TITLE 11 LABOR
AND WORKERS COMPENSATION
CHAPTER 1 LABOR
GENERAL PROVISIONS
PART 2 PUBLIC
WORKS MINIMUM WAGE ACT POLICY MANUAL
11.1.2.1 ISSUING
AGENCY:
New Mexico Department of Workforce Solutions, Labor Relations Division,
Labor and Industrial Bureau, Public Works Section
[11.1.2.1 NMAC - Rp, 11.1.2.1 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.2 SCOPE: All contractors,
subcontractors, employers or any person acting as a
contractor who employs laborers or mechanics to perform work on a public
building, public works or public road projects.
[11.1.2.2 NMAC- Rp, 11.1.2.2 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.3 STATUTORY AUTHORITY: Section 13-4-11
through 13-4-15 and Section 13-4D-4 NMSA 1978.
[11.1.2.3 NMAC - Rp, 11.1.2.3 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.6 OBJECTIVE: The purpose of
this rule is to define regulations necessary for the application of prevailing
wage rates for laborers and mechanics employed on public works projects in the
state including procedures for the predetermination of wages, the adoption of
job classification descriptions, procedures for the enforcement of the Public
Works Minimum Wage Act (PWMWA), and procedures for the disposition of appeals
brought under the Public Works Minimum Wage Act. Regulations pertaining to apprentices and permanent
job classifications and descriptions for public works projects are also
contained in this rule.
[11.1.2.6 NMAC - Rp, 11.1.2.6 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.7 DEFINITIONS:
A. “Alteration” means any change made to any part of or any system
within an existing public building, public work, or public road other than a
“repair” as hereinafter defined.
B. “Base wage rate” means the straight
time hours and hourly rate paid each laborer or mechanic.
C. “Contract”
means any written agreement made by the state or any political subdivision of
the state for or including provisions for the alteration, construction,
demolition, maintenance, or repair of any public building, public work, or
public road that makes use of any public funds.
D. “Craft” means a particular
construction trade.
E. “Director” means the director
of the division.
F. “Division” means the labor
relations division of the workforce solutions department.
G. “Fringe benefit” means
payments made by a contractor, subcontractor, employer or person acting as a
contractor, if the payment has been authorized through a negotiated process or
by a collective bargaining agreement,
for: holidays; time off for sickness,
injury, personal reasons or vacation; bonuses; authorized expenses incurred
during the course of employment; health, life and accident or disability
insurance; profit-sharing plans; contributions made on behalf of an employee to
a retirement or other pension plan; zone, incentive, and subsistence pay and
any other compensation paid to an employee, or for the direct benefit of an
employee. Payments made to an approved
apprentice program are not fringe benefits.
H. “Labor organization” means an
organization of any kind, or an agency or employee representation committee or
plan, in which employees participate and that exists for the purpose, in whole
or in part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment or conditions of work.
I. “Locality” means one or more
counties in the state of New Mexico.
J. “Prevailing wage and benefits”
means the hourly wage rate and other benefits as
determined by the director to be paid to, or for the benefit of, employees for
work performed by the employee on public works projects, including any
apprentice training contributions.
K. “Project” means any
coordinated activity involving the alteration, construction, demolition,
installation, maintenance, or repair of any public building, public work, or
public road, and shall include all contracts related to, and employers involved
in, the work to be done as a result of the
coordination.
L. “Public funds” means every contract
or project in excess of $60,000 that the state or any
political subdivision thereof if a party to for construction, alteration,
demolition, or repair, or any combination thereof.
M. “Public works” means any facility
for the use, enjoyment, or benefit of the public that is altered, constructed,
demolished, installed, maintained, or repaired and is funded in whole or in
part with public funds or public financing, public grant, and including any form
of tax bond financing.
N. “Repair” means to correct any
damage or defects within, or to replace any obsolete system, part
or portion, of a public building, public work or public road.
O. “Secretary” means the
secretary of the department of workforce solutions.
P. “Similar nature” means
contract work performed on projects as defined in 11.1.2.18 NMAC.
Q. “State” means the state of
New Mexico.
R. “Wage” means the basic hourly
rate of pay.
S. “Willfully” means an
intentional or deliberate violation of a known duty, and
shall include the failure to rectify a violation within a reasonable time after
notice of the violation, or repeated violations after receiving notice of a
violation.
