DOL_WD_2014-0800_7.pdf

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2014-0800 Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations | Date Of Last Revision: 10/02/2017 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

NATIONWIDE: This wage determination applies to the United States East, Gulf and West Coasts

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for operation an maintenance of deep sea vessels in the above locality.

LICENSED MARINE ENGINEERS

A. Automated, Mechanized and Retrofit and/or Diesel Vessels

OCCUPATION CODE - TITLE FOOTNOTE RATE

(not set) - Chief Engineer Class A1 37.00 Daily Class A1 Non-Watch Allowance 70.30 Daily Class A2 318.13 Daily Class A2 Non-Watch Allowance 87.21 Daily Class A3 355.82 Daily Class A3 Non-Watch Allowance 92.64 Daily Class A4 368.95 Daily Class A4 Non-Watch Allowance 93.68 Daily (not set) - Assistant Engineer Class A1 1st Ass't. 206.32 Daily Class A1 1st Ass't. Non-Watch Allowance 42.42 Daily Class A1 2nd Ass't. 181.19 Daily Class A1 2nd Ass't. Non-Watch Allowance 37.44 Daily Class A1 3rd Ass't. 156.03 Daily Class A1 3rd Ass't. Non-Watch Allowance 32.13 Daily Class A2 1st Ass't. 195.25 Daily Class A2 1st Ass't. Non-Watch Allowance 60.44 Daily Class A2 2nd Ass't. 176.01 Daily Class A2 2nd Ass't. Non-Watch Allowance 54.13 Daily Class A2 3rd Ass't. 160.62 Daily Class A2 3rd Ass't. Non-Watch Allowance 47.82 Daily

Class A3 1st Ass't. 223.13 Daily Class A3 1st Ass't. Non-Watch Allowance 64.65 Daily Class A3 2nd Ass't. 194.43 Daily Class A3 2nd Ass't. Non-Watch Allowance 56.20 Daily Class A3 3rd Ass't. 168.07 Daily Class A3 3rd Ass't. Non-Watch Allowance 47.42 Daily Class A4 1st Ass't. 229.92 Daily Class A4 1st Ass't. Non-Watch Allowance 71.03 Daily Class A4 2nd Ass't. 200.57 Daily Class A4 2nd Ass't. Non-Watch Allowance 61.19 Daily Class A4 3rd Ass't. 172.45 Daily Class A4 3rd Ass't. Non-Watch Allowance 52.47 Daily

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: B. Port Relief Engineer Rates

Automated, Mechanized, Retrofit and/or Diesel

Diesel Vessel (hourly)-----------------------------$44.74

Port Relief Minimum -------------------------------$313.18

C. Penalty*/Premium* (hourly) ----------------------$15.77

NOTES:

NON-WATCH ALLOWANCE: The non-watch rate is payable in addition to the daily base rate to all Chief Engineers and Assistant Engineers who are day-workers and do not stand regularly assigned watches.

PENALTY RATE: The penalty rate is the amount paid during the regular eight hour day for entering the boiler or working on pipe systems in especially confining or dirty spaces, working on the liquid side of the fuel oil heater, working on cofferdams fueled by animal, vegetable, petroleum products or creosotes, including bunkers or molasses, when the engineer is required to do maintenance work which causes contact with the effluent side of the waste disposal unit, working below floor plates or inside tanks. If outside the eight hour day or on at./Sun./holidays the payment is overtime plus 10%.

PREMIUM RATE: The premium rate is the amount paid for all hours of standby duty to respond to any alarms emanating from the remote engine room alarm system and to take the necessary action to correct the engine room malfunction that activated the alarm system, when a vessel is at sea and in foreign ports. Overtime is payable in United States ports.

PREMIUM RATE is also payable for failure to provide full meal hours, confinement to vessel, delayed sailing, installing new equipment, re-piping the vessel, burning/welding outside machinery spaces, performing work normally assigned to the unlicensed personnel.

EXPLOSIVES PAY: Licensed engineers on board vessels carrying explosives in 50 ton lots or over as permitted by law shall receive, in addition to the above daily wage rates, 10% of such wages per month while such cargo is on board the vessel or is being loaded or discharged.

