(a) The Board may decline review of any case whenever in its
judgment review would be inappropriate because of
lack of timeliness, the nature of the relief sought, the case involves
only settled issues of law, the appeal is frivolous on its face, or
other reasons. A case will be reviewed upon the affirmative vote of one
member.
(b) Except as provided in paragraphs (c) and (d) of this section,
the Board will not review a wage determination after award, exercise of
option, or extension of a contract, unless such procurement action was
taken without the wage determination required pursuant to Secs. 4.4 and
4.5 of part 4 of this title.
(c) A wage determination may be reviewed after award, exercise of
option, or extension of a contract if it is issued after a finding by an
Administrative Law Judge or the Board that a substantial variance exists
between collectively bargained wage rates and/or fringe benefits
otherwise required to be paid pursuant to section 4(c) of the Act and
those prevailing for services of a character similar in the locality, or
after a finding that such collective bargaining agreement was not
reached as a result of arm's length negotiations.
(d) Where a petition for review of a wage determination is filed
prior to award, exercise of option, or extension of a contract, the
Board may review the wage determination after such award, exercise of
option, or extension of a contract if the issue is a significant issue
of general applicability. The Board's decision shall not affect the
contract after such award, exercise of option, or extension.
(e) In issuing its decision the Board will act expeditiously, taking
into consideration procurement deadlines. The Board shall decide the
case upon the basis of all relevant matters contained in the entire
record before it and shall not consider any data not submitted to the
Wage-Hour Administrator with the request for reconsideration. The Board
in its decision affirming, modifying, or setting aside the wage
determination, shall include a statement of reasons or bases for the
actions taken. In any remand of a case as provided in Sec. 8.1(d) of
this title, the Board shall include appropriate instructions.
