MBTA and Fairview Company, Inc. executed a contract to furnish janitorial services at MBTA commuter facilities. The plaintiff, Service Employees International Union, Local 254 (Union), filed this suit claiming the contract violated both G. L. c. 149, § 27H and a letter agreement between the MBTA and the Union. The motion is based upon the following Prevailing wage law does not apply to the MBTA.
Upholds predetermined wage rate for workers who engage in tree trimming for the various municipal electric and gas companies throughout the state.
The predetermined wage must be paid to teamsters,. who participate in the on-site installation of the materials being delivered, including but not limited to teamsters who are hauling and_applying bituminous concrete or ready-mix concrete and teamsters who are hauling and installing jersey barriers, on highway, road and other construction projects in the Commonwealth, excluding teamsters who only haul to and from the site.
The Town of Yarmouth and the Dennis-Yarmouth Regional School District contested certain wage determinations for two public projects, whether the minimum wage determinations rendered by The predetermined wage must be paid to teamsters,. who participate in the installation of the materials.
Duxbury High school sustained fire damages and was requesting assistance to expedite repairs and and avoid the length of a public bidding process.
Prevailing wage rate for a chain saw operator.
Whether the wage requirements and public bidding requirements of chapter 149 apply to certain proposed construction work on a Duxbury school to be performed pursuant to an insurance contract.
The "warranty work" to be completed on the Lynn City Hall roof is not subject to the prevailing wage requirements.
The issue whether firms which repair roadways following the installation of cable underneath such roadways for non-public companies must pay their employees prevailing wage. The determination of the Department of Labor and Industries that the work described is not public construction and is therefore no tsubject to the" prevailing wage requirements.
The Department has determined that the work in question is part of the Deer Island public works project and, therefore, all employees working on the erection of the chemical storage tanks at the East Boston location are required to be paid wages as prescribed by this Department for the Deer Island project.
Prevailing Wage Classifications.
Prevailing Wage Rate for Pneumatic Compactor Operators.
Prevailing wage determination regarding sidewalk construction and repair public works project to be performed in Plymouth.
Massachusetts's prevailing wage laws apply to operations when performed in connection with public works construction projects, which include Architectural and design firms which prepare contract specifications which include soil exploration and boring operations.
West Tisbury Elementary School: Carpenter Wage Rates.
Whether prevailing wage requirements are applicable to the Cathedral Development/Phase II Modernization Project which is currently being undertaken as a public housing project by the Boston Housing Authority. Partially State-funded projects on which federal funds were also being used and the federal prevailing wage rates were required, the higher of the two rates had to be paid.
The M025V Engineering Field Survey Contract is not subject to the Massachusetts Prevailing Wage Law. The work encompassed by the M025V Engineering Field survey contract, is not work done "preliminary to the construction of public works"
Answers to questions regarding prevailing wage.
Prevailing Wage; Trash Hauling
Wage determination appeal; Central Artery/Tunnel project; engineering field survey services contract (M025V).
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The Martha's vineyard Commission is an agency of the Commonwealth for purposes of the prevailing wage law and, therefore, any construction, alteration, or repair of its facilities which it undertakes will be subject to the statute's wage requirements.
Wage determination appeal; town of Framingham; contract for landscape maintenance services at the former Cushing Hospital. Landscape maintenance is not mentioned among the list of activities in § 27D which the legislature delineated as constituting public works construction.the initial determination made by DLI that the work in question is subject to the Commonwealth's prevailing wage requirements is hereby reversed.
Wage determination and job classification appeal; town of Falmouth, Dept. of Public Works, contractor for bituminous concrete repair of utility trenches. Original determination of wage rates and job classifications provided are upheld.
Barrington case concludes that the transportation and disposal of sludge does not adhere to Prevailing Wage Rates.
Cities and towns have been operating under the erroneous assumption that if a significant portion of the funds used to finance these projects are provided by the utility company or other private funding source, then prevailing wage requirements are necessarily inapplicable. Depending on the contract, the prevailing wage requirements may apply.
Request that determine whether prevailing wage laws apply to repair and replacement work which will be performed on residential septic systems as part of a financial assistance program administered by the Commonwealth's Dept. of Environmental Protection. Because the homeowners are responsible for hiring the contractors themselves, the construction work to be performed on the septic systems is not subject prevailing wage.
The replacement of light fixtures in various public school buildings under Massachusetts Electric's energy conservation program, DLI has determined that prevailing wage rates do not apply.
The operation of a barrier transport vehicle ("BTV") for the HOV lane, which is to be performed under a Massachusetts Highway Department ("MHD") contract, is subject to prevailing wage.
Tow truck operators working under Massachusetts Highway Department Contract are not subject to Prevailing Wage Rates
The department of Labor and Industries has determined that prevailing wage rates do not apply to the operation of a landfill owned by the Town of Greenfield.
