North Star Industries, Inc. v. Robert B. Reich

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NORTH STAR INDUSTRIES, INC., Plaintiff-Appellant, v. Robert B. REICH, Defendant-Appellee. No. 93-35989. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1995. Decided Oct. 2, 1995. Before: SCHROEDER, REINHARDT, AND FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The question raised by this appeal is whether or not North Star Industries' payment of apprentice wages to seven sheet metal workers on a federal construction project governed by the Davis-Bacon Act was lawful, when the workers were neither certified nor registered as apprentices or as persons eligible for probationary employment as apprentices. 3 The Department of Labor, which is charged with enforcing the Davis-Bacon Act, asserted that North Star violated the act by paying the workers at the apprenticeship wage of $6.41 an hour instead of at the journeymen's wage of $20.06 an hour (including benefits). North Star disputed the…