Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS
Section 839-025-0009 - Procedure for Establishing Prevailing Wage Rates
Universal Citation: OR Admin Rules 839-025-0009
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Labor Commissioner shall establish prevailing wage rates by:
(a) Adopting the
basic hourly rate of pay and fringe benefits established by a Labor
organization through a collective bargaining agreement in effect for that
locality and occupation.
(b) When
there are two or more collective bargaining agreements in effect for that
locality and occupation, the Labor Commissioner shall use the highest rate of
wage among collective bargaining agreements.
(c) In instances when the procedure
established in (a) or (b) of this subsection is not feasible, employing other
methods deemed appropriate by the agency may be used, including but not limited
to:
(A) An independent wage survey conducted
by the agency;
(B) The use of wage
and hour data from other state agencies, including the Oregon Employment
Department and/or Department of Revenue;
(C) The use of data from surveys performed by
the United States Department of Labor, Wage and Hour Division; or
(D) The use of an existing validated survey
that includes wage and hour data reported to the agency.
(d) For purposes of establishing the
prevailing wage rates, the basic hourly rate of pay, fringe benefits and any
hourly premium pay established by a Labor organization through a collective
bargaining agreement in effect for a trade or occupation in a locality may
cover all or a portion of that locality.
(2) Collective bargaining agreements and union wage information must be received no less than 45 days prior to the next scheduled rate publication. If this information is not received by the agency within this time frame, the Labor Commissioner will use the rates included in the most recent complete submission.
(3) Appeals must be submitted in writing to the agency and describe all relevant details for consideration.
Statutory/Other Authority: ORS 279C.815 & ORS 651.060(4)
Statutes/Other Implemented: ORS379C.800-870
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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