PRINTER'S NO. 3208
No. 2232 Session of 2008
INTRODUCED BY M. KELLER, BOYD, CLYMER, CREIGHTON, CUTLER,
EVERETT, FAIRCHILD, GINGRICH, GRELL, KAUFFMAN, MAHER,
MARSICO, MOUL, NAILOR, PICKETT, REICHLEY, ROSS, SAYLOR,
SCHRODER, BAKER, DENLINGER, FLECK, GILLESPIE, HARRIS,
HERSHEY, R. MILLER, PEIFER, PERRY, RAPP, ROCK, R. STEVENSON
AND SWANGER, FEBRUARY 11, 2008
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 11, 2008
AN ACT
1 Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2 "An act relating to public works contracts; providing for
3 prevailing wages; imposing duties upon the Secretary of Labor
4 and Industry; providing remedies, penalties and repealing
5 existing laws," further providing for administration.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 7 of the act of August 15, 1961 (P.L.987,
9 No.442), known as the Pennsylvania Prevailing Wage Act, amended
10 August 9, 1963 (P.L.653, No.342), is amended to read:
11 Section 7. Duty of Secretary.--The secretary shall, after
12 consultation with the advisory board, determine the general
13 prevailing minimum wage rate in the locality in which the public
14 work is to be performed for each craft or classification of all
15 workmen needed to perform public work contracts during the
16 anticipated term thereof: Provided, however, That employer and
17 employe contributions for employe benefits pursuant to a bona
1 fide collective bargaining agreement shall be considered an
2 integral part of the wage rate for the purpose of determining
3 the minimum wage rate under this act[.]: and Provided, further,
4 That the secretary shall not require the payment of an
5 applicable overtime premium on that portion of the required
6 hourly wage rate which reflects cash payment for employe
7 benefits pursuant to a bona fide collective bargaining
8 agreement. Nothing in this act, however, shall prohibit the
9 payment of more than the general prevailing minimum wage rate to
10 any workman employed on public work. The secretary shall
11 forthwith give notice by mail of all determinations of general
12 prevailing minimum wage rates made pursuant to this section to
13 any representative of any craft, any employer or any
14 representative of any group of employers, who shall in writing
15 request the secretary so to do.
16 Section 2. This act shall take effect in 60 days.
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