This act defines "collective bargaining agreement" and "labor organization" or "union" to encompass agreements that have been used to determine an occupational title wage rate, between an employer and an exclusive bargaining representative pursuant to the National Labor Relations Act that

Under current law, prevailing wage determinations take into account, contributions irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund. The act removes the requirement that they be made to a trustee or to a third person.

Under current law, a locality, for the purposes of determining the prevailing wage for an occupational title, may encompass two or more counties adjacent to the one in which the construction is to be performed in certain instances. This act only allows the county in which the work is to be performed to be used as a basis for determining the prevailing wage for counties other than third and fourth class counties and Newton County. The department shall accept wage rate information submitted in paper or electronic formats.

Under current law, prevailing wage in a locality is determined by the Department of Labor to be the hourly rate for a particular occupational title by means of wage surveys with consideration given to collective bargaining agreements. This act repeals these provisions with respect to third and fourth class counties and Newton County. The rate for such counties is determined in the following manner:

• The total number of hours worked that are not paid pursuant to a collective bargaining agreement for the time period in that occupational title in the locality and the total number of hours worked that are paid pursuant to a collective bargaining agreement for the time period in that occupational title in the locality shall be considered.

• If the total number of hours that are not paid pursuant to a collective bargaining agreement, in the aggregate, exceeds the total number of hours that are paid pursuant to such an agreement, in the aggregate, then the prevailing rate shall be determined by using the sum of each individual wage reported multiplied by the hours reported at that wage divided by the sum of all hours reported.

• If the total number of hours that are paid pursuant to a collective bargaining agreement, in the aggregate, exceeds the total number of hours that are not paid pursuant to such an agreement, in the aggregate, then the prevailing rate shall be the rate most commonly paid that is paid pursuant to a collective bargaining agreement as measured by the number of hours worked at such rate for that occupational title within the locality.

• If no work within a particular occupational title has been performed in a locality at any wage rate, the prevailing rate for that occupational title in that locality will depend on whether wages were reported in the previous 6 years and whether the rates were determined by collective bargaining agreements. If no wages were reported in the previous 6 years, the most recent reported wage rate in the previous 6 years in the adjacent county with the most wages reported is used. If no wages were reported in any adjacent counties within the previous 6 years, the current collective bargaining agreement is used.

This act is similar to SB 175 (2011), SB 468 (2012), SCS/SB 439 (2012), SCS/SB 596 (2012), SCS/SB 30 (2013), SB 301 (2013), and HB 409 (2013).

CHRIS HOGERTY