Attachment 7 DOL WD 04-0047 Rev 9.doc

WD 04-0047 (Rev.-9) was first posted on www.wdol.gov on 08/28/2007

Diver Services

REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³

³

William W. Gross Division of Wage ³ Wage Determination No: 2004-0047

Director Determinations ³ Revision No: 9

³ Date Of Revision: 08/23/2007

NATIONWIDE: This wage determination applies to the Coastline of the U.S., Alaska and Hawaii except DC, DE, FL, GA, MD, NC, SC and VA (Southern Areas) .

ALASKA AREA: Alaska Coastline.

GULF OF MEXICO AREA: All land areas adjacent to the Gulf of Mexico, except Gulf of Mexico area in Texas and Louisiana (see WDs numbers below).

NEW ENGLAND AREA: From the border of New Brunswick, Canada down to longitude that is parrallel to the border between Massachusetts and Rhode Island so as to include Nantucket Island and Martha's Vineyard.

NEW YORK AREA: From the above down to the line between Monmouth and Ocean

Counties, New Jersey.

NORTHERN CALIFORNIA AREA: From the above longitudinal parallel line extending out from the border of Oregon and California.

OREGON AREA: From the above longitudinal parallel line extending out from the border of Washington and Oregon.

SOUTHERN CALIFORNIA AND HAWAII AREA: From the border of Mexico to a line starting from the border between San Luis Obispo and Monterey Counties, California parallel to the latitudinal lines, including Hawaii.

WASHINGTON AREA: From the above to a longitudinal parallel line extending out from the border of Canada and Washington.

See WD 2002-0190 for Louisiana and WD 2002-0261 for Texas.

The Southeast Area has been removed which includes the Southern Area of New

Jersey and can be located on WD 2007-0134.

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for Diving services.

Diver can negotiate pay under the following conditions:

For dives deeper than depths specified

For special penetration situations

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

47040 - Diver

Alaska Area - Diver 68.12

Alaska Area - Stand-by-Diver 34.06

Gulf of Mexico Area - Diver/Helper 25.52

Gulf of Mexico Area - Journeyman Diver 27.02

Hawaii 38.95

New England Area - 60 feet or less - Massachusetts 41.72

New York Area 49.70

Northern California Area 69.98

Northern California Area - Stand-by-Diver 34.99

Oregon Area - Diver 67.18

Oregon Area - Stand-by-Diver 33.59

Southern California Area - Diver 69.68

Southern California Area - Stand By Diver 34.84

Washington Area - Diver 72.52

Washington Area - Stand-by-Diver 36.26

47041 - Diver Tender

Alaska Area - Assistant Tender 29.39

Alaska Area - Tender 33.06

Hawaii 34.00

New England Area 29.80

New York Area 36.44

Northern California Area - Assistant Tender ROV Tender/Technician 30.90

Northern California Area - Tender ROV Operator/EMT Tech 33.99

Oregon Area 31.01

Southern California - Assistant Tender 31.84

Southern California Area - Tender 33.84

Washington Area 32.26

Diver can negotiate pay under the following conditions:

For dives deeper than depths specified

For special penetration situations

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

ALASKA AREA Fringe Benefits:

DEPTH PAY: 050 - 100 ft. - $1.00/ft.

101 - 200 ft. - $2.00/ft.

Over 200 Divers negotiated

HELIUM - OXYGEN SURFACE DIVING DEPTH PAY:

200 - 250 ft. - $3.00/ft.

251 - 300 ft/ - $4.00/ft.

TUNNEL OR PIPE PAY (based on distance traveled from the entrance):

005 - 050 ft. - $1.00/day

050 - 100 ft. - $2.00/day

100 - 150 ft. - $3.00/day

Over 150 ft. - Diver negotiated

HEALTH AND WELFARE: $5.50 per hour.

PENSION: $7.75 per hour.

APPRENTICE TRAINING: $.80 per hour.

GULF OF MEXICO AREA (except areas in Texas and Louisiana) Fringe Benefits:

HAZARD PAY: $35.00 per eight hours shift for divers where work involves entry into any area where vertical ascent is not possible (tunnels, wrecks, etc.), live boating (diving from a moving vessel) or blasting.

DEPTH PAY:050 - 100 ft. - $1.00/ft.

100 - 150 ft. - $2.00/ft.

151 - 200 ft. - $3.00/ft.

201 - 250 ft. - $4.00/ft.

251 - 350 ft. - $6.00/ft.

351 - 400 ft. - $7.00/ft.

401 - 500 ft. - $8.00/ft.

500 ft. and over - Diver negotiated but not less than $8.00/ft.

HEALTH AND WELFARE: $3.30 per hour.

APPRENTICE TRAINING: $0.50 per hour.

PENSION: $2.30 per hour.

ANNUITY: $2.10 per hour.

HAWAII AREA fringe benefits:

DEPTH PAY: 50 - 100 ft. - $1.50 /ft. in excess of 50 ft.

100 - 150 ft.- $100.00 plus $2.00 per ft. in excess of 100 ft.

150 - 200 ft. - $200.00 plus $3.00 per ft. in excess of 150 ft.

Over 200 ft. - the Diver shall have the right to designate his/her own rate, but in no case shall that rate be lower than the above-specified rate for depths of less than 200 feet.

