September 24, 2002
Re: Determination of Classification: Installation of Metal Lockers in Public Building
Your letter dated September 4, 2002 to Robert J. Prezioso of the Division of Occupational Safety ("DOS") has been forwarded to me for a response. This letter responds to your request for a determination as to the applicable occupational classification for the permanent installation of sheet steel wardrobe, athletic, and corridor lockers in a public building located in XXXX.
You describe the following types of activities in your letter:
- The workers install and bolt freestanding wardrobe and athletic lockers onto concrete bases, which are constructed by a mason prior to the installation.
- The workers also install and bolt heavy-duty corridor lockers to wood bases on the wall, which are constructed by a carpenter prior to the installation.
The Division of Occupational Safety ("DOS") issues prevailing wage schedules, which include occupational classifications and rates of wages, for public works construction projects based on "collective bargaining agreements or understandings in the private construction industry between organized labor and employers." ( See M.G.L. ch. 149, § 26)
All work described above falls under the occupational classification of Carpenter. ( See the attached collective bargaining agreement between The New England Regional Council of Carpenters and the Labor Relations Division of Associated General Contractors of Massachusetts, Inc. and the Building Trades Employers' Association of Boston and Eastern Massachusetts, Inc. and the Labor Relations Division of the Construction Industries of Massachusetts). Article I of that agreement describes the duties of Carpenters and Joiners as follows: "The trade autonomy of the United Brotherhood of Carpenters and Joiners of America consists of milling, fashioning, joining, assembling, erecting, fastening or dismantling of all material of wood, plastic, metal fiber, cork and composition, and all other substitute materials." (emphasis added)
This determination is based on the information that you have provided. If any of the factual information provided by you has changed, please inform me as soon as possible.
If you have any further questions concerning this matter, please do not hesitate to contact me.
Ronald E. Maranian