Adams County Interfaith Housing Corp. v. Prevailing Wage Appeals Board

DISSENTING OPINION BY

Judge BUTLER.

I respectfully disagree with the majority’s holding that “an error has occurred in this case and that at a minimum the Court should vacate the Board’s order and remand this matter for the Secretary to explain adequately the basis for his refusal *360to promulgate a wage rate classification for Residential Construction under the [Pennsylvania Prevailing Wage] Act [ (Act) 1] or to apply Davis-Bacon residential rates to the project.”

Initially there is no justification for defaulting to the Davis-Bacon rates when Davis-Bacon clearly does not apply. There is no…