Opinion Letter
PW-2006-07-10.16.06

October 16, 2006

I am writing in response to your request for this Office's written opinion regarding the applicability of the Massachusetts Prevailing Wage Law, G.L. c. 149, §§26-27. Specifically, you have asked for the proper job classification for technicians installing or repairing security, intrusion, card access, closed circuit television, and sound systems on public works construction projects in the following municipalities: AAAA, BBBB, CCCC, DDDD, EEEE, FFFF and GGGG.

As you know, the Division of Occupational Safety (DOS) issues prevailing wage schedules, which include occupational classifications and wage rates, for public works construction projects based on "collective bargaining agreements in the private construction industry between organized labor and employers. See G.L. c. 149, §26. Additionally, DOS looks to these agreements to establish craft jurisdictions.

For the town of AAAA, Electrical Workers Local 103's Telecommunications Agreement (between the Local 103 and the Electrical Contractors' Association of Greater Boston, Inc.) establishes the craft jurisdiction for the Telecommunication Technician occupational classification and wage rate. The relevant portion of this agreement is attached for your reference. For all the other municipalities included in your request, Electrical Workers Local 223's Telecommunications Agreement (between Local 223 and the Rhode Island and Southeast Massachusetts Chapter, National Electrical Contractors Association, Inc.) establishes the craft jurisdiction for the Telecommunication Technician occupational classification and wage rate. The relevant portions of these agreements are attached for your reference. Electrical work not included within the scope of work covered by these telecommunications agreements is performed by journeymen electricians and the appropriate rate on the prevailing wage schedules is Electrician.

I hope this information has been helpful. If you have any further questions, please feel free to contact me at---.

Sincerely,
Lisa C. Price
Deputy General Counsel