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 - nonconstruction services

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On June 3, 2011, at 10:00 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 May 27, 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  59620-1503; telephone (406) 444-1741; fax (406) 444-7071; TDD (406) 444-0532; or e-mail [email protected].

 

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

 

            24.17.127  ADOPTION OF STANDARD PREVAILING RATE OF WAGES

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

            (f)  The current nonconstruction services rates are contained in the 2011, Revised [effective date of amendment], version of "Montana Prevailing Wage Rates for Nonconstruction Services" publication.

            (g) through (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 correct the prevailing wage rates in a specific occupational category.  On April 18, 2011, the Commissioner of Labor and Industry (the commissioner) announced that he had determined that errors had been made in the calculation of the wage and fringe benefit rates for the nonconstruction services occupation of security guard (unarmed) that affected all districts in Montana.  The commissioner determined that the calculation errors were of sufficient magnitude that there was reasonable necessity to correct those errors via the rulemaking process, rather than allow the previously adopted 2010 rates for that occupation to remain in effect until new 2012 rates that are expected to be adopted in December 2011 or early January 2012.  ARM 24.17.121(6) provides that if the commissioner determines that incorrect rates are adopted, the rates revert to the last published rates that had been adopted until such time as revised rates are adopted via the administrative rulemaking process.  In addition, the commissioner has determined that there is additional data for the occupation that is now available which will improve the accuracy of the rate calculations.

 

            The proposed corrected hourly wage and fringe benefits rates for the nonconstruction services occupation of security guard (unarmed) are shown as follows, stricken material interlined, new material underlined, and with the reverted 2010 rates also shown for comparison purposes:

 

Security guard             2011 wage      2011 fringe            2010 wage     2010 fringe

(unarmed)

 

District 1                     $10.85               $  1.51 1.38           $   9.25           $   3.24

District 2                     $11.31  11.66   $  5.21 1.60            $   9.51           $   3.24

District 3                     $11.77    9.38   $  5.59 4.05            $   9.66           $   3.24

District 4                     $11.19  11.40   $  2.24 4.05            $   8.78           $   3.24

District 5                     $11.77  10.25   $  6.03 4.05            $   9.54           $   3.24

District 6                     $13.63    9.25   $  9.73   .50             $   9.50           $   0.46

District 7                     $11.66  10.63   $  9.73 1.07            $   9.91           $   0.46

District 8                     $10.41  11.12   $  9.73   .50            $10.20            $   0.46

District 9                     $10.83  11.35   $  6.03 2.61            $   9.95           $   0.46

District 10                  $10.41  11.12   $  6.03 2.36            $10.19            $   0.46

 

            4.  A copy of the proposed 2011 revised publication, identified as "preliminary revised nonconstruction rates", is available and can be accessed on-line via the internet at: www.mtwagehourbopa.com.

 

            5.  A printed version of the proposed 2011 revised publication, or of an erratum sheet showing only the proposed revised rates, 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 201503, Helena, MT  59620-1503; fax (406) 444-7071; TDD (406) 444-0532; or e-mailed to [email protected], and must be received no later than 5:00 p.m., June 10, 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 East Lockey Avenue, P.O. Box 1728, Helena, Montana  59624-1728, faxed to the department at (406) 444-1394, e-mailed to [email protected], 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 May 2, 2011