The department of Labor and Industries has determined that prevailing wage rates do not apply to the operation of a landfill (contract # 1996-21) owned by the Town of Needham.
The Department of Labor and Industries determined prevailing wage does not apply to the rehabilitation of the Bassett House in Chatham, MA, since this portion of the work will involve no public money and the contractors will be donating as much material and labor as possible.
Electrostatic painting of any public building, including stairways, doors, casings, hand railings and lockers, would require that all persons working on the project be paid the prevailing wage. The painting of furniture, would not he covered by the prevailing wage law because furniture is not considered a "public building or a public work".
Questions regarding the Massachusetts prevailing wage law.
Chapter 149 that all projects undertaken by "the commonwealth, or by a county, town, or district" require payment of prevailing wage rates
Prevailing wage law do not apply to contracts for metal disposal services or demolition disposal services in Williamstown, MA case
Prevailing Wage Rates apply to South Shore Regional Refuse Disposal Planning Board Grinding Services Contract
Peabody Municipal Light Plant seeks a declaration that neither the competitive bidding nor prevailing wage laws applies to four contracts it let in connection with the alteration, repair, and upgrading of its utility lines.
Concerning the proper job classification for persons performing insulation work on the Weymouth Police Station project. Department of Labor and Industries amended the job category of"Insulator" on all future wage schedules to more accurately reflect the proper trade jurisdiction.
Prevailing wage law does not apply to the delivery of diesel fuel and unleaded gasoline to the Deer Island Project, along with the removal of waste oil. The work involved is not "construction" and a significant nexus does not exist between the work of this contract and the public works project.
Prevailing wage law does not apply to contracts of the town of Williamstown metal disposal services and demolition disposal services.
Inquiring whether prevailing wage law applies to persons employed as field engineers on public works projects,including MWRA's Boston Harbor Project. Field engineers hired to provide pre-construction survey data for design and engineering purposes are not subject to the prevailing wage law. Field engineers employed on all construction projects utilizing a wage schedule issued prior to November 16, 1995 are required to be paid prevailing wage rates.
Inquiry regarding the establishment of a new job classification for oil/gas burner technician on prevailing wage schedules. The trade description for plumbers and pipefitters in the collective bargaining agreement covers most of the work done on heating systems. The appropriate wage rate for the Scituate heating system contract is the rate for plumbers and pipefitters.
Bioengineering and Riverbank Erosion Control for the Connecticut River. WMECO and NUSC are private companies, that the work will be performed on private land, and that the only public money to be used on this project will be EPA money allocated through the Mass. DEP, Massachusetts prevailing wage law do not apply.
Since moving of school furniture (i.e, student desks, chairs, etc.) is not part of an office within a school, the contract at issue is not subject to the prevailing wage requirements.
Chapter 149 that all projects undertaken by "the commonwealth, or by a county, town, or district" require payment of prevailing wage rates
The construction of the Aliens Pond Wildlife Sanctuary septic system on property owned by the Massachusetts Audubon Society in South Dartmouth. It will be constructed with federal money for the benefit of a private property owner on privately-owned land, the Project is not "public works" construction and prevailing wage law does not apply.
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The Towns of Pepperell and Groton under which Pepperell would, using its regular employees, to install and maintain a lateral sewer system in Groton. Regular employees of a municipality are not subject to the prevailing wage provisions unless they are involved in the "construction, addition to or alteration of public buildings" and the project has been funded by a "special appropriation of more than one thousand dollars."
City of Springfield and Sabis International will engage the work of "mechanics· and apprentices, teamsters, chauffeurs and laborers". The construction of modular buildings and other on-site work by a charter school is a "public works construction project" and is subject to the requirements of the prevailing wage law.
Clarification of permissible work under the "telecommunication technician" job classification on prevailing wage projects. Installation of fire alarm systems must be performed by a journeyman electrician on all public works construction projects.
The occupational classification of "pump operator (grout, concrete, etc.)", as appearing on a 1995 rate sheet, would be applicable to operators of waste water pumps in the Boston area.
The Emergency Response Services section of the Dept. of Environmental Protection's Proposal includes emergency oil spill cleanup and containment; hazardous materials emergency response; and asbestos containment and removal. Each of these categories of work involves the "construction of public works" thus require payment of prevailing wage rates.
W. Barrington Company, Inc., a contractor which supplied motorized street sweepers with operators for such sweepers under contract with city The Appeals Court held that the sweeping of public ways is a "public works" and prevailing wage applies.
Construction related work at Massapoag Estates, a private development, located in the Town of Mansfield cannot be construed as "public works construction" therefore prevailing wage does not apply.
Prevailing Wage Law does not apply to Topsfield Sanitary Landfill Contractor operators of trucks, vehicles or other equipment. -in this case Eirco Environmental, LLC.
