PRINTER'S NO. 197
No. 202 Session of 1999
INTRODUCED BY ARMSTRONG, JANUARY 25, 1999
REFERRED TO LABOR AND INDUSTRY, JANUARY 25, 1999
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 duties of the Secretary
6 of Labor and Industry regarding rates.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 7 of the act of August 15, 1961 (P.L.987,
10 No.442), known as the Pennsylvania Prevailing Wage Act, amended
11 August 9, 1963 (P.L.653, No.342), is amended to read:
12 Section 7. Duty of Secretary.--(a) The secretary shall,
13 after consultation with the advisory board, determine the
14 general prevailing minimum wage rate in the locality in which
15 the public work is to be performed for each craft or
16 classification of all workmen needed to perform public work
17 contracts during the anticipated term thereof: Provided,
18 however, That employer and employe contributions for employe
19 benefits pursuant to a bona fide collective bargaining agreement
1 shall be considered an integral part of the wage rate for the
2 purpose of determining the minimum wage rate under this act.
3 Nothing in this act, however, shall prohibit the payment of more
4 than the general prevailing minimum wage rate to any workman
5 employed on public work. The secretary shall forthwith give
6 notice by mail of all determinations of general prevailing
7 minimum wage rates made pursuant to this section to any
8 representative of any craft, any employer or any representative
9 of any group of employers, who shall in writing request the
10 secretary so to do. The secretary shall make this determination
11 based on data collected from a statistically accurate survey.
12 The survey shall have a degree of accuracy of plus or minus
13 three percentage points and shall be done on a county-by-county
14 basis. If enough data cannot be collected to produce an accurate
15 survey, then data from an adjoining county may be used.
16 (b) The prevailing minimum wage rate for each classification
17 shall be equal to the rate that is reported fifty percent (50%)
18 of the time or more in the survey. If no rate is reported at
19 least fifty percent (50%) of the time, then the average of all
20 rates reported in a particular classification shall be the rate
21 for said classification.
22 Section 2. This act shall take effect in 60 days.
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