| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to the prevailing wages on public works; |
| Bill Description | Concerning the prevailing wages on public works. |
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What this bill does
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This bill amends RCW 39.12.015 and changes how the Department of Labor and Industries’ industrial statistician determines the prevailing rate of wage for public works. Until May 31, 2027, the statistician must set the prevailing rate by adopting the hourly wage, usual benefits, and overtime found in collective bargaining agreements (CBAs), and where more than one CBA exists in a county the higher CBA rate prevails. For contracts bid or awarded on or after June 1, 2027, the statistician must adopt CBA rates for trades with CBAs and, except for ship building and ship repair (where the higher CBA rate still prevails), determine the prevailing rate by the CBA rate that represents the majority of workers in the county or, if no majority, the plurality. Where no CBA exists, the statistician continues to establish the rate using wage and hour surveys or other appropriate methods.
The bill also makes procedural changes to appeals and enforcement: the time period for recovery of wages owed is tolled until the prevailing wage determination is final; interested parties may appeal a determination but must allege and prove by competent evidence that the rate used is not the majority or plurality rate; work continues under the statistician’s rate during appeals; hours-worked data generally may not be used to set rates when CBAs exist, except to resolve appeals. The text defines “industrial statistician” and ties the “prevailing rate of wage” to CBA terms or to the definition in RCW 39.12.010 when no CBAs exist.
This is a modification of existing law implementing substantive and procedural changes to prevailing wage determinations and appeal procedures (not a new criminal provision or penalty change). The extract references RCW 39.12.017 and RCW 39.12.010(1) but does not include their text, and it is not clear from these facts whether any other sections of the bill make additional changes to related statutes.
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Why it matters
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If enacted, the department official who sets prevailing wages will use the pay, benefits, and overtime listed in local collective bargaining agreements instead of doing wage surveys where CBAs exist, with short-term rules through May 31, 2027 that pick the higher CBA rate when multiple agreements exist in a county and a new rule beginning June 1, 2027 that picks the CBA rate representing the majority (or the largest group if no majority) except for ship building and repair where the higher rate still wins. This will change how contractors price public works and how much public agencies and project owners pay for covered trades: some contractors may face higher labor costs or more variability in bid pricing depending on which CBA becomes controlling, while unions and multiemployer bargaining representatives gain more practical influence because their CBAs will directly determine rates and they may be asked for input.
The Department of Labor and Industries will have new procedural responsibilities to identify majority or plurality rates, solicit input from signatory parties, and handle appeals; appeals must prove the chosen rate is not the majority/plurality and work continues under the chosen rate while appeals proceed, and wage recovery is tolled until the statistician’s determination is final. The change likely raises administrative workload and dispute risk for L&I and for contractors and workers who may need to litigate which CBA governs; there is some uncertainty about how this will interact with other referenced statutes because their text was not provided.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/20/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $904,110.38 |
| PUBLIC WORKS |