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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CORRECTED NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On February 26, 2009, the Department of Labor and Industry published MAR Notice No. 24-17-236 regarding the public hearing on the proposed amendment of ARM 24.17.127, pertaining to prevailing wage rates for public works projects for building construction services and heavy and highway construction services on page 249 of the 2009 Montana Administrative Register, issue no. 4.  On May 14, 2009, the Department of Labor and Industry published the notice of amendment on page 736 of the 2009 Montana Administrative Register, issue no. 9.

 

            2.  The department has discovered an error in the travel pay information for the occupation of Elevator Repairers.  The error arises both in the construction services publication and in the nonconstruction services publication, which are incorporated by reference in ARM 24.17.127.  The error pertains to an omission of the rate for travel over 35 miles, and in the statement of the calculation of the travel rates for travel of 11 miles to 25 miles, and for travel of 26 miles to 35 miles.  In addition, the narrative description of the additional pay amount for the 11-25 mile zone and the 26-35 mile zone has been changed into a dollar amount to make it easier to understand and increase the likelihood of being paid correctly.  The corrected information reads as follows, deleted matter interlined, new matter underlined:

 

construction services publication:

 

Elevator Repairers

Travel:  (All Districts)

0-15 mi.    free zone

16-25 mi.  � hour at the prevailing wage rate+ Federal mileage rate/mi. $33.55

26-35 mi.  1 hour at the prevailing wage rate+ Federal mileage rate/mi. $67.11

35+ mi.  actual travel time (at the prevailing wage rate) + $ 0.63/mi.

Per Diem:  (All Districts)

$72.55/day

 

 

 

nonconstruction services publication:

 

Elevator Repairers

Travel:  (All Districts)

0-15 mi.    free zone

16-25 mi.  $33.55

26-35 mi.  $67.11

35+ mi.  actual travel time (at the prevailing wage rate) + $ 0.63/mi.

Per Diem:  (All Districts)

$72.55/day

 

            3.  The corrected material has been incorporated into the 2009 version of "The State of Montana Prevailing Wage Rates - Building Construction Services" publication, including the on-line version of the publication.

 

            4.  The corrected material has been incorporated into the 2009 version of "The State of Montana Prevailing Wage Rates - Nonconstruction Services" publication, including the on-line version of the publication.

 

 

 

/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 May 18, 2009