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Montana Administrative Register Notice 24-17-310 No. 2   01/22/2016    
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BEFORE THE Department of Labor and Industry

  OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 24.17.103, 24.17.127, and, 24.17.501, and the repeal of ARM 24.17.526, pertaining to prevailing wage rates for public works projects

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CORRECTED NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1.  On October, 29, 2015, the Department of Labor and Industry published MAR Notice No. 24-17-310 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 1813 of the 2015 Montana Administrative Register, Issue Number 20. On December 24, 2015, the department published the notice of amendment and repeal at page 2271 of the 2015 Montana Administrative Register, Issue Number 24.

 

2. An inadvertent typographical error was discovered following publication of the notice of amendment and repeal. This typographical error left a gap in zone pay mileage between 50 to 60 miles from the dispatch city. The correction below reflects the intended zones based on information submitted to the department for consideration. The rates for zone pay in the "Montana Prevailing Wage Rates for Highway Construction Services 2016" publication, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

          Construction Laborers Group 1/Flag Person for Traffic Control

Zone Pay:

0-25 mi. free zone

>25-50 mi. base pay + $2.50/hr.

>60 50 mi. base pay + $3.00/hr.

 

          Construction Laborers Group 2

Zone Pay:

0-25 mi. free zone

>25-50 mi. base pay + $2.50/hr.

>60 50 mi. base pay + $3.00/hr.

         

          Construction Laborers Group 3

Zone Pay:

0-25 mi. free zone

>25-50 mi. base pay + $2.50/hr.

>60 50 mi. base pay + $3.00/hr.

 

          Construction Laborers Group 4

Zone Pay:

0-25 mi. free zone

>25-50 mi. base pay + $2.50/hr.

>60 50 mi. base pay + $3.00/hr.

 

          3. An inadvertent omission in the calculation of travel pay and per diem for Heating and Air Conditioning classifications in the "Montana Prevailing Wage Rates for Heavy Construction Services 2016" publication was discovered following publication. In short, amendments to wage and fringe rates were made in the notice of amendment and repeal due to a modification in collective bargaining agreements used for calculating those rates. That modification necessitated changes to travel pay and per diem rates as well, but those changes were omitted. The rates for travel pay and per diem in the "Montana Prevailing Wage Rates for Heavy Construction Services 2016" publication, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

          Heating and Air Conditioning

Travel:

0-70 mi. free zone

>70 mi.

$90.00/day if transportation is provided.

$90.00/day + $0.55/mi. for one trip, there and back if transportation is not provided.

 

Travel:

0-50 mi. free zone

>50 mi.

$0.25/mi. in employer vehicle

$0.65/mi. in employee vehicle

 

Per Diem:

$65.00/day

 

          4. An inadvertent omission in the calculation of travel pay and per diem for Heating and Air Conditioning classifications in the "Montana Prevailing Wage Rates for Building Construction Services 2016" publication was discovered following publication. In short, amendments to wage and fringe rates were made in the notice of amendment and repeal due to a modification in collective bargaining agreements used for calculating those rates. That modification necessitated changes to travel pay and per diem rates as well, but those changes were omitted. The rates for travel pay and per diem in the "Montana Prevailing Wage Rates for Building Construction Services 2016" publication, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

          Heating and Air Conditioning

Travel:

District 1 All Districts

0-51 50 mi. free zone

>51 50 mi.

$0.25/mi. in employer vehicle

$0.65/mi. in employee vehicle

 

Districts 2 & 3

0-40 mi. free zone

>40-80 mi. $30.00/day

>80 mi. $60.00/day

If employer provides transportation, travel pay will be ½ of the amounts listed above unless the employee stays overnight. If the employee chooses to stay overnight, the employee will receive the full amount of travel listed above even if the employer furnishes transportation


District 4

0-70 mi. free zone

>70 mi.

$90.00/day if transportation is provided.

90.00/day + $0.55/mi. for one trip, there and back if transportation is not provided

 

Per Diem:

District 1 All Districts

$65.00/day

Districts 2,3 & 4

No per diem established.

 

5.  An inadvertent typographical error was discovered following publication in the "Montana Prevailing Wage Rates for Heavy Construction Services 2016" for the Sheet Metal Workers classification for travel pay. The travel pay rate was adopted from a collective bargaining agreement which sets the zones from zero to fifty miles and greater than fifty miles. The publication incorrectly stated the zones from zero to fifty-one miles and greater than fifty-one miles. The rates for travel pay in the "Montana Prevailing Wage Rates for Heavy Construction Services 2016" publication, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

Sheet Metal Workers

 

Travel:

0-51 50 mi. free zone

>51 50 mi.

$0.25/mi. in employer vehicle

$0.65/mi. in employee vehicle

 

6. An inadvertent typographical error was discovered following publication in the "Montana Prevailing Wage Rates for Building Construction Services 2016" for the Sheet Metal Workers classification for travel pay. The travel pay rate was adopted from a collective bargaining agreement which sets the zones from zero to fifty miles and greater than fifty miles. The publication incorrectly stated the zones from zero to fifty-one miles and greater than fifty-one miles. The rates for travel pay in the "Montana Prevailing Wage Rates for Building Construction Services 2016" publication, as amended in corrected form, read as follows, deleted matter interlined, new matter underlined:

 

Sheet Metal Workers

 

Travel:

All Districts

0-51 50 mi. free zone

>51 50 mi.

$0.25/mi. in employer vehicle

$0.65/mi. in employee vehicle

 

7.  Amended copies of all 2016 publications, identified as "Montana Prevailing Wage Rates for Building Construction 2016," "Montana Prevailing Wage Rates for Heavy Construction 2016," "Montana Prevailing Wage Rates for Highway Construction 2016," and "Montana Prevailing Wage Rates for Nonconstruction 2016" are available online at www.mtwagehourbopa.com. A printed version of the 2016 publications is also available by contacting 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 msmith3@mt.gov.

 

 

/s/ MARK CADWALLADER          /s/ PAM BUCY

Mark Cadwallader                       Pam Bucy, Commissioner

Alternate Rule Reviewer              DEPARTMENT OF LABOR AND INDUSTRY

 

Certified to the Secretary of State January 11, 2016.

 

 

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