PHILADELPHIA, PA - The Sheet Metal Contractors Association of Philadelphia and Vicinity reports that Pennsylvania’s Prevailing Wage Appeals Board recently ruled, in a case dating back to 1992, that testing, adjusting, and balancing (TAB) is public work subject to the regulations of the state’s Prevailing Wage Act.

The board ruled in favor of Local 19, which had filed an appeal in 1994 on a ruling by the Department of Labor and Industry that TAB was not “construc-tion, reconstruction” work but was service-type work “outside the Act.”

The board’s ruling keyed on the question, “Is TAB maintenance work or construction?” For this project, the board found the hvac system was not up and running until the TAB work was completed, and therefore was not maintenance work.