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Panel advances administrative‑hearing changes for construction wage appeals; trades union raises objections

Budget and Finance Subcommittee · May 4, 2011
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Summary

The subcommittee forwarded an ordinance amending Administrative Code Section 6.22 to require meet-and-confer before appeals, allow the Controller to appoint outside hearing officers including administrative law judges, and update code language; the San Francisco Building and Construction Trades Council objected to using administrative law judges and construction‑law specialists, arguing they lack trades-specific expertise.

The Budget and Finance Subcommittee voted to forward an ordinance to amend Administrative Code Section 6.22, which governs appeals of findings by the Office of Labor Standards Enforcement related to prevailing wage and related enforcement.

Monique Samuda of the Controller’s Office explained the amendments would require a meet-and-confer period before a hearing, permit the Controller to appoint hearing officers from a pool that could include administrative law judges and administrative hearing officers (including those employed by the Rent Board), and implement minor City Attorney updates to ensure conformity with current regulations. The goal, Samuda said, is to expedite the appeal process while preserving due process.

Michael Theriault of the San Francisco Building and Construction Trades Council supported many of the proposed changes but objected to two specific provisions: (1) allowing administrative law judges who lack construction‑trades experience to serve on appeals concerning prevailing wages, and (2) appointing construction-law practitioners who may be unfamiliar with on-the-ground performance and wage practices. Theriault asked that those two provisions be removed.

After public comment the committee moved the item forward with recommendation.