Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS
Section 839-025-0054 - Exemption from Overtime Pay Requirements on Public Improvement Projects
Universal Citation: OR Admin Rules 839-025-0054
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in ORS 279C.540(4) and in this rule, unless the context requires otherwise:
(a) "A collective bargaining agreement in
effect" means a collective bargaining agreement which is recognized as being
binding on all parties by the National Labor Relations Board; which is
enforceable within the geographic area in which the public improvement is
located; and, the terms of which extend to workers who are working on the
public improvement project;
(b)
"Labor organization" means any organization certified as such by the National
Labor Relations Board.
(2) ORS 279C.540(4) provides an exemption from the overtime pay requirements of ORS 279C.540(1), (2) and (3) under the following circumstances:
(a) The contract on which work is performed
is a public improvement contract; and
(b) The contractor is a party to a collective
bargaining agreement in effect with any labor organization.
(3) The exemption would not apply, for example, under the following circumstances:
(a) To workers employed on a public
improvement who are not covered by the terms of a collective bargaining
agreement;
(b) When the labor
organization has no jurisdiction in the geographical area where work is being
performed;
(c) Any other
circumstance when the terms of the collective bargaining agreement is not
enforceable for workers on public improvement projects.
Stat. Auth.: ORS 651.060
Stats. Implemented: ORS 279.342
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