PRINTER'S NO. 792
No. 728 Session of 1993
INTRODUCED BY VEON, VAN HORNE, DALEY, OLASZ, TRELLO, RAYMOND,
DERMODY, MELIO, BELFANTI, GIGLIOTTI, PISTELLA, LEVDANSKY,
LAUGHLIN AND LEDERER, MARCH 22, 1993
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 22, 1993
AN ACT
1 Providing for the establishment of prevailing wages for certain
2 airport employees.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Pennsylvania
7 Airports Prevailing Wage Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Airport." An airport of entry and departure for
13 international air traffic where the formalities incident to
14 customs, immigration, public health, animal and plant quarantine
15 and similar procedures are carried out and which is located in a
16 county of the first or second class.
17 "Fixed-base or in-flight services." Services, including, but
1 not limited to, the following types of work: fueling and oiling
2 aircraft, cleaning aircraft, baggage handling, catering, food
3 and beverage service, terminal facilities work, mechanical work
4 related to the maintenance of fuel and ground equipment,
5 maintenance and operation of tank farms, underground systems,
6 unloading fuel from overland transports or barges, and other
7 related work.
8 "Ground employees." All individuals employed by fixed-base
9 or in-flight service companies performing types of work,
10 including, but not limited to, the following: fueling and oiling
11 aircraft, cleaning aircraft, baggage handling, catering, food
12 and beverage service, terminal facilities work, mechanical work
13 related to the maintenance of fuel and ground equipment,
14 maintenance and operation of tank farms, underground systems,
15 unloading fuel from overland transports or barges, and other
16 related work.
17 "Prevailing wage." The wage determined by the Secretary of
18 Labor and Industry to be normal and customary for the various
19 classes of ground employees at the airports.
20 "Secretary." The Secretary of Labor and Industry of the
21 Commonwealth, or his designee.
22 "Wage." The basic hourly rate of pay and supplements. The
23 term "supplements" means fringe benefits, including medical or
24 hospital care, pensions, compensation for injuries or illness
25 resulting from occupational activity or insurance to provide any
26 of the foregoing, unemployment benefits, life insurance,
27 disability and sickness insurance, accident insurance, vacation
28 and holiday pay, costs of apprenticeship or other similar
29 programs, and other bona fide fringe benefits not otherwise
30 required by Federal, State or local law.
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1 Section 3. Prevailing wage.
2 The rate of wages for all ground employees employed under a
3 contract for fixed-base or in-flight services to aircraft at
4 international airports in counties of the first class and second
5 class shall not be less than the prevailing rate of wages for
6 work of a similar nature performed at the international
7 airports.
8 Section 4. Specifications.
9 The specifications for every contract for fixed-base or in-
10 flight services to aircraft to be performed at international
11 airports in counties of the first class and second class shall
12 contain a provision stating the minimum wage rate that must be
13 paid to the ground employees in the performance of the contract.
14 Section 5. Predecessor contracts.
15 No contractor or subcontractor under a contract which
16 succeeds a contract subject to the provisions of this act and
17 under which substantially the same services are furnished shall
18 pay any ground employee under such contract less than the wages
19 and fringe benefits, including accrued wages and fringe
20 benefits, and any prospective increases in wages and fringe
21 benefits provided for in a collective bargaining agreement as a
22 result of arm's-length negotiations, to which such ground
23 employees would have been entitled if they were employed under
24 the predecessor contracts.
25 Section 6. Dispute resolution.
26 In case any dispute arises as to what are the prevailing
27 rates of wages for work of a similar nature applicable to a
28 contract for fixed-base or in-flight services to aircraft, the
29 matter shall be referred to the secretary, and his decision
30 shall be conclusive on all parties to the contract.
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1 Section 7. Failure to comply; termination.
2 In any case where the secretary determines that any person or
3 firm has failed to pay the prevailing wages in accordance with
4 this act, he may direct the termination of the contractor's
5 right to perform fixed-base or in-flight services to aircraft at
6 the international airports.
7 Section 8. Effective date.
8 This act shall take effect in 60 days.
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