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11/21/88 Robert Gray Et Al., D/B/A v. the Department of Labor

November 21, 1988

ROBERT GRAY ET AL., D/B/A GRAY'S MATERIAL SERVICE, PLAINTIFFS-APPELLANTS

v.

THE DEPARTMENT OF LABOR, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

531 N.E.2d 32, 176 Ill. App. 3d 285, 125 Ill. Dec. 853 1988.IL.1687

Appeal from the Circuit Court of Kankakee County; the Hon. Patrick M. Burns, Judge, presiding.

APPELLATE Judges:

JUSTICE SCOTT delivered the opinion of the court. BARRY and WOMBACHER, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT

This is an appeal from the circuit court of Kankakee County which affirmed a decision of the defendant, Illinois Department of Labor, which found the plaintiffs, Robert Gray and John Gray, d/b/a Gray's Material Service, guilty of violating certain provisions of "An Act regulating wages of laborers . . ." (Illinois Prevailing Wage Act or Act) (Ill. Rev. Stat. 1985, ch. 48, pars. 39s-1 through 39s-12) and which further ordered the plaintiffs debarred from any public work contracts for a period of two years.

The factual situation which resulted in this litigation discloses that Gray's Material Service was a partnership owned and operated by Robert Gray and John Gray. The plaintiffs, Robert and John Gray, had been doing business for some 20 to 25 years. The bulk of the work performed involved public work projects consisting of oil and chip work.

In the summer of 1985, the Grays were awarded three public works contracts in Kankakee County. While performing work required by these contracts the defendant, Illinois Department of Labor (Department), pursuant to a complaint received, conducted an investigation of alleged violations by the Grays of the Illinois Prevailing Wage Act. Specifically, the defendant Department charged that the Grays had failed to pay their employees the prevailing wages and overtime as required by the contracts awarded to them by Kankakee County and that the Grays had maintained false and incorrect records of their employees' hours and wages.

As heretofore noted, the defendant Department's charges were upheld in an administrative hearing and the decision was affirmed by the circuit court of Kankakee County.

The plaintiffs raise several issues in this appeal, the first being that the defendant Department's decision to debar plaintiffs from public works contracts for a period of two years is against the manifest weight of the evidence.

In addressing this issue it is necessary to set forth some of the evidence adduced at the administrative hearing. It is not disputed that the contracts awarded the Grays contained the following provisions:

"The contractor will be required to pay all laborers, workmen, and mechanics performing work under this contract a rate of pay which is not less than the prevailing wage rate as found by the Kankakee County Board or the Department of Labor, or as determined by the court on review."

Nor is it disputed that on July 10, 1984, the Kankakee County board adopted a resolution which established the prevailing hourly wage rates and other employee benefits that were in effect on the dates when the contracts were awarded to the plaintiffs, Robert and John Gray.

The plaintiffs employed power broom operators, roller operators, and drivers of semis and single axle trucks, distributors and chippers in order to oil and resurface the public roads set forth in ...


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