18 - Section J Attachment 11c - Wage Determination No. 1998-0614.pdf

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WD 98-0614 (Rev.-14) was first posted on www.wdol.gov on 07/28/2009

FL/HH/MS

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

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the of Labor WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage Wage Determination No: 1998-0614 Director Determinations Revision No: 14

Date Of Revision: 07/22/2009

State: Indiana Area: Indiana Counties of Marshall, Saint Joseph

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE TITLE FOOTNOTE RATE

Food & Lodging:

(not set) - Food Service Worker 7.93 07041 - Cook I 10.06 07042 - Cook II 12.20 07070 - Dishwasher 7.25 07250 - Waiter/Waitress 7.25 11060 - Elevator Operator 7.25 11210 - Laborer, Grounds Maintenance 7.93 11240 - Maid or Houseman 7.93 99030 - Cashier 7.93 99050 Desk Clerk (see 1) 7.93

Halfway House & Residential Community Treatment:

(not set) - Food Service Worker 7.93 (not set) - Secretary 11.78 01011 - Accounting Clerk I 10.17 01012 Accounting Clerk II 11. 05 01115 - General Clerk I 9.38 01611 - Word Processor I 9.38 07041 - Cook I 10.06 07042 - Cook II 12.20 07070 Dishwasher 7.25 11150 - Janitor 7.93 11210 Laborer, Grounds Maintenance 7.93 11240 - Maid or Houseman 7.93 23370 - General Maintenance Worker 10.78 27101 - Guard I 9.37 27102 - Guard II 10.08 99050 Desk Clerk (see 1) 9.38

Moving & Storage:

21040 - Material Handling Laborer 8.64 21071 - Forklift Operator 10.06 21130 - Shipping Packer 10.06 21400 Warehouse 10.06 31361 Truckdriver, 10.06 31362 - Truckdriver, Medium Truck 10.78 31363 - Truckdriver, Heavy Truck 11. 48

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31364 Truckdriver, Tractor-Trailer 12.20

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; and 2 weeks after 2 years. Length of service includes the whole span of continuous service with the contractor or successor, wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. ( .29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Ma'rtin Luther King Jr. 's Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Thanksgiving and Christmas Day. (A contractor may sUbstitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174 )

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** 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 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 payment in accordance with the 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 and maintenance is made the ity of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective agreement providing for a different amount, or the furnishing affirmative 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 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

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Page 3 of4 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 benefits paid under the predecessor contract.

Source of Occupational Title and Descriptions: I

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations," Fourth Edition, January 1993, as amended by the Third Supplement, dated March 1997, unless otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238, or by writing to the Superintendent of Documents, U.S. Government Office, Washington, D.C. 20402. Copies of specific job descriptions may also be obtained from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process: I

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(esl 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 list 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 prompt 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 , the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting or http://www.wdol.gov/wdol/scafiles/non-stdJ98-0614.sca 5/7/2010 http://www.wdol.gov/wdol/scafiles/non-stdJ98-0614.sca

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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.

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