Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Section DWD 290.025 - Subjourneypersons

Current through June 24, 2024
(1) The department shall include a
				determination of one or more subjourneyperson wage rates for a particular trade
				or occupation in a prevailing wage determination under the criteria set forth
				in this section.
(2) The department
				shall determine whether there are at least 500 countable hours reported for a
				particular trade or occupation within a county, whether a collectively
				bargained wage rate and fringe benefit package prevails in the county for that
				trade or occupation, whether that wage rate is identical to an allowable rate
				in a collective bargaining agreement for that trade or occupation which has
				been filed with the department during the current survey period, and whether
				the collective bargaining agreement includes a wage rate for a classification
				equivalent to a subjourneyperson. If these conditions are present, the
				department shall determine subjourneyperson wage rates for the particular trade
				or occupation, based on the wage rates in the collective bargaining agreement
				applicable to that county. The department shall not consider data from
				contiguous counties when making a determination under this
				subsection.
(3) As an alternative
				to sub. (2), the department shall determine whether there are at least 500
				countable hours reported for a particular trade or occupation within a county
				and whether the majority of the total hours reported for the trade or
				occupation were worked under collective bargaining agreements. If these
				conditions are present, the department shall determine subjourneyperson wage
				rates for the particular trade or occupation in accordance with the collective
				bargaining agreement that covers the greatest number of employees in the
				particular trade or occupation and is applicable to that county. The department
				shall not consider data from contiguous counties when making a determination
				under this subsection.
(4) If
				neither the conditions in sub. (2) nor the conditions in sub. (3) are met, and
				there are at least 500 countable hours reported for a particular trade or
				occupation within a county, then the department shall determine
				subjourneyperson wage rates under this subsection.
(a) The entry-level subjourneyperson hourly
				basic rate of pay shall be equal to 35% of the journeyperson's hourly basic
				rate of pay for the trade or occupation plus 35% of the journeyperson's fringe
				benefit package.
(b) The regular
				subjourneyperson hourly basic rate of pay shall be equal to 65% of the
				journeyperson's hourly basic rate of pay for the trade or occupation plus 65%
				of the journeyperson's fringe benefit package.
(c) The hourly basic rate of pay under par.
				(a) or (b) shall not be less than the minimum wage.
(d) An employee shall not be employed at the
				entry-level subjourneyperson wage rate after one year of cumulative service in
				the trade or occupation. After one year of cumulative service, the employee
				shall be advanced to the regular subjourneyperson wage rate or be enrolled in
				an apprenticeship program or the employer shall not employ that employee on any
				project subject to a prevailing wage rate determination.
(e) The department shall determine wage rates
				for subjourneypersons in accordance with the following required job site
				ratios: - See PDF for table
(f)
				Subject to the job site ratios in par. (e), an employer may employ one person
				as an entry-level subjourneyperson for each current apprentice employed in the
				same trade or occupation.
(g) As an
				alternative to par. (f) and subject to the job site ratios in par. (e), an
				employer may employ one person as an entry-level subjourneyperson if the
				employer has no current apprentice in the same trade or occupation but did
				employ an apprentice in the same trade or occupation within the last 5 years
				who completed his or her apprenticeship during that time.
(h) The department shall not consider data
				from contiguous counties when making a determination under this
				subsection.