En Banc Panel Resolved BALCA Dispute Over Prevailing Wage Documentation

Resolving a panel dispute over whether an employer’s failure to submit a copy of its request for a prevailing wage determination (PWD) is a substantial failure to provide required documentation under 20 CFR §655.20(b), BALCA found that §656.40(a)’s explicit requirement that employers maintain the PWD issued by the SWA implies that employers need not maintain a copy of the request, and that it is unreasonable for the CO to assume it should be readily available to the employer at the time of audit.