Thirty-Eight Cents ($5,308.38), which amount represents the difference in the amount Petitioner should have been paid according to the prevailing wage rate schedule and the actual hourly wages he in fact received while employed as a sheet metal mechanic for C.P.M., Inc.

RECOMMENDED this 16th day of March, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

101 Collins Building

MAILING ADDRESS: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTE

1/ C.P.M., Inc., was an electrical subcontractor of Sanier Constructors, Inc.

COPIES FURNISHED:

Royce J. Pombrio 643 Dogwood Court

Dunedin, Florida 33528

Sanier Constructors, Inc. Post Office Drawer 1141 1410 Eighth Avenue, East Bradenton, Florida 33506

Luther J. Moore

Administrator of Prevailing Wage Department of Labor and Employment Security

1321 Executive Center Drive, East Tallahassee, Florida 32301

Docket for Case No: 78-002419

Orders for Case No: 78-002419