OAR 839-025-0009: Procedure for Establishing Prevailing Wage Rates

(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. The rates must be in effect on or before the next 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.