SENATE BILL NO. 118
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §6960(a) of Title 29 of the Delaware by deleting the last sentence in its entirety and substituting in lieu thereof the following:
“The Delaware Department of Labor, Division of Industrial Affairs shall establish the prevailing wage for each respective craft or class of laborers and mechanics at the same rates established in collective bargaining agreements between labor organizations and their employers that govern work of a similar nature and similar crafts or classes of laborers and mechanics for the county where the public works contract will be performed if that particular labor organization’s collective bargaining rate prevailed and they participated in the survey, for that particular trade or craft in that particular county for two consecutive years. The agreed rate of pay designated by the craft’s collective bargaining agreement will become the prevailing wage for a period of five years and the raise be determined by the collective bargaining agreement rate at the time the prevailing wage survey is conducted for that craft, county, and year. If the prevailing wage cannot be reasonably and fairly determined in any locality because no such agreements exists or the collective bargaining rate has not prevailed for two consecutive years the Department shall use the prevailing wage as established by the Department’s annual prevailing wage survey. There will be a one time challenge of the prevailing wage rate per cycle as in the Department regulations. All other provisions of this law are to remain unchanged.”
Approved January 24, 2008