SBCTC to Appeal Vista Case
SBCTC Will Appeal Vista Case to California Supreme Court Fight For Prevailing Wage to Continue
April 30, 2009 - Following the ruling by a sharply divided state court of appeal that the City of Vista - because it is a charter city - is not required to pay prevailing wages on public construction projects, the State Building and Construction Trades Council announced plans to appeal the decision to the California Supreme Court.
The majority in the 2-1 decision ruled that the city's prevailing wage policy was not a matter of statewide concern, and that Vista was therefore able to choose not to pay prevailing wage, contrary to state law.
Dissenting Justice Joan Irion sharply disagreed, quoting at length SBCTC President Bob Balgenorth, who argued that prevailing wage is a matter of statewide concern, because the city's substandard wages and benefit creates downward pressure on wages and benefits throughout the labor-market area.
Justice Irion's view is consistent with the unanimous ruling of three appellate judges in a prevailing wage decision involving the city of Long Beach.
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