The balancing work done following the installation of a new HVAC system in the Oak Hill Project in Attleboro is subject to prevailing wage.
The operators of the drawbridge over the Fore River in Quincy (the "drawbridge") during the upcoming rehabilitation project (Massachusetts Highway Department project # 110651. It will be an integral part of the project and the prevailing wage rates will apply.
Construction-related work of the private warehouse and shipping facility at the Summit Lock Industrial Park in the City of Westfield can not be 'construed as "public works construction" for the purpose of the prevailing wage law.
An employer is entitled to deduct the employer's contributions to a bone-fide plan. As long as the combined total of an employee's base wage and allowable fringe benefit contributions equals or exceeds the prevailing wage for the proper occupational classification, an employer is in compliance with the prevailing wage law.
The field engineers and surveyors engaged in construction layout activities of the Secondary Treatment Facility, Battery C, for the Massachusetts Water Resources Authority Contract #6159, are engaged in "public works construction" for the purpose of the prevailing wage law.
The prevailing wage law applies Felix A. Marino Co., Inc, performs maintaining and repairing ways pursuant to contracts with Massachusetts municipalities; the Employee Retirement Inc Security Act (ERISA) does not preempt the prevailing wage law.
Work performed at the site of a public work, namely the installation/disassembly of the temporary boiler and construction of a shed to house it by Acme Boiler Rental Inc, requires the payment of prevailing wage rates.
Ready-mix drivers who have a "significant nexus" to a work site were subject to the prevailing wage law.
Regarding construction-related work on property which the Town of Hamilton (Hamilton) intends to sell to a private developer. Commercial facility will be constructed for private concerns and gain, it cannot be considered construction of "public works." The only issue is whether improvements to the parking area owned by Hamilton can be considered construction of "public works."
Discussed is Prevailing Wage Rates for the Cleaning of Public Building or Space Rented by the Commonwealth.The agency argued that because the three signatory contractors pay part-time employees at the higher full-time rate on current state contracts, they are at a competitive disadvantage when bidding on future public contracts which allow the part-time rate to be paid. The full-time and part-time rates established in the S.E.I.U. (union) agreement are reflected on the prevailing wage schedules issued by our office.
Septic system repair work under the betterment program is not covered by the Massachusetts prevailing wage requirements.
An appeal was received by the Department of Labor and Industries on September 12, 1988 from five members of Local 3, International Brotherhood of Firemen, Oilers and Maintenance Helpers regarding a project for Boston Public Library. It was found maintenance/Repair are included under the law. Therefore, The appeal was denied.
The city of Worcester requested clarification of a certain occupational classification appearing on a prevailing wage schedule. All employees who are directly engaged in the application of either waterproofing or caulking material should be paid in accordance with the "bricklayer/mason", waterproofing/plasterer" classification. Other employees who perform semi-skilled labor, such as delivering materials to other craftsmen or debris cleanup, should be paid the "laborer" rate.
The city of Worcester requested clarification of a certain occupational classification appearing on a prevailing wage schedule. issued for the construction 'ofthe Norrback Magnet School, regarding the roofing sub-trade.
Requesting clarification regarding Wood-Frame Carpenter classification in relation to Prevailing wage law.
Town of Adams, Westchester Modular Homes/CDBG Grant Project which is construction of the residential units cannot be construed as "public works construction", Therefore, the provisions of prevailing wage law, will not apply to this project.
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Project Coordinator of the Living Wage Ordinance Office of Jobs and Community Services asked what kinds of contracts and whether contracts subject to the state purchasing law are covered by the prevailing wage law. Because the state purchasing laws apply to purchases of supplies and equipment, such purchases would generally not be covered by the prevailing wage law except for those cases in which the purchase contract involves the vendor's provision of a type oflabor covered by the prevailing wage law.
The Foundation For Fair Contracting asked for clarification regrading services commonly performed by field engineers during a typical building construction project, including establishing bench marks for foundations, right of way clearances, grades and elevations, are specifically mentioned in the agreement and are subject to the prevailing wage law.
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This letter answered the City of Everett regarding the fact prevailing wage law does not apply to public employees unless (1) they are involved in the "construction, addition to or alteration of public buildings" and (2) the project has been funded by a "special appropriation of more than one thousand dollars."
The Attorney General-of the Commonwealth of Massachusetts seeks a declaratory judgement determining that the Town of Burlington's contract awarded to Vining Disposal Service, Inc., (Vining Disposal Service uses trucks to collect and haul trash to a sanitary landfill,) involves the performance of "public works" which requires the payment of "prevailing wage rates" to its employees. The Court went on to hold that the sweeping of public ways by motorized equipment was a function commonly performed under the direction of departments of Public Works in cities and towns, so that prevailing wage was applicable even though no physical construction of public facilities was involved.
