Bill Text: DE HB287 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Prevailing Wage.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Engrossed - Dead) 2014-06-19 - Assigned to Labor & Industrial Relations Committee in Senate [HB287 Detail]

Download: Delaware-2013-HB287-Draft.html


SPONSOR:

Rep. Mulrooney & Rep. Osienski & Rep. Keeley & Rep. D.E. Williams & Sen. Marshall

 

Reps. Barbieri, Bennett, Bolden, Brady, Carson, Heffernan, Jaques, J. Johnson, Kowalko, Longhurst, Mitchell, Paradee, Potter, B. Short, M. Smith, Viola, Walker, K. Williams; Sens. Blevins, Hall-Long, Henry, McBride, McDowell, Poore, Townsend

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 287

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PREVAILING WAGE.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. Amend §6960(a), Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(a) The specifications for every contract or aggregate of contracts relating to a public works project in excess of $100,000 for new construction (including painting and decorating) or $15,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works) to which this State or any subdivision thereof is a party and for which the State appropriated any part of the funds and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various ,the Delaware Department of Labor, Division of Industrial Affairs, to be prevailing in the county in which the work is to be performed. The Delaware Department of Labor, Division of Industrial Affairs shall establish the prevailing wage for each respective craft or class of laborers and mechanics at the same rates established in collective bargaining agreements between labor organizations and their employers that govern work of a similar nature and similar crafts or classes of laborers and mechanics for the county where the public works contract will be performed if that particular labor organization's collective bargaining rate prevailed and they participated in the survey, for that particular trade or craft in that particular county for 2 consecutive years. The agreed rate of pay designated by the craft's collective bargaining agreement will become the prevailing wage for a period of 5 years and the raise be determined by the collective bargaining agreement rate at the time the prevailing wage survey is conducted for that craft, county, and year. If the prevailing wage cannot be reasonably and fairly determined in any locality because no such agreements exists or the collective bargaining rate has not prevailed for 2 consecutive years the Department shall use the prevailing wage as established by the Department's annual prevailing wage survey. There will be a 1-time challenge of the prevailing wage rate per cycle as in the Department regulations. All other provisions of this law are to remain unchanged. For each respective craft or class of laborers or mechanics, the craft or class whose collectively bargained wages as of January 1, 2014 for that particular labor organization's collective bargaining rate prevailed for that particular trade or craft in that particular county is the prevailing wage rate and whose rate has prevailed for the last 5 years, or will prevail in the future for 5 consecutive years, shall have their collective bargaining agreement adopted as the prevailing wage rate negotiated by industry standards between workers and employers.


SYNOPSIS

This bill establishes a set prevailing wage rate and eliminates the need for a survey based upon certain requirements.

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