Fringe benefits applicable to the above classes of service employees:

1/ 2/ 3/ 4/ 5/ 6/ 7/

1/ Health and Welfare contributions of $48.60 plus Feinberg ratio* per man per day.

2/ Pension contribution: $0.00 plus Feinberg ratio* per man per day (currently funded, contribution is $0.00 at this time).

3/ All Chief Engineers and First Assistant Engineers shall receive 30 days paid vacation (based wage and including the non-watch allowance) for each 30 days of employment, or pro-rata share thereof (i.e., 1 day for 1 day).

Second and Third Assistant Engineers shall receive 27 days paid vacation (base wage and including non-watch allowance) for each 30 days of employment, or pro-rata share thereof.

In addition to providing paid vacation, employer shall contribute an amount sufficient to pay the cost of the administration of the Vacation Plan. Currently 7.88% of (Base + Non-Watch) for 30:30 vacation and 7.44% of (Base + Non-Watch) for all other vacations.

4/ 10 Paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. In addition, local holidays granted by employers to Longshoremen in ports in which vessel may happen to be located.

5/ Training Contribution: $6.16 plus Feinberg ratio* per man per day.

6/ Drug Testing: $0.75 per man per day.

7/ Money Purchase Benefit (MPB): 8% of the sum of base wage and non-watch allowance plus Feinberg ratio*.

* "FEINBERG RATIO: Feinberg ratio is the ratio of vacation earned to days worked, i.e.

a. For Second and Third Assistant engineers the Feinberg ratio is 27/30 or 0.90. Therefore, the contribution rate is

1.90 times the daily basic fringe benefit rate.

b. For Chief and First Assistant Engineers, the Feinberg ratio is 30/30 or 1.0. Therefore, the contribution rate is twice the daily basic fringe benefit rate reduced by the factor of 257/365.

GENERAL NOTE

I. In determining the class of vessel, horsepower shall be taken from the Record of the American Bureau of Shipping and admeasurement of tonnage as determined by the U.S. Coast Guard, Marine Inspection, Admeasurement Section. Power tonnage is the sum of the gross tons figure added to the horsepower figure.

Classification of Vessels:

CLASS SINGLE SCREW POWER TONNAGE

A-4 70,001 AND OVER

A-3 45,001 TO 70,000

A-2 35,001 TO 45,000

A-1 25,001 TO 35,000

A 17,001 TO 25,000

B 12,001 TO 17,000

C 7,501 TO 12,000

D 5,001 TO 7,500

E TWIN SCREW LESS THAN 5,001

A-4 51,000 AND OVER

A-3 35,001 TO 51,000

A-2 28,001 TO 35,000

A-1 20,001 TO 28,000

A 15,001 TO 20,000

B 9,001 TO 15,000

C 5,501 TO 9,000

D 3,501 TO 5,500

E LESS THAN 3,501

II. Terms utilized in this wage determination not otherwise defined herein shall have meanings and definitions as utilized in the U.S. Coast Guard Regulations and Policy issued pursuant to Title 46 USC and as published by the U.S. Coast Guard in the following publications and others:

1. 46 CFR Parts 1, 10, 15, 26, 35, 157, 175, 185, 186, and 187 as published in the U.S. Federal Register.

2. U.S. Coast Guard Commandant Instruction COMDTINST MI6000.3, Marine Safety Manual, Volume III- Marine Industry Personnel.

III. The term "service employee" does not include any employee who qualifies as an executive, administrative, or professional employee as those terms are identified in Regulations, Part 541, issued under the Fair Standards Act.

(See CFR, Part 541.)

IV. Subsistence and Quarters: Subsistence and quarters of equivalent value thereof may not be credited toward the provision of minimum wages and fringe benefits required herein.

V. This wage determination applies to United States East, West, and Gulf Coasts.

** 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.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

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 (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(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 the 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, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

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 ensure 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.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Assistant Engineer

A qualified officer in the engine department.

Chief Engineer

Any person responsible for the mechanical propulsion of a vessel and who is the holder of a valid license as Chief Engineer.