CABL Forum - Re: Davis Beacon Act

It is not required that the prime be paid weekly so primes need to be aware of the financial requirements on them so that they have the funds available to fund the project or negotiate better payment arraignments with the MSO. I am lucky enough to work for a MSO that pays me upon invoice weekly not the 30 to 120 days that most MSO’s are doing. This is something that I think needs to change in our industry.

Also llowman I have been looking into the issue we discussed about the prevailing wage in your states determination schedule being minimum wage for everything and here is what I have found out. The Federal department contacts each states labor board for the determinations for each job class, If a state chooses not to invest any time they may go with the minimum wage rather than doing their job and researching and reporting the proper prevailing wage for the area. I recommend that you contact your IBEW office in your area and bring the issue to their attention they can appeal to the state DOL to have the proper prevailing wages listed with IBEW attorneys this will prevent you from spending a lot of time on it and the IBEW has the pull to get things done.

Here is the contact info for the IBEW in North Carolina http://www.ibew379.org/Contact.html

Here is the appeals process,

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

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Re: Davis Beacon Act