Bill Text: PA HB1543 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for definitions, for specifications and for duty of secretary; and providing for protection of a workman.

Spectrum: Partisan Bill (Republican 28-0)

Status: (Introduced - Dead) 2012-07-02 - Laid on the table [HB1543 Detail]

Download: Pennsylvania-2011-HB1543-Amended.html

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PRIOR PRINTER'S NO. 1892 PRINTER'S NO. 3061
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1543 Session of2011
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 <--
specifications and for duty of secretary; and providing for <--
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 <--
(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, <--
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--
* * *
(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 <--
include work on projects on property owned or held by nonprofit
historical organizations or land conservancies. The term shall <--
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."
* * *
Section 3. Specifications.--(a) The specifications for <--
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
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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: <--
Section 13.1. Protection of a Workman.--(a) No contractor
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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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