Winzler & Kelly v. Department of Industrial Relations

Defendants Department of Industrial Relations and Donald Vial, the director of the department (appellants) appeal from an adverse judgment rendered in an action brought for writ of mandate and related relief..

The Facts

The Director of the Department of Industrial Relations (hereafter director or department) was asked by an employer group, representing local awarding bodies, whether surveyor classifications were covered under the prevailing wage laws. On May 26, 1977, the director issued a determination that field surveying is performed by the type or classification of worker (certified chief of party, chief of party, rodman/ chairman and instrumentman) intended to be covered by the act. (Lab. Code, § 1772.) The coverage determination of the director was made in a letter dated the same day, addressed to Paul L. Schoch of HoganSchoch & Associates, Inc. (Hogan-Schoch) and signed by Christine Curtis on behalf of the director. The trial court found that, although contained in a letter addressed to a specific firm, the coverage determination of May 26, 1977, had a statewide impact which necessarily applied to all public entities letting contracts for public works and all…