Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Those interested parties enumerated in Section
1773.4 of the
Labor Code, and defined in Section
16000 of these regulations, may
file with the Director or the Chief of DLSR, within 20 days after commencement
of advertising of a call for bids by any awarding body, a petition to review a
determination of any rate or rates made by the Director, pursuant to Section
1773 of the
Labor Code, which is specified in or referred to in the call for bids.
(a) Manner of Filing. Every petition filed
pursuant to Section
1773.4 of the
Labor Code shall be filed with the Director by mail to the Chief, Division of
Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142, or may
be filed in person at 455 Golden Gate Avenue, 5th Floor, San Francisco, CA
94102.
(b) Filing. Where any paper,
letter, petition, or document is required or permitted to be filed pursuant to
these regulations or pursuant to the prevailing wage provisions of the Labor
Code, it shall be deemed filed with any person, awarding body or division upon
actual delivery to and receipt by such person, awarding body, or
division.
(c) Content of Petition.
Every petition filed pursuant to Section
1773.4 of the
Labor Code shall contain and separately state the following:
(1) The name, address, telephone number and
job title of:
(A) the person filing the
petition;
(B) the person verifying
the petition, if different from the person filing;
(C) if applicable, petitioner's attorney or
authorized representative.
(2) Whether the petitioner is an awarding
body, a prospective bidder, or the representative of one or more crafts,
classifications or types of workers involved in the public works
contract;
(3) The nature of
petitioner's business, if a prospective bidder, and a designation of each
craft, classification, or type of worker represented, or types of workers
involved in the public works project.
(4)
(A) the
official name of the awarding body;
(B) the date on which the call for bids was
first published;
(C) the name and
location of the newspaper in which such publication was made. An accurate copy
of the call for bids as published shall be attached to the
petition.
(5) If
petitioner is an awarding body which is a department, board, authority or
political subdivision other than a county, city and county, city, township, or
regional district, the awarding body shall describe the parent or principal
organization of which it is a part, and shall specify the statutory authority
for undertaking public works.
(6)
If the petitioner is a prospective bidder, then the parent or subsidiary
corporations or associations related to such craft, classification or type of
work, if any, shall be specified.
(7) The manner in which the wage rate
determined by the Director fails to comply with the provisions of Labor Code
Section
1773.
(A) Every petition asserting that the
applicable prevailing rate for one or more crafts, classifications or types of
workers needed to execute a contract is different from that ascertained by the
Director shall set forth the rate the petitioner claims to be correct for each
disputed rate, together with specific reference to particular facts providing
the basis for such claim.
1. Whenever such
facts relate to a particular employer of such crafts, classifications, or types
of workers, the facts stated must identify the employer by name and address and
give the number of workers involved.
2. Whenever such facts relate to an
applicable collective bargaining agreement which the petitioner alleges was not
considered by the Director pursuant to Section
1773 of the
Labor Code, a copy of the agreement, if not already filed with the Director,
should be filed concurrently with the petition in the manner provided in
Section 16200(a)(1) of
these regulations.
3. Whenever such
facts relate to rates actually paid on public or private projects under
construction or recently completed in the locality and in the nearest labor
market area, the facts stated should include all of the items of information
enumerated in Section
16200(e) of these
regulations.
(B) Every
petition asserting that the Director has failed to ascertain and consider all
applicable rates required to be considered by it shall specifically state in
the petition which rates have not been considered by the Director.
(C) Where rates ascertained by the Director
are the same as the applicable rates established by the collective bargaining
agreement and rates of pay determined for federal public works within the
locality and the nearest labor market area where the public work is performed,
the petition shall specifically describe the manner and extent to which such
rates do not constitute the rates actually prevailing in the locality where the
public work is to be performed, and shall set forth and fully identify the
existence of any rates asserted by petitioner to be prevailing in the locality
and relied upon in support of the petition.
(d) Filing Copy With Awarding Body. If the
petitioner is not an awarding body, the petitioner may concurrently with the
filing of the original petition, or otherwise shall within two days thereafter,
excluding Saturdays, Sundays and holidays, file a copy of the petition with the
awarding body and not later than five days, excluding Saturdays, Sundays and
holidays, after the filing of the original petition, the petitioner shall file
with the Chief of DLSR an affidavit of the filing with the awarding body. The
Director may waive this requirement upon receipt of written confirmation,
including a copy of such notification by the petitioner.
1.
Amendment of subsection (a) filed 2-20-92; operative 3-23-92 (Register 92, No.
13).
Note: Authority cited: Section 1773.5, Labor Code.
Reference: Sections 1773, 1773.1, 1773.4, 1773.5, 1773.8 and 1776, Labor
Code.
