Paying prevailing wages
Office of the Comptroller ex rel Local 924 v Office of Labor Relations, OATH Index No. 464/10
Office of the Comptroller ex rel Local 1087 v Office of Labor Relations, OATH Index No. 588/10
The "prevailing wage law" requires the City of New York to pay “laborers, workmen and mechanics” in its employ the prevailing rate of wages and benefits paid in the private sector for work in the same trade in the locality.
The City and public sector unions are required to negotiate in good faith to enter into a contract setting the wages and benefits for prevailing wage employees but when negotiations fail, the union may file a complaint with the Comptroller on behalf of its members.
The Comptroller is authorized to conduct an investigation to determine the prevailing wages and benefits for the group of employees and has designated New York City's Office of Administrative Tribunals and Hearings [OATH] to conduct hearings in these matters.
In the Local 924 case OATH Administrative Law Judge Tynia Richard recommended that Laborers and City Laborers be paid wage and benefits in accord with those set forth in the contract for Local 79 mason tenders.
The Office of Labor Relations had contended that cleaners and porters who belong to Local 32BJ are the proper private sector match for the City Laborer and Laborer position. Comparing the work performed by the City Laborers and Laborers to that performed by mason tenders and porters and cleaners, ALJ Richard found the City employees' work more comparable to the mason tenders.
The Local 924 decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-464.pdf
The Local 1087 case concerned a proceeding to set the prevailing wages and benefits for City locksmiths and locksmith supervisors.
The Comptroller and Local 241 sought a determination that both titles be paid wages and benefits in accord with those paid pursuant to a collective bargaining agreement for locksmiths and supervisors at Columbia University.
The Office of Labor Relations argued that the union was not the prevailing one because its members do not comprise 30 percent or more of the locksmiths in New York City.
OATH Administrative Law Judge Addison ruled for the Comptroller and the union. Although the number of Local 241 locksmiths did not independently meet the 30 percent threshold for the title, when combined with Local 348 locksmiths, collectively the union locksmiths exceeded the thirty percent threshold.
ALJ Addison also ruled that where two or more collective bargaining agreements are involved, the prevailing wage may be set by picking the predominant one, here the members of Local 241 who work at Columbia University.
The Local 1087 decision is posted on the Internet at:
http://archive.citylaw.org/oath/10_Cases/10-588.pdf