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Issue 3 - the Montana Secretary of State Website

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-403-<br />

Response 12: The department notes that wage rates and benefit rates are set<br />

separately, as provided by ARM 24.17.121. As an example, survey data for a given<br />

district may include information showing that more than 50 percent <strong>of</strong> <strong>the</strong> workers<br />

receive a given wage and a given benefit amount. The wage amount might be<br />

higher than <strong>the</strong> collectively bargained rate, but benefits amount might be lower than<br />

<strong>the</strong> collectively bargained rate. The wages from <strong>the</strong> survey would be subject to <strong>the</strong><br />

provisions <strong>of</strong> law that restrict <strong>the</strong> wage rate from being higher than <strong>the</strong> collectively<br />

bargained rate, and thus <strong>the</strong> prevailing rate established would be capped at <strong>the</strong><br />

"union rate." The surveyed benefit rate, being lower than <strong>the</strong> union rate, would<br />

prevail.<br />

Comment 13: Larry Mayo, PNWRCC Local #112, submitted additional data for<br />

Carpenters in district 3.<br />

Response 13: The department has incorporated <strong>the</strong> data in line with <strong>the</strong> rate-setting<br />

procedures. The revised rates are identified below in paragraph 5.<br />

Comment 14: Roger Johanson, PNWRCC, provided notice to <strong>the</strong> department that<br />

<strong>the</strong> wage rate for Carpenters in district 10 is higher than <strong>the</strong> CBA submitted to <strong>the</strong><br />

department.<br />

Response 14: The department has reviewed <strong>the</strong> information submitted. The wage<br />

rate <strong>of</strong> $29.00 was set in error. The correct wage rate will be $19.00. The correction<br />

is noted in paragraph 5.<br />

4. The rule has been amended exactly as proposed.<br />

5. The following rates in "The <strong>State</strong> <strong>of</strong> <strong>Montana</strong> Prevailing Wage Rates –<br />

Building Construction Services" publication incorporated by reference in <strong>the</strong> rule<br />

have been amended as follows, stricken matter interlined, new matter underlined:<br />

Electricians<br />

District Wage Benefit<br />

1 $27.10 $27.02 $ 8.83 $9.89<br />

3 $25.46 $26.27 $10.92<br />

6 $26.11 $26.29 $ 9.72<br />

Carpenters<br />

District Wage Benefit<br />

1 $18.49 $18.96 $6.48 $6.67<br />

3 $22.28 $22.50 $7.25 $8.10<br />

8 $17.13 $18.00 $7.67 $8.12<br />

10 $29.00 $19.00 $8.40<br />

3-2/11/10 <strong>Montana</strong> Administrative Register

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