Chao

MEMORANDUM **

Independent Roofing Contractors Council Apprentice Training Fund, ex rel., Royal Roofing, Inc., appeals the district court’s order granting summary judgment against it and affirming the Department of Labor’s (“DOL”) decision. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s decision.

Royal Roofing was a non-union roofing contractor on four federally funded construction projects. The Davis-Bacon Act (“DBA”) requires contractors on federally funded projects to pay employees the “prevailing wage.” The prevailing wage may be paid in cash, bona fide fringe benefits, or a combination of the two. 40 U.S.C. *520 § 3142 (d). Royal Roofing was one of thirty-five members of the Independent Roofing Contractors Council Apprentice Training Fund (“IRCC Fund”). The IRCC Fund administered and funded a roofer apprentice training program which continued year-round on both DBA and private projects. Participating in the IRCC Fund let contractors pay registered apprentices less than journeyman wages on DBA projects and receive DBA credit for contributions to the IRCC Fund.

In 1997, DOL Wage and Hour Investigator Kristi Hollenbeck investigated Royal Roofing’s…