Gracey v. International Brotherhood of Electrical Workers, Local Union No. 1340

The majority concludes that § 4(c) of the McNamara-O’Hara Service Contract Act (the Act), 41 U.S.C. § 353(c), provides for downward adjustments of wages alone— that is, for administrative abrogation of the express terms of a collective bargaining agreement only where the agreement provides for wages which substantially exceed those paid in the local community for similar services. The substance of the court’s holding, then, is that the statute’s wage adjustment mechanism permits only adjustments that favor employers. I am persuaded, however, that on this point the language of § 353(c) is…