[RE-wrenches] HELP! prevailing wage classification?

Thu Feb 12 12:50:36 PST 2009

Wow!  Matt - you are as generous with your epertise as your are expert.  Thank you much... 

Your summary is right on track with our experience (although I was nopt aware of how federal things differed from PA and OH rules). 

GOOD NEWS (I think).  the 2010 SOC will include a new classification #47-2231 "Solar Photovoltaic Installers". how this will affect us is unknown - input anyone?  it is the 2010 document after all. 

Here is a link to the Jan 21, 2009 federal register - Actual federal register document.  Page 3920 lists the changes-  (use adobe "search" funtion for all solar references!) 

http://www.bls.gov/soc/soc2010final.pdf 

> I have a couple reference "rulings" from CA and FL that pretty much sum up what you lay out below.  Should help. 
> 

For a brighter energy future, 
> Geoff Greenfield 
> Founder and President 
> Third Sun Solar & Wind Power Ltd. 
> 340 West State Street, Unit 25 
> Athens, OH 45701 
> 740.597.3111     Fax 740.597.1548 
> www.Third-Sun.com 
> Clean Energy - Expertly Installed 
> 
> 
> ----- "Matt Lafferty" <gilligan06 at gmail.com> wrote: 
> > 
> > Hi Geoff, 
> >   
> > Ain't rebates great! They sure go a long way toward "keeping solar affordable"... 
> >   
> > Generally speaking, Prev Wage has several characteristics, not all of which are "hourly wage". In CA there are wage components like Health & Welfare, Vacation, Training, Hourly Wage, Per Diem... Maybe something else in there too. (These are separate from and do not include Unemployment, Worker's Comp and standard payroll deductions & employer contributions like FICA, State Income Tax, SSI) 
> >   
> > There is often, but not always, a "Certified Payroll" requirement as well. Each component of the "Wage" as well as deductions and employer contributions must be itemized and identified on the "Certified Payroll" report. The wage components are determined by the task being performed, which should fall under a corresponing Classification. (Similar to the Rigger / Electrician classifications you described) In general, a Certified Payroll report must be prepared by either a 3rd Party (Payroll service, CPA, etc.) or can be generated by a Certified and Audited Accounting Program. QuickBooks ain't that. The agency requiring the Certified Payroll is the one who determines what form of Certified Payroll is acceptable and who can provide it.  (In your case it sounds like it's gonna be the grant administrator). 
> >   
> > If you are not working on a Fed project, your state administers the Classification definitions and other requirements under a Labor or Employment Commission / Department. There may also be section of a Government code/statute that applies. In general, the agency administering the program/contract/grant has the authority to accept or reject the classification submitted by the employer (contractor). It is common for these agencies to suffer from HUA syndrome and not really have it together... HUA in the public sector is caused by many things, but a common symptom preceding a full breakout is FBIC (Fat Butt In Chair) syndrome. HUA in the private sector is granted by business schools in the form of an MBA. If there is a corresponding Fed Classification Code for the craft/task/trade, then they normally rubber stamp your paperwork if you use that. 
> >   
> > Since there isn't a "Solar Panel Installer" or "PV Technician" Classification Code, (biting my tongue really hard here..... ) you're gonna have to use whatever existing classifications apply and/or the grant administrator will accept.  Laborer, roofer, and electrician (inside wireman) are common in CA. Payroll gets really burdensome if you have one guy doing all the above and you want to classify & pay according to the separate classifications. Be careful how you set yourself up here... If you elect to "multi-classify", y our Worker's Comp (and maybe liability) will end up being affected. It may not result in you owing more money, but it will end up causing a paperwork and administrative headache. 
> >   
> > It sounds to me like you already multi-classify, and it sounds like you're using responsible classifications (The actual name of the classification varies by state) . As long as these are acceptable classifications to the grant administrator, you should be way ahead of the curve. I recommend submitting the associated craft descriptions  (task descriptions & working conditions, often a copy of a collective bargaining agreement) and the associated wage breakout to the grant administrator and requesting a formal opinion. In writing this time! 
> >   
> > They may or may not have this figured out yet. I do know that the IBEW had a very bad case of heartburn over Ohio's grant program, so the fallout from that might have resulted in an unbalanced or skewed program. Not to be a conspiracist, but it wouldn't surprise me if non-IBEW applications got lost &/or delayed at a higher rate than IBEW applications. Fly-on-the-wall curiosity... 
> >   
> > If they haven't gotten it figured out and well-underway yet, your mission will be to have them accept your current practice.   Somewhere back in time you came up with Laborer / Stager / Electrician / Steel Erector and an associated wage and classification description... 

    1. 
> > Go find that paperwork / source. 
    2. 
> > Make sure you have and are in compliance with the most current version. 
    3. 
> > Adjust your practice as required by #2 above. 
    4. 
> > Organize and compile the documents by classification. 
    5. 
> > Submit your collection to the grant administrator with a cover letter requesting an opinon. Express your interest in helping to expedite this. Be sure to include a note describing how many lost/deferred manhours of work are incurred by your employees with every hour you have to wait for an opinion... Ohio jobs. 
    6. 
> > Follow up with a phone call to make sure they received your submittal. 
    7. 
> > Get the names, phone numbers, email addresses, and titles of everybody who will be involved in review & rendering of the opinion. Get the same info on their supervisors just for a little insurance. 
    8. 
> > Request a hard date for when you can expect an answer. 
    9. 
> > Contact up the food chain and be a helpful pest. You don't want this to linger and you don't want to be on the bottom of the pile. 

> > Good luck! 
> >   
> > Matt Lafferty 
> > gilligan06 at gmail.com 
> > 
> > 
From: re-wrenches-bounces at lists.re-wrenches.org [mailto:re-wrenches-bounces at lists.re-wrenches.org] On Behalf Of Geoff Greenfield 
> > Sent: Thursday, February 12, 2009 7:07 AM 
> > To: RE-wrenches 
> > Subject: [RE-wrenches] HELP! prevailing wage classification? 
> > 
> > 

> > 

Greetings fellow wrenches! 

I am certain (and hopeful) that some of you folks have already been down this road, and can share some advice (and hopefully documents or references) regarding this issue.  I have no problem with unions, (They "brought us the weekend", have done a lot to remedy exploitation and unsafe conditions etc), but we are an "open shop" in a small family owned company where we have great relations with our well paid employees.     

Our meager grant program slipped some fine print into the documents implying that any projects receiving funding (even residential!?) are subject to prevailing wages etc.  It seems that politics and influence has been working behind the scenes, and now we need to figure out how to react. 

We have done plenty of public work and regularly are on PW jobs... Our inquiry into "what class is solar" led to the response (that we unfortunately dont have in writing) to use the classification closest to the task and pay at that level.  We often use labor rates for staging and mechanical assembly, electrical rates for wiring and steel erector rates for wind towers etc...  It was explained to me that "a Rigger would deliver, set and install a big air handler and an electrician would wire it up". 

SO - the "HELP" part- 

can any of you point me toward a ruling or interpretation that helps us defend our practice, or give guidance on the subject? 

Thanks in advance!  Lets keep solar affordable and keep small shop wrenches on the rooftops! 
> > 

For a brighter energy future, 
> > Geoff Greenfield 
> > Clean Energy - Expertly Installed 
> > 
> > 
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