Opinion Letter

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 confirmation of the proper job classification for persons performing telecommunications work.

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. The telecommunications agreements establish the craft jurisdiction for the Telecommunication Technician occupational classification and wage rate. [1] 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.

Lisa C. Price
Deputy General Counsel

[1] Local 96 entitles its agreement the "Voice-Data-Video Agreement" and the occupational classification is Voice-Data-Video Technician.