[11.1.2.7 NMAC - Rp,
11.1.2.7 NMAC, 12/30/2016; A, 11/10/2020]
11.1.2.8 PREAMBLE:
A. Every contract
or project in excess of $60,000 that the state or any political subdivision
thereof is a party to for construction, alteration, demolition or repair or any
combination of these, including painting and decorating, of public buildings,
public works or public roads of the state and that requires or involves the
employment of mechanics, laborers or both shall contain a provision stating the
minimum wages and fringe benefits to be paid to various classes of laborers and
mechanics, which shall be based upon the wages and benefits that will be
determined by the director to be prevailing for the corresponding classes of
laborers and mechanics employed on contract work of a similar nature in the
state or locality, and every contract or project shall contain a stipulation
that the contractor, subcontractor, employer or a person acting as a contractor
shall pay all mechanics and laborers employed on the site of the project
unconditionally and not less often than once a week and without subsequent unlawful
deductions or rebate on any account, at wage rates and fringe benefit rates not
less than those determined by the director to be the prevailing wage rates and
prevailing fringe benefit rates issued for the project.
B. Consistent with
the provisions of 11.1.2.12 NMAC the director shall determine prevailing wage
rates and prevailing fringe benefit rates for respective classes of laborers
and mechanics employed on public works projects at the same wage rates and
fringe benefit rates used in collective bargaining agreements between labor
organizations and their signatory employers that govern predominantly similar
classes or classifications of laborers and mechanics for the locality of the
public works project and the crafts involved.
[11.1.2.8
NMAC - Rp, 11.1.2.8 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.9 RESPONSIBILITIES
AND DUTIES:
A. The
director shall:
(1) coordinate
the administration of the Public Works Minimum Wage Act;
(2) annually
determine the prevailing wage and fringe benefit rates and the rate for the
employer contributions to the public works apprentice and training funds, and
publish said rates;
(3) pursue
enforcement of the payment of prevailing wages and fringe benefit rates;
(4) adopt
standard job classifications applicable on public works projects;
(5) adopt
appropriate wage rate for all apprentices on public works projects;
(6) issue
electronic correspondence of the appropriate wage rate decision or decisions to
the requesting agency within five business days of receipt by the director of
such agency’s request;
(7) furnish
the contracting agency and the contractor or employer with posters or written
summaries containing the minimum wage rates of all employees for posting at
each particular project site;
(8) notify
the contracting agency and the contractor or employer when the contractor or
employer has failed to comply with any requirement of the PWMWA and of the
obligation of the contracting agency to withhold the payment of funds to the
contractor or to ensure that all laborers and mechanics working on the project
are paid according to the prevailing wage;
(9) request
certified payrolls by letter or by issuing a subpoena at the director’s
discretion, if appropriate payments have not been made by an employer;
(10) notify
the contracting agency and the contractor or employer of the right of the
contracting agency to terminate the contract when a determination is made by
the director of a willful failure of the contractor or employer to comply with
the PWMWA.
B. The
contracting agency, or its agent, shall:
(1) Submit
a request to the director, in the manner prescribed by the division, not less than
three weeks before the initial advertising date, for a wage rate decision
applicable to the work to be performed.
The request shall contain the following information:
(a) name,
title and signature of requesting officer;
(b) department
or agency requesting decision;
(c) date
of request;
(d) full
description and estimated cost of each of the several classifications of
construction as set out in 11.1.2.10 NMAC.
(e) location
(city or other description) of project site; and
(f) proposed
advertising date and date by which bids are to be submitted.
(2) Electronically submit, to the director the notification of
award and list of subcontractors within five business days of the execution of
the contract.
(3) Electronically
submit to the director any changes or additions made to the list of
subcontractors within 10 business days of the change or addition.
(4) Electronically
submit to the director notice of any cancellation of the project within 10
business days of the cancellation.
(5) Include
wage rate decisions in advertised specifications for every contract subject to
the PWMWA.
(6) Include
in the advertised specifications and the contract a requirement that the
contractor or any tier of the subcontractors must agree to pay the prevailing
wages and benefits in order for a bidder to be
considered responsible and that the contractor must, within 3 days of the
award, submit to the director a signed statement of intent to pay prevailing
wages and fringe benefits on a form provided by the director.
