Legal Opinion
Gracey v. International Brotherhood of Electrical Workers, Local Union No. 1340
Court of Appeals for the Fourth Circuit
Decided March 1, 1989No. 88-3074PublishedCited by 3 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
In this case we must determine if the Service Contract Act, 41 U.S.C. §§ 351-58 (1987), permits the Secretary of Labor to set aside the wage and benefit provisions of a collective bargaining agreement if they are less than the prevailing rate in the locality for similar work. The district court held that the Act does not provide the Secretary authority to set aside the plain terms of a collective bargaining agreement, where the agreement provides for wages and benefits above or equal to those of its predecessor. We believe that the district court’s interpretation of…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Leedom v. KyneSupreme Court of the United States · 1958
- Stafford v. BriggsSupreme Court of the United States · 1980
- Trinity Services, Inc., a Florida Corporation v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1978
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3Cited by3 opinions
- Scheibler v. Highmark Blue ShieldCourt of Appeals for the Third Circuit · 2007
- Gracey v. International Brotherhood Of Electrical Workers, Local Union No. 1340, Afl-CioCourt of Appeals for the Fourth Circuit · 1989
- Sikora v. UPMCDistrict Court, W.D. Pennsylvania · 2015