Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor Committee

HB 1231

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Establishing the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available.

Sponsors: Representatives Ormsby, Sells, Morris, Goodman, Ortiz-Self, Wylie, Gregerson, Stanford, Riccelli, Moeller, Sawyer, Fitzgibbon, Takko, Reykdal, Bergquist, Moscoso, Kirby, Pollet, Walkinshaw and Hudgins.

Brief Summary of Bill

  • Requires the Department of Labor and Industries to establish the prevailing rate of wage using collective bargaining agreements.

Hearing Date: 1/20/15

Staff: Trudes Tango (786-7384).

Background:

State law requires that prevailing wages be paid to laborers, workers, and mechanics employed upon all public works and under all public building service maintenance contracts. Public work means all work, construction, alteration, repair, or improvement other than ordinary maintenance that is executed at the cost of the state or any municipality.

The prevailing wage is the hourly wage, usual benefits, and overtime paid in the largest city in each county, to the majority of workers, laborers, or mechanics in the same trade or occupation. If there is not a majority in the same trade or occupation paid at the same rate, then an average wage is calculated and established as the prevailing wage.

To establish the prevailing wage for the various trades and occupations, the industrial statistician of the Department of Labor and Industries (Department) conducts wage surveys.

Surveys are sent to businesses that employ workers within the trade or occupation being survey and labor unions representing workers in those trades and occupations. Interested parties may also submit survey forms.

When the rate calculated in the survey process matches the rate of a collective bargaining agreement (CBA) during the survey period, the prevailing wage rate will be derived from the CBA. A prevailing wage based on a CBA may be adjusted based on changes to the CBA.

Alternative methods of establishing the rate maybe used under limited circumstances, such as when a survey is not immediately feasible in a new trade or occupation.

Summary of Bill:

The prevailing rate of wage must be established by adopting the hourly wage, usual benefits, and overtime pay established in CBAs for those trades and occupations that have CBAs. For those that do not have CBAs, the prevailing rate of wage must be established by wage and hour surveys.

Appropriation: None.

Fiscal Note: Requested on January 16, 2015.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.