Prevailing wage/public works

AN ACT Relating to the prevailing wages on public works; and 1
amending RCW 39.12.015. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 39.12.015 and 2019 c 29 s 2 are each amended to read 4
as follows: 5
(1) All determinations of the prevailing rate of wage shall be 6
made by the industrial statistician of the department of labor and 7
industries. 8
(2) The time period for recovery of any wages owed to a worker 9
affected by the determination is tolled until the prevailing wage 10
determination is final. 11
(3)(((a) Except)) Until May 31, 2027, except as provided in RCW 12
39.12.017, and notwithstanding RCW 39.12.010(1), the industrial 13
statistician shall establish the prevailing rate of wage by adopting 14
the hourly wage, usual benefits, and overtime paid for the geographic 15
jurisdiction established in collective bargaining agreements for 16
those trades and occupations that have collective bargaining 17
agreements. For trades and occupations with more than one collective 18
bargaining agreement in the county, the higher rate will prevail.19
(((b))) (4) For contracts bid or awarded on or after June 1, 20
2027, except as provided in RCW 39.12.017, and notwithstanding RCW 21
S-0586.1
SENATE BILL 5293
State of Washington 69th Legislature 2025 Regular Session
By Senators King and Liias
Read first time 01/15/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5293
39.12.010(1), the industrial statistician shall establish the 1
prevailing rate of wage by adopting the hourly wage, usual benefits, 2
and overtime paid for the geographic jurisdiction established in 3
collective bargaining agreements for those trades and occupations 4
that have collective bargaining agreements. For trades and 5
occupations with more than one collective bargaining agreement in the 6
county other than ship building and ship repair rates:7
(a) The industrial statistician shall determine and prevail the 8
rate that represents the majority of workers, laborers, or mechanics 9
in the same trade or occupation under the collective bargaining 10
agreements. In the event there is not a majority of workers, 11
laborers, or mechanics in the same trade or occupation paid at the 12
same rate, then the rate representing the most workers, laborers, or 13
mechanics in the same trade or occupation shall prevail. The 14
industrial statistician shall consider the applicable collective 15
bargaining agreements and may seek input from the labor and 16
management signatory parties and their multiemployer bargaining unit 17
representatives, if applicable, regarding which rate is the majority 18
rate, or the rate representing the most workers, laborers, or 19
mechanics in the same trade or occupation in the event there is no 20
majority. In no case where there is a collective bargaining agreement 21
within a county, shall the industrial statistician conduct wage 22
surveys or otherwise apply hours worked data to set the prevailing 23
rate of wage, except that it may apply hours worked data to resolve 24
an appeal under (b) of this subsection.25
(b) An interested party may appeal a determination by the 26
industrial statistician under this subsection. The interested party 27
must allege and prove by competent evidence that the actual rate used 28
in the determination is not the rate representing the majority number 29
or plurality of workers, laborers, or mechanics in the same trade or 30
occupation under the collective bargaining agreements. Until final 31
determination thereof, the work in question shall proceed under the 32
rate established by the industrial statistician.33
(5) Notwithstanding RCW 39.12.010(1), for contracts bid or 34
awarded on or after June 1, 2027, for ship building and ship repair 35
the industrial statistician shall establish the prevailing rate of 36
wage by adopting the hourly wage, usual benefits, and overtime paid 37
for the geographic jurisdiction established in collective bargaining 38
agreements for those trades and occupations that have collective 39
bargaining agreements. For the ship building and ship repair trades 40
p. 2 SB 5293
and occupations with more than one collective bargaining agreement in 1
the county, the higher rate will prevail. 2
(6) For trades and occupations in which there are no collective 3
bargaining agreements in the county, the industrial statistician 4
shall establish the prevailing rate of wage as defined in RCW 5
39.12.010 by conducting wage and hour surveys. In instances when 6
there are no applicable collective bargaining agreements and 7
conducting wage and hour surveys is not feasible, the industrial 8
statistician may employ other appropriate methods to establish the 9
prevailing rate of wage. 10
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p. 3 SB 5293