Hotel Ass'n of Washington v. District of Columbia Minimum Wage & Industrial Safety Board

(dissenting) :

In upholding a wage order increasing the minimum rate of wages for hotel, restaurant, and apartment employees, from $1.60 to $2.25, the majority opinion — in my view — has written out of the D.C. Minimum Wage Act (D.C.Code 1973, §§ 36-401 to 36-419) an explicit provision depriving the Board of any authority whatsoever to raise the statutory wage floor in this industry. As I deem such provision disposi-tive of the case, I would set aside the challenged order on the ground that its issuance was beyond the scope of Board jurisdiction, thus making it unnecessary to pass upon…