BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.17.127 related to prevailing wage rates for public works projects - building construction services, heavy construction services, highway construction services, and nonconstruction services

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On December 16, 2011, at 10:30 a.m., the Department of Labor and Industry (department) will hold a public hearing to be held in the second floor conference room (conference rooms A and B), 1805 Prospect Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the department no later than 5:00 p.m., on December 12, 2011, to advise us of the nature of the accommodation that you need.  Please contact the Labor Standards Bureau, Employment Relations Division, Department of Labor and Industry, Attn: Mike Smith, P.O. Box 201503, Helena, MT  59620-1502; telephone (406) 444-1741; fax (406) 444-7071; TDD (406) 444-0532; or e-mail mikesmith@mt.gov.

 

            3.  The rule proposed to be amended provides as follows, stricken material interlined, new material underlined:

 

            24.17.127  ADOPTION OF STANDARD PREVAILING RATE OF WAGES

            (1) through (1)(d) remain the same.

            (e)  The current building construction services rates are contained in the 2011 2012 version of "Montana Prevailing Wage Rates for Building Construction Services" publication.

            (f)  The current nonconstruction services rates are contained in the 2011 2012 version of "Montana Prevailing Wage Rates for Nonconstruction Services" publication.

            (g)  The current heavy construction services rates are contained in the 2011, Revised June 24, 2011, 2012 version of "Montana Prevailing Wage Rates for Heavy Construction Services" publication.

            (h)  The current highway construction services rates are contained in the 2011 2012 version of "Montana Prevailing Wage Rates for Highway Construction Services" publication.

            (2) and (3) remain the same.

 

AUTH:  2-4-307, 18-2-409, 18-2-431, MCA

IMP:  18-2-401, 18-2-402, 18-2-403, 18-2-406, 18-2-411, 18-2-412, 18-2-413,

18-2-414, 18-2-415, 18-2-422, 18‑2‑431, MCA

 

REASON:  There is reasonable necessity to amend ARM 24.17.127 to update the various prevailing wage rates.  Annual updates are required by 18-2-413 and 18-2-415, MCA, for building construction services and nonconstruction services, respectively.  It is convenient to update the rates for heavy construction services and highway construction services at the same time, as many of the employers affected by the building construction service rates are also affected by the heavy and highway rates.  Payment of prevailing wage rates is required in most public works contracts pursuant to 18-2-422, MCA.  The department is proposing the rates at this time following completion of its wage surveys, in order to have as current a set of rates as is feasible.  The proposed wage rates will apply to public works projects let for bid on or after the effective date of the rate changes.

 

The department notes that the proposed rates for building construction services and nonconstruction services are based upon survey responses and applicable collective bargaining agreements.  The methodology for surveys and rate computations is described in ARM 24.17.121.  The department relies upon the information provided by employers and labor organizations during the survey process to set the proposed rates.  The final rates are based upon the preliminary rates, as modified by including any relevant information provided during the public comment period.

 

            4.  A copy of the proposed 2012 publications, identified as "preliminary building construction rates", "preliminary heavy construction rates", "preliminary highway construction rates", and "preliminary nonconstruction rates", are available and can be accessed on-line via the internet at: www.mtwagehourbopa.com.

 

            5.  A printed version of the proposed 2012 publications is also available by contacting Mike Smith at the address, e-mail, or telephone numbers listed in paragraph 2 of this notice.

 

            6.  Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to:  Labor Standards Bureau, Employment Relations Division, Department of Labor and Industry, Attn: Mike Smith, P.O. Box 1503, Helena, MT  59620-1503; fax (406) 444-7071; TDD (406) 444-0532; or e-mailed to mikesmith@mt.gov, and must be received no later than 5:00 p.m., December 23, 2011.

 

            7.  An electronic copy of this Notice of Public Hearing is available through the department's web site at http://dli.mt.gov/events/calendar.asp, under the Calendar of Events, Administrative Rules Hearings Section.  The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

 

            8.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program or areas of law the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the Department of Labor and Industry, attention:  Mark Cadwallader, 1315 E. Lockey Avenue, P.O. Box 1728, Helena, Montana  59624-1728, faxed to the department at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.

 

            9.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            10.  The department's Hearings Bureau has been designated to preside over and conduct this hearing.

 

 

/s/ MARK CADWALLADER           /s/ KEITH KELLY

Mark Cadwallader                            Keith Kelly, Commissioner

Alternate Rule Reviewer                  DEPARTMENT OF LABOR AND INDUSTRY

 

 

Certified to the Secretary of State November 14, 2011