Simplex Time Recorded, Inc.'s contract with Massport, some work under the contract is "parts replacement", an action tantamount to a repair. Consequently, a person employed by Simplex who performs fire alarm repairs at Massport-owned facilities is subject to the prevailing wage law under the classification of Fire Alarm (repair/maintenance). The remaining work, i.e. system testing and shut down. is not subject to the prevailing wage law.
Trash collectors who were employed by independent contractor which provided refuse collection and disposal services to town were entitled to prevailing wage rates, pursuant to statute governing wages of operators of rented equipment engaged in public works. M.G.L.A. c. 149, § 27F.
The specifications included in the Invitation for Bids issued by Barnstable County state that the county is soliciting bids for "a service contract to perform electrical work". Prevailing wage law applies to work done by electricians in the County's Invitation for Bids.
The prevailing wage law applies to "construction" of public works. Prevailing wage law defines "construction" to include "additions to and alterations of public works". Therefore, activities related to fire alarms and fire alarm systems installed by Data Fire Systems, Inc.
The Town of Templeton will be hiring a contractor to perform the work with private funds acquired from an escrow account made available when the developer defaulted on his obligation to complete the work. After the work is complete, the Town of Templeton will take possession of the road and other appurtenant structures. Since the subdivision is still privately-owned, and the construction work to complete the project will be funded with private funds, this project cannot be considered "public works construction" under the prevailing wage law.
The contract is for the replacement, on an as-needed basis of glass panes in the Suffolk County Jail. The contract is for the repair of a public work, so prevailing wage applies.
Defendants allege, that the defendants, Roads Corporation have shortchanged them on the wages and benefits they were due as employees of the defendants on public works construction projects.
Modular work stations are akin to furniture, and designed to provide flexible interior office space. They are not part of the buildings that house them. The installation, repair, or disassembly of modular work stations cannot be considered a construction project, Any alterations to public buildings in connection with the installation, repair, or disassembly of modular work stations would, however, require the payment of prevailing wage.
Massachusetts Municipal Association requested a determnation on the question of whether the Massachusetts prevailing wage law, M.G.L. ch. 149, § 27F, applies to contracts or arrangements for "snow removal" by awarding authorities in the Commonwealth. prevailing wage rates must be paid for snow removal.
Asplundh Tree Expert Co. asked for clarification of prevailing wage law.
"Materialmen" are not covered by the prevailing wage law unless they participate in the installation of materials at the work site.Transportation of materials "over-the-road," the prevailing wage law requires that "all persons engaged in transporting gravel or fill to the site of [a] public works [project] or removing gravel or fill from such site, regardless of if such persons are employed by a contractor or subcontractor or are independent contractors or owner-operators" , receive prevailing wage rates. Additionally, prevailing wage rates must be paid for the "over-the-road" portion of the work performed by persons who transport bituminous concrete, ready-mix concrete, jersey barriers, and other material to public works sites and participate in the installation of those materials.the "mechanic" classification applies to persons who work on equipment at a public works site in order to assemble, adjust, disassemble, or maintain proper functioning of the equipment, such as oilers. If the equipment is not functioning, regardless of whether it is located at a public works site, prevailing wage rates need not be paid to the mechanic(s) who perform repairs to return the equipment to service.
DOS amended the occupational classifications for field engineers to include heavy construction in addition to building and site work. It is your contention that DOS should not include heavy construction on the occupational classifications for field engineers because an informal arrangement was reached in 19951 that limited their applicability to building and site work. The 1995 arrangement was based on DOS following the "Scope of Agreement" section of the Local4E agreement for the field engineering categories as it appeared in 1995. Heavy construction is now listed on the wage schedules precisely because, as of 1996, that work is covered in the "Scope of Agreement" section of the Local4E agreement. The occupational classifications for field engineers will continue to include heavy construction until the informal arrangement of 1995 is altered or dissolved, or there is a change in the "Scope of Agreement" section of the Local4E collective bargaining agreement.
Massachusetts Highway department requested clarification of the proper classification to be applied to the operators of the barrier transport Vehicle. A similar wage schedule was issued on October 26, 1999 for a new, upcoming contractor the same services. That wage schedule contained the occupational classification "Two-Axle Equipment" that should be applied to operators of the BTV.
The testing and balancing of HVAC systems, when conducted as part of a construction or alteration project,would require payment of prevailing wage rates.
As of this week, all prevailing wage schedules issued by the Division of Occupational Safety ("DOS ") have been made more clear by including the following more detailed occupational classifications for painters on public works projects who mark lines and apply paint to roads, highways, parking lots, playgrounds, and other similar surfaces: Painter (Traffic Markings, New) Painter (Traffic Markings, Repaint) Painter/Taper (Brush, New) Painter/Taper (Brush, Repaint) Painter (Spray or Sandblast, New) Painter (Spray or Sandblast, Repaint) Painter (Bridge).