(7) Include
in the advertised specifications and the contract between the agency and the
contractor for all work subject to the terms of the PWMWA a provision requiring
contractors and all tiers of subcontractors to maintain certified weekly
payroll records that are to be updated weekly, provided to the contracting
agency on a monthly basis and to the director, upon
request. The prime contractor is
responsible for the submission of copies of certified payroll records by all
subcontractors. The director may require
disclosure of any information necessary to ensure compliance by all contractors
at all tiers with the requirements of the PWMWA.
(8) The
contractual provision shall require that all payrolls be numbered, starting
with number one for the first payroll at the beginning of the job and
continuing in numerical order until the job is completed. The advertised and contractual provision need
not require any particular form for contractor or
subcontractor forms. The advertised and
contractual provision need not require any particular form for contractor or subcontractor
payrolls. The certified payrolls must
contain the following information:
(a) the
employee’s full name need only appear on the first payroll on which the
employee’s name appears;
(b) the
employee’s classification (or classifications);
(c) the
employee’s hourly wage rate (or rates) ; the employee’s hourly fringe benefits;
subsistence and zone pay when applicable, and the employee’s overtime hourly
wage rate (or rates);
(d) the
daily and weekly hours worked in each classification, including actual overtime
hours worked (not adjusted);
(e) the
itemized deductions made;
(f) the
net wages paid;
(g) the
identifying number of the wage rate decision issued on the project by the
director;
(h) statement
of compliance form;
(i) fringe benefit statement, when
applicable; and
(j) annualization
of fringe benefit worksheet.
(9) Include
in the advertised specifications and the contract between the agency and the
contractor for all work subject to the terms of the PWMWA a provision requiring
contractors and all tiers of subcontractors to maintain the full social
security number and current address of each employee and provide them to the
director upon request for purposes of an investigation or audit of compliance
with prevailing wage requirements
(10). Include
in the advertisement for bidding and the contract between the agency and the
contractor a provision requiring the contractors and all tiers of
subcontractors to provide a signed statement with the certified payrolls
demonstrating the disbursement of all fringe benefits paid to or on behalf of
each employee of the contractor or subcontractor.
(11) Electronically
notify the director within 10 business days if the contracting agency makes a
finding or determination that the employees of the contractor or subcontractors
are not being paid the prevailing wages or benefits required or if the
contractor or subcontractors are otherwise failing to perform in accordance
with the requirements of the PWMWA.
(12) Withhold
payments to the contractor, if the contractor or any subcontractor is otherwise
failing to perform in accordance with the requirement of the PWMWA, until such
time as the employees have all been paid sums that are due or to the
contracting agency may pay the employees of the contractor or subcontractor
directly any sums that are due.
(13) Require
that the contractor and all subcontractors and their tiers shall maintain
legible copies of the certified weekly payrolls prepared in accordance with
these regulations for a minimum of three years from the date of the final
payment and for so long as is required to resolve any disputes or claims
regarding the payment of wages or benefits to employees of the contractor or
subcontractor that remain pending after one year and subject to all other state
or federal requirements for the retention of such records by the contractor.
(14) Comply
with the lawful requests of the director and cooperate with the director
regarding the inspection of the project and the acquisition of all requested
documentation regarding the project necessary to assure that all employees of
contractors and subcontractors working on the project have been paid.
(15) Require
that the contractor and each of the subcontractors submit an affidavit of
wages, fringe benefits and subsistence and zone payments made prior to the
final payment by the contracting agency on a project, which shall be in the
following form:
I hereby certify that the above information is correct
and that all workers I employ on this public works project were paid no less
than the Prevailing Wage Rate(s) as determined by the Department of Workforce
Solutions, Labor Relations Division for this project as identified by the State
Wage Decision Number. I understand that
contractors who violate Prevailing Wage Laws (i.e., incorrect job
classification, improper payment of prevailing wages, or overtime, etc.), are
subject to debarment procedures and shall be required to pay back any wages due
to workers. (Ref. Labor Relations
Division Public Works Minimum Wage Act Policy Manual (11.1.2 NMAC) & Public
Works Minimum Wage Act (13-4-11 through 13-4-18, NMSA 78)). I, ______________, being first duly sworn on
oath under penalty of perjury, swear that the foregoing information is true and
correct.
Contractor’s signature. Date
Notary:
Subscribed and sworn to before me at _____ this _____ day of __________,
2___
_____________________
___________ Notary Public
(Signature) (Date)
My commission expires:
__________________
C. Contractor
and subcontractor shall:
(1) Pay
employees, including apprentices, the prevailing wage and fringe benefits
determined to be due pursuant to the prevailing wage rate determination for the
project.
