Ursinus College v. Prevailing Wage Appeals Board (majority)
Annotate this CaseIn a case before the Supreme Court of Pennsylvania, Ursinus College utilized financing from the Montgomery County Health and Higher Education Authority (Authority) to undertake a construction project. The International Brotherhood of Electrical Workers, Local No. 98 (IBEW) asserted that this project was a public work under the Pennsylvania Prevailing Wage Act (PWA), which would require workers on the project to receive prevailing minimum wages. The court was tasked with determining whether this project constituted a public work under the PWA. The court found that the project was not a public work as defined in the PWA, as the funds for the project did not come from a public body. Rather, the Authority served as a conduit for financing, with private funds generated from the Authority's ability to issue bonds being used to pay for the project. The Authority did not hold or disburse these funds, nor did it bear any risk or liability with respect to the repayment of the bonds. Therefore, the court held that the project was not subject to the PWA's prevailing wage requirements.
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