West Virginia: Court denies prevailing wage appeal

By The Register-Herald

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According to The Register-Herald:

Father Thomas Acker of Forward Southern West Virginia says he appreciates Raleigh County Circuit Judge H.L. Kirkpatrick’s timely ruling on an appeal he filed regarding the state’s prevailing wage law, but he doesn’t agree with the judge’s ruling.

Kirkpatrick said in his ruling Monday that “... the court has concluded that there is no basis for reversing the commissioner’s final order.”

Acker took the matter before the state Division of Labor, which ruled its method for calculating the state’s prevailing wage was correct.

Acker, however, feels the method used is unprofessional, discretionary and an abuse of power.

“I think Judge Kirkpatrick ruled exclusively on the Hardy case,” Acker said. “He didn’t address the abuse of discretion, which is the heart of the case.”

Acker and the Division of Labor appear to agree on one thing — the state’s prevailing wage law is a good piece of legislation.

“I don’t have anything against the prevailing wage law,” Acker said. “I just disagree with the manner in which they investigate and then fix the fair minimum wage for public projects in West Virginia.”

Acker says the current prevailing wage method impacts many workers across the state...click to continue.

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