(2) Post
the prevailing wage and fringe benefits for all employees provided by the
director in a prominent, easily accessible place at the site of each particular project.
(3) Submit
to the contracting agency on a monthly basis, and to
the director within 10 business days of a request by the director for the
purposes of an investigation or audit of compliance with prevailing wage
requirements, certified payrolls and a signed statement showing the
disbursement of all fringe benefits paid to or on behalf of each employee of
the contractor or subcontractor. The
prime contractor is responsible for the submission of copies of certified
payrolls of all subcontractors.
(4) Comply
with all requirements imposed by the PWMWA and these regulations.
(5) Submit
to the contracting agency an affidavit of wage, fringe benefits, and
subsistence and zone payments made to the employees, in the form required by
the director, prior to the final payment by the contracting agency on a
project.
(6) Maintain
certified payrolls and documents regarding the disbursement of fringe benefits
for a minimum of three years from the date of final payment to the contractor
and so long as is required to resolve any disputes or claims of employees or
the director regarding the payment of wages or benefits to employees of the
contractor or subcontractor.
(7) Maintain
a valid LEF registration at the time bids are due and for the duration of the
project in accordance with Section 13-4-13.1 NMSA 1978.
[11.1.2.9 NMAC - Rp, 11.1.2.9 NMAC, 12/30/2016; A, 11/10/2020]
11.1.2.10 CLASSIFICATION
OF TYPES OF CONSTRUCTION:
A. Classifications
of construction work
(1) Type
“A” The street, highway, utility and light engineering construction
classification shall include the construction, alteration, repair and
demolition of roads, streets, highways, alleys, sidewalks, curbs, gutters,
guard rails, fences, parkways, parking areas, airports (other than buildings
thereon), bridle paths, athletic fields; highway bridges, median channels, and
grade separations involving highways; parks, golf courses, viaducts; uncovered
reservoirs; canals, ditches and channels (including linings other than concrete
linings); earth dams under 1,000,000 cubic yards, telephone and electrical
transmission lines and site preparations, including traffic signalization and
street lighting, which are part of street, highway, utility and light engineering
projects; and shall include construction, alteration, repair, and demolition of
utilities such as sanitary sewers, storm sewers, water lines, including
appurtenances thereto such as lift stations, inlets, manholes, sewer lagoons,
septic tanks and service outlets (stub-outs), providing such utility
construction is outside the property line, or more than five feet from a
building or heavy engineering structure, whichever is closer, provided,
however, with regard to electrical utilities such construction shall include
construction to the first attachment of incoming power source without regard to
the property line or proximity to the building or the heavy engineering
structure. Furthermore, this limitation
will not apply to independent main lines and service out-lets (stub-out
regardless of proximity to building or heavy engineering structure;
construction and installation of pipelines (except cross-country transportation
mainline pipelines), including municipal-type utility distribution pipelines,
for the distribution of petroleum or natural gas, up to the first metering
station or connection with the transportation mainline pipeline; provided,
“First metering station or connection” means that point which divides
cross-country transportation mainline transmission lines or higher pressure
lateral and branch lines from lower pressure distribution systems.
(2) Type
“B” The general building classification shall include the construction, alteration,
repair and demolition of buildings, including office buildings, warehouses,
industrial and commercial buildings, institutional and public buildings and all
air-conditioning, conduit, heating and other mechanical and electrical works
and site preparation for buildings or heavy engineering projects under this
classifications; except that construction, alteration, repair and demolition of
buildings under the scope of this classification shall not include
construction, alteration, repair and demolition of buildings under the class
“C” classification of Subsection A of 11.1.2.10 NMAC, of these regulations;
stadia; and shall include electrical, gas, water, sewer lines and other such
utility construction which are part of projects under this classification and
included within the property line or less than five feet from the building or
heavy engineering structure, whichever is closer, provided, however, with
regard to electrical utilities such construction shall include construction
from the first attachment of incoming power source without regard to the
property line or proximity to the building or the heavy engineering structure.
