Borough of Youngwood v. Pennsylvania Prevailing Wage Appeals Board

OPINION

Justice McCAFFERY.

In this appeal by the Borough of Youngwood (Appellant), we are asked to determine whether Appellant’s public works project, which in substantial part consisted of resurfacing portions of five borough streets in addition to other street-related work, is subject to the prevailing minimum wage requirements of the Prevailing Wage Act (Act). 1 We conclude that it is and therefore affirm the order of the Commonwealth Court.

Section 5 of the Act, 43 P.S. § 165-5, requires payment of the prevailing minimum wage 2 for “public work.” “Public work” is defined as:

construction,…