THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MILNE, AUMENT, BLOOM, BOYD, CLYMER, COX, EVERETT, FLECK, GABLER, GILLESPIE, GINGRICH, GROVE, KAUFFMAN, F. KELLER, MARSICO, MILLER, MOUL, MURT, PERRY, PICKETT, RAPP, ROAE, ROSS, SAYLOR, SCHRODER, SWANGER AND DENLINGER, MAY 12, 2011

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2012   

AN ACT

Amending the act of August 15, 1961 (P.L.987, No.442), entitled

"An act relating to public works contracts; providing for

prevailing wages; imposing duties upon the Secretary of Labor

and Industry; providing remedies, penalties and repealing

existing laws," further providing for definitions, for

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specifications and for duty of secretary; and providing for

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protection of a workman.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2(5) of the act of August 15, 1961

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(P.L.987, No.442), known as the Pennsylvania Prevailing Wage

Act, amended August 9, 1963 (P.L.653, No.342), is amended to

read:

Section 1.  Sections 2(5), 3 and 7 of the act of August 15,

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1961 (P.L.987, No.442), known as the Pennsylvania Prevailing

Wage Act, amended August 9, 1963 (P.L.653, No.342), are amended

to read:

Section 2.  Definitions.--As used in this act--

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(5)  "Public work" means construction, reconstruction,

demolition, alteration and/or repair work other than maintenance

work, done under contract and paid for in whole or in part out

of the funds of a public body where the estimated cost of the

total project is in excess of twenty-five thousand dollars

($25,000), but shall not include work performed under a

rehabilitation or manpower training program. The term shall not

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include work on projects on property owned or held by nonprofit

historical organizations or land conservancies. The term shall

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not include work on any historic property as defined under 37

Pa.C.S. § 103 (relating to definitions), any property maintained

by a qualified historical and archeological society that

satisfies the criteria under 37 Pa.C.S. § 307 (relating to

qualified historical and archeological societies), any property

maintained by a historic preservation organization or any

property maintained by a land trust that operates under the act

of July 2, 1993 (P.L.359, No.50), known as the "Keystone

Recreation, Park and Conservation Fund Act."

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Section 3.  Specifications.--(a)  The specifications for

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every contract for any public work to which any public body is a

party, shall contain a provision stating the minimum wage rate

that must be paid to the workmen employed in the performance of

the contract.

(b)  No person shall intentionally divide a construction

project into multiple parts for the purposes of circumventing

this act.

Section 7.  Duty of Secretary.--(a)  The secretary shall,

after consultation with the advisory board, determine the

general prevailing minimum wage rate in the locality in which

the public work is to be performed for each craft or

classification of all workmen needed to perform public work

contracts during the anticipated term thereof: Provided,

however, That employer and employe contributions for employe

benefits pursuant to a bona fide collective bargaining agreement

shall be considered an integral part of the wage rate for the

purpose of determining the minimum wage rate under this act.

Nothing in this act, however, shall prohibit the payment of more

than the general prevailing minimum wage rate to any workman

employed on public work. The secretary shall forthwith give

notice by mail of all determinations of general prevailing

minimum wage rates made pursuant to this section to any

representative of any craft, any employer or any representative

of any group of employers, who shall in writing request the

secretary so to do.

(b)  The secretary shall provide written notice acknowledging

receipt of materials submitted by any employer, labor

organization or other association or organization representing a

group of employers or employes for the purposes of inclusion in

the calculation of the prevailing wage rate under subsection

(a). If after review the secretary determines that the submitted

material is incomplete or unacceptable for inclusion in the

calculation of the prevailing wage rate, the secretary shall

send a written statement by mail to the employer, labor

organization or other association or organization representing a

group of employers or employes providing the reasons the

information cannot be used.

Section 2.  The act is amended by adding a section to read:

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Section 13.1.  Protection of a Workman.--(a)  No contractor

or subcontractor may discharge, threaten or otherwise

discriminate or retaliate against a workman regarding the

employe's compensation, terms, conditions, location or

privileges of employment because the workman exercised his

rights under section 11(b) or 13.

(b)    No contractor or subcontractor may discharge, threaten

or otherwise discriminate or retaliate against an employe

regarding the employe's compensation, terms, conditions,

location or privilege of employment because the employe is

requested by the secretary to participate in an investigation,

hearing or inquiry held by the secretary or in a court action.

(c)  (1)  A workman who alleges a violation of this act may

bring a civil action in a court of competent jurisdiction for

appropriate injunctive relief or damages, or both, within 180

days after the occurrence of the alleged violation.

(2)  It shall be a defense to an action under this section if

the defendant proves by a preponderance of the evidence that the

action by the employer occurred for separate and legitimate

reasons, which are not merely pretextual.

(d)  A court, in rendering a judgment in an action brought

under this act, shall order, as the court considers appropriate,

reinstatement of the employe, the payment of back wages, full

reinstatement of fringe benefits and seniority rights, damages

or a combination of the remedies. A court may also award the

complainant all or a portion of the costs of litigation,

including reasonable attorney fees and witness fees, if the

court determines that the award is appropriate.

Section 2 3.  This act shall take effect in 60 days.

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