(3) Type
“C” The residential building construction classification shall include the site
preparation and construction, alteration; repair and demolition of residential
buildings and shall include all structures intended for residential occupancy,
be it by owners of said properties or tenants, including, but not limited to,
single detached buildings, duplexes, tri-plexes,
quad-plexes, residential condominium buildings,
apartment buildings not to exceed four stories in height; and shall include
electrical, gas, water, sewer lines and other such utility construction which
are part of projects under this classification and included within the property
line or less than five feet from the building, whichever is closer, provided,
however, with regard to electrical utilities such construction shall include
construction to the first attachment of incoming power source without regard to
the property line or proximity to the building or the heavy engineering
structure.
(4) Type
“H” The heavy engineering construction classification shall include
construction, alteration, repair and demolition of heavy engineering work such
as railroad and geothermal projects, power generating plants, pump stations,
natural gas compressing stations; covered reservoirs and sewage and water
treatment facilities; concrete linings for canals, ditches and channels;
concrete dams; earth dams of 1,000,000 cubic yards or over; radio towers,
ovens, furnaces, kiln, silos, shafts and tunnels (other than highway shafts and
tunnels), hydroelectric projects: and
well drilling, telephone and electrical transmission lines which are part of
general building and heavy engineering projects; mining appurtenances such as tipples,
washeries and loading and discharging chutes, and specialized structures for
testing, launching and recovering space and other rocket-type missiles;
construction and installation of cross-country transportation mainline
pipelines for the distribution of petroleum or natural gas, up to the first
metering station or connection with the distribution pipelines; provided,
“first metering station or connection” means that point which divides
cross-country transportation mainline transmission lines or higher pressure
lateral and branch lines from lower pressure distribution systems.
B. On contracts
which involve more than one classification of construction, as defined in
11.1.2.10 NMAC the director shall issue predeterminations, including therein
the appropriate wage rates for each classification of construction where none
of the classifications comprises 80% of the total contract cost. Where one classification comprises eighty
percent or more of the total contract cost, the predetermined rate for that
classification shall be used for the entire contract.
[11.1.2.10
NMAC - Rp, 11.1.2.10 NMAC, 12/30/2016; A,
11/10/2020]
11.1.2.12 PREDETERMINATION OF WAGE RATES:
A. Not later than May 31 of each year,
labor organizations and their signatory employers shall submit to the director
signed copies of their current collective bargaining agreements that will be in
effect during any portion of the following calendar year. Each labor organization or signatory employer
submitting a collective bargaining agreement shall include a separate list that
sets forth the wage and fringe rates as well as the apprenticeship
contributions for all trades covered by the collective bargaining agreement,
listed by type A, B, C, and H construction project, as identified in Section
11.1.2.10 NMAC above. In addition,
interested parties may submit to the director for consideration, no later than
May 31 of each year, collective bargaining agreements, interested party wage
and fringe rate survey data, other written data collected during the preceding
12 month period, personal opinions and arguments supporting changes to the
prevailing wage rates and prevailing fringe benefit rate determination. Submissions must be made as provided in the
following subparagraphs:
(1) Collective bargaining agreements
submitted to the director must be accompanied by a signed statement which is
certified as true and correct to the best of the knowledge and belief of the
person preparing the statement, under penalty of perjury, and which:
(a) certifies that the agreement filed is
fully executed and in effect, unless it is a signed original agreement or
photocopy thereof, or a printed copy of a fully executed agreement showing the
names of the signatory parties or associations except in the case of a printed
agreement the director may require certification; and
(b) names or otherwise identifies all New
Mexico counties within the jurisdiction of the local union or unions signatory
to the agreement;
(2) Interested parties wishing submit
information for employees not covered by a collective bargaining agreement must
provide the following information to the director: name and address of the employer or
interested party, the number of hours worked by workers in each classification,
the classification of each worker, the hourly rate actually paid each worker,
the project type, the fringe benefit rate actually paid each worker, and, if
practical, the counties in which work was performed. The information filed with the division must
be accompanied by a signed statement which is certified as true and correct to
the best of the knowledge and belief of the person preparing the statement,
under penalty of perjury. The director
shall consider any information provided during the 12 month period preceding
May 31 of each year. Information
from sources other than applicable collective bargaining agreements shall only
be considered consistent with the provisions of the PWMWA.
B. In setting the general prevailing
wage rate, the director shall give due regard to information obtained during
the director’s determination of the prevailing wage rates and the prevailing
fringe benefit rates and may consider the written data, personal opinions, and
arguments of interested parties where no applicable collective bargaining
agreement is submitted.
