12-4-405 - Determination of prevailing wage. - Tennessee Statutes

12-4-405. Determination of prevailing wage.

For purposes of this part, the prevailing wage rate shall be determined as follows:

     (1)  Every contractor, as herein defined, in the state of Tennessee, shall have the right to certify, on contracts entered into, to the commission, on or before October 31 in each year that a determination is to be made, the following:

          (A)  Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and

          (B)  The numbers of hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter;

     (2)  (A)  For purposes of calculating the prevailing wage rate for workers employed by building contractors, the state shall be deemed to consist of twelve (12) areas composed as follows: Area 1, Shelby County; Area 2, Crockett, Dyer, Fayette, Gibson, Hardeman, Haywood, Lake, Lauderdale, Obion, Tipton and Weakley counties; Area 3, Benton, Carroll, Chester, Decatur, Hardin, Henderson, Henry, Houston, Humphreys, McNairy, Perry, Stewart and Wayne counties; Area 4, Madison County; Area 5, Cheatham, DeKalb, Dickson, Macon, Montgomery, Robertson, Smith, Sumner, Trousdale, Williamson and Wilson counties; Area 6, Bedford, Cannon, Coffee, Franklin, Giles, Grundy, Hickman, Lawrence, Lewis, Lincoln, Marion, Marshall, Maury, Moore, Rutherford and Warren counties; Area 7, Anderson, Campbell, Clay, Cumberland, Fentress, Jackson, Morgan, Overton, Pickett, Putnam, Roane, Scott and White counties; Area 8, Hamilton County; Area 9, Bledsoe, Blount, Bradley, Loudon, McMinn, Meigs, Monroe, Polk, Rhea, Sequatchie, Sevier and Van Buren counties; Area 10, Knox County; Area 11, Carter, Claiborne, Cocke, Hancock, Grainger, Greene, Hamblen, Hawkins, Jefferson, Johnson, Sullivan, Unicoi, Union and Washington counties; and Area 12, Davidson County;

          (B)  For purposes of calculating the prevailing wage rate for workers employed by highway contractors, the state shall be deemed to consist of one (1) statewide area;

     (3)  (A)  For purposes of determining the prevailing wage rate for workers employed by building contractors, the commission may issue classifications of crafts of workers and apprentices, including, but not limited to, the following: air conditioning mechanics; air tool operators (jackhammer, vibrator); boilermakers; bricklayers; carpenters; cement finishers; electricians; elevator constructors; glaziers; iron workers, structural; iron workers, ornamental; iron workers, reinforcing; laborers; lathers; marble setters; air compressors; blade graders; bulldozers; cranes, derricks, draglines; distributors; finishing machinists; firefighter oilers; hoists, one (1) drum; hoists, two (2) drum; mixers, 11s and larger; mixers, smaller than 11s; mason tenders; mortar mixers; painters, brush; painters, structural steel; pile driver persons; pipe layers (concrete and clay); plasterers; plasterers' tenders; plumbers; roofers; sheet metal workers; soft-floor layers; steam fitters; stone masons; terrazzo workers; tile setters; welders, receive rate prescribed for craft performing operations to which welding is incidental; truck drivers; motor graders; pile drivers; pumps; rollers; scrapers; shovels; tractors, forty (40) h.p. and larger; tractors, less than forty (40) horse power; and trenching machines;

          (B)  For purposes of determining the prevailing wage rate for workers employed by highway contractors, the commission may issue classifications of crafts of workers including, but not limited to, the following: bricklayers; iron workers, structural; iron workers, reinforcing; carpenters or leadspersons; cement masons; nozzlepersons or gunpersons (gunite); painters or sandblasters; shovel operators; backhoe operators; crane operators; end loaders; pile driver operators; motor patrols, finish; concrete paver operators; mechanics, Class I; mechanics, Class II; motor patrols (rough); bulldozer or push dozer operators; scraper operators; trenching machine operators; central mixing (asphalt or concrete); tractors, booms and hoists; concrete finishing machines; soil cement machines; asphalt pavers; rollers, high type; spreaders, self propelled; distributors, bituminous; roller, other than finish; tractor, crawler, utility; dozers or loaders, stock piles only; concrete mixers, less than one (1) yard; mulchers or seeders; earth drills; scale operators; tractors, farm; curb machines; ditch pavers; pump operators; concrete saws; guardrail erectors; sign erectors; motor crane drivers; fence erectors; firefighters; asphalt rakers; tract drill operators; concrete edgers; powder persons; form setters, steel rods; air tool operators; mortar mixers; chain saws; pipe layers; concrete rubbers; laborers; flaggers; oilers; welder's helpers; mechanic's helpers; electricians; truck drivers, two (2) and three (3) axles; truck drivers, four (4) and five (5) axles or more or heavy duty off-the-road trucks; welders, receive rate for craft performing operation to which welding is incidental;

     (4)  The prevailing wage rate for each area specified in subdivisions (2)(A) and (B) shall be determined by calculating the average hourly rate of pay for each classification referred to in subdivisions (3)(A) and (B). The commission shall determine the prevailing wage annually for highway construction and biennially for building construction from the documentation certified to the commission pursuant to subdivision (1). The commission, if it ascertains that current economic conditions warrant, can adjust the final wage determination as developed by the documentation certified to the commission by adding to or subtracting from the determination a percentage factor of not more than six percent (6%), based on the previous year's prevailing wage rates. Such determination shall be effective until the next determination of the prevailing wage rate pursuant to the terms hereof, unless herein otherwise specifically provided. The prevailing wage rate must be determined pursuant to the provisions of this part and the failure of any contractor or contractors to provide the documentation referred to in subdivision (1) shall not affect such determination;

     (5)  (A)  The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by § 12-4-406. The commission shall take all reasonable steps to verify the survey results submitted to it by contractors pursuant to the provisions of this part, and may, at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission;

          (B)  The prevailing wage commission is urged to continue its efforts to develop an Internet application for the submission of survey forms by contractors and periodically update the general assembly on the progress of such development; and

     (6)  Until such time as the commission makes a prevailing wage rate determination pursuant to the provisions of this part, the prevailing wage rate in effect on April 23, 1975, shall be considered to be the prevailing wage rate.

[Acts 1975, ch. 368, §§ 1, 3; 1978, ch. 696, §§ 1-3; T.C.A., § 12-439; Acts 1983, ch. 218, § 2; 1991, ch. 36, § 1; 2004, ch. 538, § 1.]