Rea

Sheet Metal Workers International Ass'n, Local Union No. 104 v. Rea

Good Law
153 Cal. App. 4th 1071·2007 Cal. App. LEXIS 1262·63 Cal. Rptr. 3d 672·12 Wage & Hour Cas.2d (BNA) 1513
Court of Appeal of CaliforniaJuly 30, 2007No. A114636California5,878 words

Opinion

lead Opinion

Reardon, J.

Appellant Sheet Metal Workers International Association, Local Union No. 104 (union) filed an action for mandate, administrative mandate and declaratory relief challenging a decision of respondent John M. Rea, as Acting Director of the Department of Industrial Relations (DIR), interpreting California’s prevailing wage law in favor of respondent Solano County Roofing, Inc. (SCR). (See Lab. Code, 1 §§ 1770-1781.) The trial court sustained demurrers on all causes of action, finding that the union’s action was barred for several reasons, including its failure to exhaust its administrative remedies. The union appeals the subsequent judgment dismissing its petition, 2 challenging inter alia the trial court’s finding that the action was *1075 barred because the union failed to exhaust its administrative remedies. 3 (See former § 1742; § 1773.4; Code Civ. Proc., §§ 1060, 1086, 1094.5.) We affirm the judgment.

I. FACTS

The Director of the state DIR determines the general prevailing rate of per diem wages for each craft, classification or type of worker needed to execute public works contracts. (§§ 1770, 1771, 1773.) These prevailing rates vary depending on where the work is…

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