C. If there are no collective
bargaining agreements that exist in the locality on which the director can rely
in setting the prevailing wages and fringe benefits, the director shall
determine the prevailing wage rates and prevailing fringe benefit rates in the
nearest and most similar neighboring locality and use the rates from the
adjoining locality where a collective bargaining agreement exists and is in
effect.
D. In order to protect the privacy of
employees with respect to whom any wage information pertains, except pursuant
to lawful process or to the exercise of the director’s enforcement obligation
under the PWMWA, neither the labor and industrial commission nor the director
or any member of the director’s staff, shall disclose to any person, an
employee’s social security number or date of birth with respect to whom wage
information is received, submitted, or otherwise in the possession of the
director, without having received prior written consent of the employee.
E. In order to protect the privacy of
employees with respect to whom any wage information pertains, except pursuant
to lawful process or to the exercise of the director’s enforcement obligations
under the Public Works Minimum Wage Act, neither the labor and industrial
commission nor the director or any member of the director’s staff, shall
disclose to any person the employee’s social security number or date of birth
with respect to whom wage information is received, submitted, or otherwise in
the possession of the director without having received the prior written
consent of the employee.
[11.1.2.12
NMAC- Rp, 11.1.2.12 NMAC, 12/30/2016; A, 11/10/2020; A, 06/21/2022]
11.1.2.13 PROCEDURE FOR ADOPTION OF WAGE RATES:
A. When the director has determined the
proposed prevailing wage and fringe benefit rates applicable in the state for
public works projects in accordance with 11.1.2.12 NMAC, the proposed
prevailing wage and fringe benefit rates shall be subject to a public hearing
before the secretary or a hearing officer designated
by the secretary.
B. The time, date
and place of said public hearing will be established at the discretion of the
secretary. Notice of the subject matter,
the action proposed to be taken, the time, date and place of the public
hearing, the manner in which interested persons may
present their views, and the method by which copies of the proposed rates may
be obtained, shall be published once at least 30 days prior to the hearing date
in a newspaper of general circulation.
Such notice shall also be mailed or emailed by the director to all known
interested parties at least 30 days prior to the hearing date along with a copy
of the proposed rates. Any objections to
the proposed prevailing wage rates may be communicated to the director by an
interested party either orally at such public hearing or in writing delivered
to the director or the director’s designee on or before the date of such public
hearing.
C. The director shall consider fully
all data, views, or arguments submitted in support of or in opposition to the
proposed prevailing wage and fringe benefit rates before deciding to approve,
modify or reject the prevailing wage and fringe benefit rates proposed by the
director for public works projects.
D. The adoption of wage and fringe
benefit rates by the director shall constitute an “action” which shall be
appealable to the labor and industrial commission, sitting as the appeals
board, pursuant to Subsection A of Section 13-4-15 NMSA 1978, and as described
in 11.1.2.17 NMAC.
(1) Consistent with the right of appeal
granted to any interested person by Section 13-4-15, NMSA 1978, the director
shall not adopt the issued wage rates for 15 days following their issuance,
while an appeal, if any, to the labor and industrial commission, sitting as the
appeals board, is pending, or before the effective date of the decision by the
labor and industrial commission pursuant to Subsection D of 11.1.2.17 NMAC.
(2) The labor and industrial commission
is designated, pursuant to Section 9-26-6, NMSA 1978, to hear appeals of the
adoption of wage rates and shall conduct such appeals and render its decision
pursuant to the procedures described in 11.1.2.17 NMAC.
E. The adopted prevailing wage rates
shall not be effective until they have been filed in accordance with the State
Rules Act.
[11.1.2.13
NMAC- Rp, 11.1.2.13 NMAC, 12/30/2016; A, 11/10/2020; A, 06/21/2022]
11.1.2.14 EFFECTIVE DATE OF WAGE RATES:
A. The wage and fringe benefit rates
are effective as of January 1 following adoption and publication.
B. If an appeal is filed pursuant to
Subsection D of 11.1.2.13 NMAC, then the director shall adopt the wage rates,
as modified by the labor and industrial commission, following expiration of the
stays provided by Paragraph (2) of Subsection D of 11.1.2.13 NMAC.
C. Except as provided in Subsection D
of 11.1.2.14 NMAC, each discrete public works project shall be governed by one
wage and fringe rate decision, which shall remain effective for the duration of
the project.
