Industrial Commission v. C & D Pipeline, Inc.

OPINION

WREN, Presiding Judge.

This appeal and cross appeal raise the constitutionality of A.R.S. § 34-324(A) of the Arizona Public Works Act, A.R.S. § 34-321, et seq., better known as the “Little Davis-Bacon Act.” The questioned statute charges the Industrial Commission with the responsibility of setting a general prevailing rate of per diem wages which contractors on state public works projects must pay their employees.

The appellants and cross-appellees, the Industrial Commission of Arizona, Harry G. Kelley and O. E. Eagleton (Commission) have challenged; (1) the jurisdiction of the superior…