LCO No. 2859 1 of 3 General Assembly Raised Bill No. 6378 January Session, 2021 LCO No. 2859 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CODIFYING PREVAILING WAGE CONTRAC T RATES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (d) of section 31-53 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2021): 3 (d) For the purpose of predetermining the prevailing rate of wage on 4 an hourly basis and the amount of payment or contributions paid or 5 payable on behalf of each person to any employee welfare fund, as 6 defined in subsection (i) of this section, in each town where such 7 contract is to be performed, the Labor Commissioner shall [(1) hold a 8 hearing at any required time to determine the prevailing rate of wages 9 on an hourly basis and the amount of payment or contributions paid or 10 payable on behalf of each person to any employee welfare fund, as 11 defined in subsection (i) of this section, upon any public work within 12 any specified area, and shall establish classifications of skilled, 13 semiskilled and ordinary labor, or (2)] adopt the rate of wages on an 14 hourly basis and the amount of payment or contributions paid or 15 payable on behalf of each person to any employee welfare fund, as 16 Raised Bill No. 6378 LCO No. 2859 2 of 3 defined in subsection (i) of this section, as established in dominant 17 collective bargaining agreements or understandings between employers 18 or employer associations and bona fide labor organizations for the same 19 work in the same trade or occupation in the town in which the 20 applicable building, heavy or highway works project is being 21 constructed. For each trade or occupation for which more than one 22 collective bargaining agreement is in effect for the town in which such 23 project is being constructed, the dominant collective bargaining 24 agreement shall prevail. For each trade or occupation for which there is 25 no collective bargaining agreement in effect for the town in which such 26 project is being constructed, the Labor Commissioner shall adopt and 27 use such appropriate and applicable prevailing wage rate 28 determinations as have been made by the Secretary of Labor of the 29 United States under the provisions of the Davis-Bacon Act, as amended. 30 Sec. 2. Section 31-54 of the general statutes is repealed and the 31 following is substituted in lieu thereof (Effective October 1, 2021): 32 The Labor Commissioner shall [hold a hearing at any required time 33 to] determine the prevailing rate of wages upon any highway contract 34 within any specified area on an hourly basis and the amount of payment 35 or contributions paid or payable on behalf of each employee to any 36 employee welfare fund, as defined in section 31-53, as amended by this 37 act, upon any classifications of skilled, semiskilled and ordinary labor. 38 Said commissioner shall determine the prevailing rate of wages on an 39 hourly basis and the amount of payment or contributions paid or 40 payable on behalf of each employee to any employee welfare fund, as 41 defined in section 31-53, as amended by this act, in each locality where 42 any highway or bridge is to be constructed, and the Commissioner of 43 Transportation shall include such rate of wage on an hourly basis and 44 the amount of payment or contributions paid or payable on behalf of 45 each employee to any employee welfare fund, as defined in section 31-46 53, as amended by this act, or in lieu thereof, in cash as part of wages 47 each pay day, for each classification of labor in the proposal for the 48 contract and in the contract. The rate and the amount so established 49 shall, at all times, be considered as the minimum rate of wage on an 50 Raised Bill No. 6378 LCO No. 2859 3 of 3 hourly basis and the amount of payment or contributions to an 51 employee welfare fund, or cash in lieu thereof, for the classification for 52 which it was established. Any contractor who pays any person at a 53 lower rate of wage on an hourly basis or the amount of payment or 54 contributions paid or payable on behalf of each employee to any 55 employee welfare fund, as defined in section 31-53, as amended by this 56 act, or where he is not obligated by any agreement to make payment or 57 contributions to the employee welfare funds, as defined in section 31-58 53, as amended by this act, and fails to pay the amount of such payment 59 or contributions directly to the employee as a part of his wages each pay 60 day, than that so established for the classifications of work specified in 61 any such contract shall be fined not more than two hundred dollars for 62 each offense. The provisions of this section shall apply only to state 63 highways and bridges on state highways. 64 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 31-53(d) Sec. 2 October 1, 2021 31-54 Statement of Purpose: To codify prevailing wage contract rates. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]