HEALTH AND WELFARE: $5.57 per hour

VACATION AND HOLIDAY FUND: 5.00 per hour

APPRENTICESHIP AND TRAINING: $0.73 per hour

401(k) FUND: $1.50 per hour

NEW ENGLAND AREA Fringe Benefits:

DEPTH PAY:Over 60 ft. - 100 ft. - $.55/ft./per dive.

Over 101 ft. - 150 ft. - $1.05/ft./per dive

Over 151 ft. - 200 ft. - $1.60/ft./per dive

Over 200 ft. - Diver/negotiated

PENETRATION PAY: 1 ft. - 150 ft. - $.55/ft per dive

151 ft. and over - $.80/ft per dive

Special situation - subject to negotiation per dfive

HEALTH AND WELFARE: $6.92 per hour

PENSION: $4.25 per hour

ANNUITY: $7.50 per hour

APPRENTICESHIP: $.40

NEW YORK AREA Fringe Benefits:

AIR DIVES:060-74 FT. $.25/ft./day from and over 60 ft.

75-125 FT. $.78/ft./day from and over 75 ft.

MIXED GAS DIVES: 75-125 FT. $.78/ft./day from and over 75 ft.

AIR & MIXED GAS DIVES: Over 125 ft. - diver negotiated

HEALTH AND WELFARE: $8.50 per hour

VACATION: $5.41 per hour

PENSION: $9.81 per hour

ANNUITY: $6.10 per hour

APPRENTICESHIP: $.50 per hour

SUPPLEMENTAL: $.04 per hour

NORTHERN CALIFORNIA AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $2.00/ft.

101 - 150 ft. - $3.00

151 - 220 ft. - $4.00

Over 221 ft. - $5.00

TUNNEL OR PIPE PAY: (based on distance traveled from the entrance):

0 - 25 ft. - no charge

26 - 300 ft. - $1.00/ft

Where diver is unable to stand erect in tunnel or pipe or when it is necessary for a diver to enter any pipe or tunnel or other enclosure over 300 feet from the entrance or less than 48" in height, the premium will be by mutual agreement betwen the diver, the Union, and the contractor, but never less than $1.00 per foot.

$1.00/ft

MANIFOLD OPERATOR $33.99

MIXED GAS MANIFOLD TECHNICIAN/DECOMPRESSION CHAMBER

OPERATOR - $38.99

HEALTH AND WELFARE: $6.805 per hour.

VACATION: $4.27 per hour.

PENSION: $3.20 per hour.

APPRENTICE TRAINING: $.43 per hour

ANNUITY: $3.75 per hour.

OREGON AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $1.00/ft.

101 - 150 ft. - $1.50/ft.

151 - 200 ft. - $2.00/ft.

Over 200 ft. - Diver negotiated

TUNNEL PAY (tunnel, pipe, or other enclosure in which there is no vertical escape based on distance traveled from the entrance):

005 - 50 ft. - $4.00/day

050 - 100 ft. - $5.00/day

100 - 150 ft. - $8.00/day

150 - 200 ft. - $20.00/day

200 - 300 ft. - $.40/ft.

300 - 450 ft. - $.80/ft.

450 - 600 ft. - $1.60/ft.

Over 600 ft. - Diver negotiated

HEALTH AND WELFARE: $6.34 per hour.

PENSION: $4.26 per hour.

APPRENTICE TRAINING: $.56 per hour.

DRUG TEST: $.10 per hour.

SOUTHERN CALIFORNIA Fringe Benefits:

The listed wage rates are for depths up to and including 50 feet.

DEPTH PAY:050 - 100 ft. - $2.00/ft./day

101 - 150 ft. - $3.00/ft./day

151 - 200 ft. - $4.00/ft./day

221 - Deeper $5.00

TUNNEL OR PIPE PAY ( based on distance traveled from the entrance):

0 - 25 ft. - No charge

25 - 300 ft. - $1.00/foot

These premiums are per day midnight to midnight.

Where diver is unable to stand erect in tunnel or pipe:

When it is necessary for diver to enter any pipe or tunnel or other enclosure over 300 feet from entrance or less than 48" in height, the premium will be by mutual agreement between the diver, the union and the contractor, but never less than $100 per foot.

HEALTH AND WELFARE: $3.95 per hour.

VACATION: $3.01 per hour.

PENSION: $1.11 per hour.

APPRENTICE TRAINING: $.40 per hour.

WASHINGTON AREA Fringe Benefits:

DEPTH PAY: 050 - 100 ft. - $1.00/ft.

100 - 175 ft. - $2.25/ft.

175 - 250 ft. - $5.50/ft.

Over 250 ft. - Diver negotiated

TUNNEL OR PIPE PAY (based on distance traveled from the entrance)

001 - 050 ft. - $2.00/day

050 - 100 ft. - $4.00/day

100 - 150 ft. - $8.00/day

150 - 200 ft. - $32.00/day

200 - 300 ft. - An additional $.40/ft.

300 - 450 ft. - An additional $.80/ft.

450 - 600 ft. - An additional $1.60/ft.

HEALTH AND WELFARE: $6.28 per hour.

PENSION: $3.87 an hour.

APPRENTICE TRAINING: $.52 per hour.

SUBSTANCE ABUSE PROGRAM: $0.064 per hour

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the

Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that

Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.