[Download] "Texas Highway Commission Et Al v. El Paso Building and Construction Trades Council" by Supreme Court of Texas * Book PDF Kindle ePub Free

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eBook details

• Title: Texas Highway Commission Et Al v. El Paso Building and Construction Trades Council
• Author : Supreme Court of Texas
• Release Date : January 29, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

This suit was brought in the District Court of Travis County March 9, 1950, by respondent against the Texas Highway Commission and the Chief Engineer of the Commission seeking an injunction against the petitioners to enjoin the letting by petitioners of a contract for a certain public works in the City of El Paso, Texas, and designated "Main Street Overpass" until Petitioner, State Highway Commission, should properly and correctly determine the "prevailing rate of per diem wages * * * * for each craft or type of workman or mechanic needed to execute the contract", and so specify such wage rate in the call for bids and in the contract. Summarized, the respondent alleged that it was a voluntary unincorporated association of more than 2800 craftsmen and laborers who live and work in El Paso, Texas, or vicinity and that it was an affiliate of the American Federation of Labor existing "for the purpose of maintaining and improving the wages and working conditions of craftsmen and laborers in El Paso, Texas, and vicinity." It alleged the duty of the Highway Commission to ascertain the prevailing rate of per diem wages, etc. under the provisions of Acts, 43rd Leg., Reg. Sess. (1933) p. 91, published in Vernons Civil Statutes as Art. 5159a, and Vernons Ann. Penal Code, Art. 1581a. The complaint alleged in substance that the Highway Commission had declared a prevailing wage rate of 75 cents per hour for common laborers to $1.65 per hour for certain skilled labor for this job, but that such determination by the Highway Commission was erroneous in that the rate was actually 85 cents per hour for common labor to $2.50 per hour for certain skilled labor, as was shown by an exhibit attached to the complaint. It was further alleged that the purported wage rate determination (1) has no basis in fact, (2) constituted a gross abuse of discretion and was unlawful and void, because (a) the determination as made did not cover the "locality" of the City of El Paso, but covered a much wider territory, (b) was not based on facts but arbitrarily made without relation to the wages actually prevailing in the El Paso locality, (c) wholly ignored relevant data which had been presented by respondent to petitioners in a hearing held by petitioners on such "prevailing wage" January 26, 1950, and after protest by petitioners to respondent and a request for such hearing, to wit (A) The El Paso City Council, the Commissioners Court of El Paso County, and the Secretary of Labor of The United States had determined the prevailing wage rate as contended for by respondent, (B) the rate actually being paid at the time on highway underpass and bridge construction in the locality, (C) current data from the Texas Employment Commission and affidavits from contract construction employers in the locality.

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