Section 9.102. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Pennsylvania Prevailing Wage Act (43 P. S. § § 165-1—165-17).

Apprentice—A person employed and working under a bona fide apprenticeship program, directly related to the particular craft involved in the construction industry and registered with an approved by the Pennsylvania Apprenticeship and Training Council and whose training and employment are in full compliance with the provisions of The Apprenticeship and Training Act (43 P. S. § § 90.1—90.10), approved July 14, 1961.

Authorized deduction—Those deductions which are authorized by the Wage Payment and Collection Law (43 P. S. § § 260.1—260.45), approved July 14, 1961 and the Regulations of the Department of Labor and Industry issued pursuant thereto.

Bona fide collective bargaining agreement—The agreement negotiated between the historically established and recognized bargaining representatives for the employers and of the workmen for the particular crafts or classifications involved providing for applicable wage rates, hours of work, working conditions and contributions for employe benefits as defined in ‘‘contributions for employe benefits’’ in this section.

Classification—Specific categories of jobs which are performed within a ‘‘craft’’ as defined in this section. The term includes those specific categories of jobs which are performed by a ‘‘workman,’’ as defined in section 2(7) of the act (43 P. S. § 165-2(17)) and this section, and ‘‘apprentice,’’ as defined in this section.

Contributions for employe benefits—‘‘Fringe benefits’’ paid or to be paid, including payment made whether directly or indirectly, to the workmen for sick, disability, death, other than Workmen’s Compensation, medical, surgical, hospital, vacation, travel expense, retirement and pension benefits.

Craft—Special skills and trades which are recognized as such by custom and usage in the building and construction industry.

Department—The Department of Labor and Industry of the Commonwealth.

General prevailing minimum wage rates, prevailing wage rates, minimum wage rates and wage rates—Rates as determined by the Secretary, as payable in the locality in which the public work is to be performed, for the respective crafts and classifications, including the amount of contributions for employe benefits as required by the act.

Locality—A political subdivision, or combination of the same, within the county in which the public work is to be performed. When no workmen for which a prevailing minimum wage is to be determined hereunder are employed in the locality, the locality may be extended to include adjoining political subdivisions where the workmen are employed in those crafts or trades for which there are no workmen employed in the locality as otherwise herein defined.

Maintenance work—The repair of existing facilities when the size, type or extent of the facilities is not thereby changed or increased.

Public body—The Commonwealth of Pennsylvania, its political subdivisions, authorities created by the General Assembly of the Commonwealth and instrumentalities or agencies of the Commonwealth.

Public work—Construction, reconstruction, demolition, alteration 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 $25,000. The term does not include work performed under a rehabilitation or manpower training program.

Secretary—The Secretary of Labor and Industry or his authorized deputy or representative.

Workman—Includes laborer, mechanic, skilled and semiskilled laborer and apprentices employed by a contractor or subcontractor and engaged in the performance of services directly upon the public work project, regardless of whether their work becomes a component part thereof. The term does not include material suppliers or their employes who do not perform services at the job site.

Notation

Notes of Decisions

Preemption

The union fund correctly argued that its suit under the Public Works Contractors’ Bond Law (8 P. S. § 191 et seq.) was not preempted by Employee Retirement and Income Security Act (ERISA), 29 U.S.C.A. § 1001 et seq., because the Bond Law made no reference to ERISA plans and was not related to employee benefit plans or the enforcement of those plans. Thus, the Union Fund’s cause of action against the bond insuring company can survive the company’s motion for summary judgment. Carpenters Local 261 Health and Welfare Fund v. National Union Fire Insurance of Pittsburgh, 686 A.2d 1373 (Pa. Cmwlth. 1996) appeal denied 694 A.2d 623 (Pa. 1997).

Cross References

This section cited in 34 Pa. Code § 9.105 (relating to determination of classification and general prevailing minimum wage rates).