BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 24.17.127, pertaining to prevailing wage rates for public works projects

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NOTICE OF AMENDMENT

TO: All Concerned Persons

 

            1. On November 9, 2017, the Department of Labor and Industry published MAR Notice No. 24-17-327 regarding the public hearing on the amendment of the above-stated rule on page 2009 of the 2017 Montana Administrative Register, Issue No. 21.

 

            2. On December 1, 2017, a public hearing was held at which time members of the public made oral and written comments and submitted documents. Additional comments were received during the comment period.

 

            3. The department has thoroughly considered the comments and testimony received from the public. The following is a summary of the public comments received and the department's response to those comments:

 

COMMENT 1: Ronald Worth, Business Representative, Carpenters Local 82, requested review of the wage for the Carpenter classification in district 1 of the building construction services publication.

 

RESPONSE 1: The department has reviewed the proposed wage rate for the Carpenter classification in district 1 of the building construction services publication. The wage rate that was proposed was appropriately set via Administrative Rules of Montana (ARM) 24.17.119(3)(b).

 

COMMENT 2: James Wood, Business Representative, IBEW Local 44, requested review of the wage for the Lineman classification in the heavy construction services publication.

 

RESPONSE 2: The department has reviewed the wage rate for the Linemen classification in the heavy construction services publication.  Upon review, the department determined that it incorrectly input the collectively bargained rate when making the calculation pursuant to ARM 24.17.120(3)(a)(ii).  The correct rate is identified in paragraph 5.

 

COMMENT 3: James Stark, Business Representative, IUPAT 1922, requested that all surface preparation be classified as painters work.

 

RESPONSE 3: The department has reviewed the request. To be in compliance on prevailing wage projects, the department has historically applied painter as the proper classification for all surface preparation for paint. To prevent confusion in regards to sandblasting preparation on painted surfaces, the department discovered through email correspondence on December 1, 2017, that Kim Rickard, Business Manager, LIUNA 1686, concurs that sandblasting mentioned in the Laborer Group 3 classification excludes all surface preparation work for paint. A clarification identified as "Duties Include" has been added to the painters classification in the building and heavy publications, and is identified in paragraphs 4 and 5. For purposes of clarification, "This group includes but is not limited to" part of the Construction Laborers Group 3 classification has been amended in the building and heavy publications, and is identified in paragraphs 4 and 5. 

 

COMMENT 4: Various individuals and entities submitted additional data or documents for inclusion in the rate setting process during the comment period.

 

RESPONSE 4: The department has reviewed the information submitted. The department has incorporated the data as appropriate and has revised certain rates in line with the rate-setting standards. Revised rates are identified below in paragraphs 5 and 6.

 

            4. The rule is amended as proposed. Two of the publications that are incorporated by reference contain certain changes, as shown in paragraphs 5 and 6. 

 

            5. The following rates in the "Montana Prevailing Wage Rates for Building Construction Services 2018" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Painters

Duties Include:

All surface preparation for paint.

 

Construction Laborers Group 3

            This group includes but is not limited to:

Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper.

 

Heating and Air Conditioning

                        Wage                         Benefit

District 1         $26.54 28.51            $10.19 17.91

 

Sheet Metal Workers

                        Wage                         Benefit

District 1         $26.70 28.51            $13.81 17.91

District 2         $25.90 28.51            $17.91

 

            6. The following rates in the "Montana Prevailing Wage Rates for Heavy Construction Services 2018" publication, incorporated by reference in the rule, have been amended as follows, stricken matter interlined, new matter underlined:

 

Line Construction - Lineman

                        Wage                         Benefit

                        $45.53 $44.41          $15.54

 

Painters

Duties Include:

All surface preparation for paint.

 

Construction Laborers Group 3

            This group includes but is not limited to:

Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper.

 

            7. The wage rate publications adopted by this notice apply to public works contracts put out for bid on or after January 27, 2017.

 

/s/ Mark Cadwallader                       /s/ Galen Hollenbaugh                  

Mark Cadwallader                           Galen Hollenbaugh, Commissioner

Alternate Rule Reviewer                 DEPARTMENT OF LABOR AND INDUSTRY

           

Certified to the Secretary of State January 16, 2018.