Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.119 - ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS - BUILDING CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner shall establish the standard prevailing rate of wages and fringe
				benefits for the various occupations engaged in building construction services
				in each district. Although the commissioner establishes wage rates and fringe
				benefit rates including travel, zone pay, and per-diem allowance rates
				separately, an employer's obligation to pay the "prevailing rate of wages"
				includes paying the combined value of both wages and fringe benefits, including
				travel, zone pay, and per-diem.
(2)
				The standard prevailing rate of wages is based upon an annual survey in each of
				the districts established in ARM
				24.17.107, of licensed electrical
				contractors, licensed plumbers, and registered construction contractors engaged
				in work performed to commercial building codes, as provided for by
				18-2-413, MCA, who are licensed or
				registered on February 1 of the year in which the survey is being
				conducted.
(3) Based on survey data
				collected by the department for each district, the commissioner will compile
				wage rate information for a given occupation that reflects wage rates actually
				paid to workers engaged in public works or commercial projects. Where a wage
				rate is adopted from a collective bargaining agreement, applicable zone pay or
				travel pay, if any, shall be adopted from that same agreement. If the wage rate
				is adopted from collective bargaining agreements which have equal wage rates
				and different zone pay or travel pay, the zone pay or travel pay shall be
				adopted from the agreement covering more employees. Wage rates calculated
				through the survey for each occupation will be established using the following
				procedure:
(a) If a minimum of 10 or more
				workers is reported for the occupation within the district and 50 percent or
				more of those workers receive the same wage, then the higher of that wage or
				the highest applicable collectively bargained rate is the prevailing wage rate
				for that occupation in that district.
(b) If 10 or more workers are reported for
				the occupation within the district but 50 percent of those workers are not paid
				the same wage, the weighted average wage rate is the prevailing wage rate for
				that occupation in that district.
(c) If less than 10 workers are reported for
				the occupation within the district, the prevailing wage rate is the highest
				applicable collectively bargained rate for that occupation in that
				district.
(d) If less than 10
				workers are reported for the occupation within the district and a collective
				bargaining agreement does not exist for the occupation in that district, a
				weighted average wage rate for the district will be computed using data
				submitted from that district and its contiguous districts.
(e) If contiguous district data do not sum to
				a minimum of 10 workers, a statewide weighted average wage rate will be
				calculated for that occupation.
(f)
				If a minimum of 10 workers is not reported for the occupation statewide, no
				wage rate will be established for that occupation.