D. New wage rate decisions shall be
issued for all contracts on which bids have not been submitted before the date on
which a new wage determination becomes effective provided that any such new
decision shall not supersede any previously issued decision unless such new
decision is received by the contracting agency at least 10 days prior to the
date on which bids are to be submitted.
Wage and fringe rate corrections or changes to decisions rendered shall
not be issued without allowing the requesting agency at least 10 days’ notice
before the date bids are to be submitted.
E. All decisions will remain in effect
until their expiration date or until modified, corrected, rescinded
or superseded by the director.
F. The procurement of services pursuant
to state price agreements or other methods that serve to establish long-term
pre-determination of the price of services shall alter the obligations of
contracting agencies and contractors to adhere to the requirements of the PWMWA
and these regulations.
[11.1.2.14
NMAC - Rp,
11.1.2.14 NMAC, 12/30/2016; A, 11/10/2020; A, 06/21/2022]
11.1.2.15 PROCEDURE
FOR INVESTIGATION OF VIOLATIONS:
A. The
director shall investigate a complaint filed by any adversely affected party,
any interested party, or an agent thereof, regarding potential violations of
the PWMWA and shall give priority to complaint involving open projects before
the contracting agency has made final payment on the project.
B. The
director shall determine if there is a probable cause violation and convey all
relevant information to the contracting agency, prime contractor
and bonding companies.
C. If
the director determines there is probable cause of a violation, an
investigation shall be undertaken and the director shall request, or subpoena,
all certified payroll records and other relevant
financial records from either the subcontractor or the prime contractor. The director has a non-discretionary duty,
upon probable cause to request all payroll records in question from either the prime
contractor or the subcontractor. The
contractor or subcontractor shall provide legible copies of the requested records
within 10 business days of the receipt of the director’s written request or
subpoena. If the director does not
receive records pursuant to the initial request or the subpoena, the director
may suspend the contractor’s LEF registration and order the withholding of
funds from the prime contractor of the project.
If an LEF registration is suspended due to non-response, the contractor
shall submit a new registration and registration fee to the division upon
compliance with the director’s record request.
D. The
director shall, within 30 days of the filing of a complaint by any employee,
contracting agency, contractor, or other interested person, or any agent
thereof, giving reliable allegations establishing probable cause of violations
of the PWMWA commence an investigation of the allegations contained within the
complaint. The director shall within 75
days after the filing of the complaint, make a determination
supported by findings of fact and conclusions of law, whether there has been an
underpayment of wages of fringe benefits or other violation of the PWMWA,
including the amount due and owing by any contractor or subcontractor to any
employee. If the complaint is of significantly complex nature, or involves multiple projects
or job sites, the director may extend the time in which the determination is to
be made by up to six months by providing a written notice and explanation to
all parties.
E. The
director shall provide the contractor, subcontractor, employer, or other
persons against whom the complaint has been made an opportunity to respond to
the complaint and provide exculpatory evidence prior to issuing the
determination.
F. If
it is determined that there has been an underpayment of wages or fringe
benefits or other violation of the PWMWA, the director shall make demand for
the payment of the amount due and notify the contracting agency of the amount
determined to be due. In the absence of
a voluntary withholding of accrued payments from the contractor, subcontractor,
employer or other person until the laborers and mechanics employed on the
project receive a payment for the amount of the
underpayment of wages or fringe benefits or other violation of the PWMWA. If no violation is found, the investigation
will be closed and notice sent to all parties.
G. The
director shall certify to the contracting agency, and the employer involved,
the names of persons or firms in violation of the PWMWA, specifying the amounts
due to each employee. The director shall
also promptly notify the contracting agency and the employer if the
investigation determines that the failure of the employer to comply with the
PWMWA was found to be willful.
H. Mediation
may be requested by any party at any time throughout the investigation by
submitting a written request to the director.
I. Any
adversely affected interested party or that party’s agent may appeal any
determination, finding, or action of the director to the labor an industrial
commission pursuant to the procedures set forth in 11.1.2.17 NMAC.
[11.1.2.15 NMAC - Rp, 11.1.2.15 NMAC, 12/30/2016; A, 11/10/2020]
11.1.2.16 PROCEDURE FOR ENFORCEMENT ACTIONS:
A. If
the contractor or subcontractor has not complied with the director’s request
for certified payroll records or if the director determines that a violation of
the PWMA has occurred and not been rectified, notice shall be given to the
contracting agency and the contractor or subcontractor that payment to the
non-compliant contractor or subcontractor in an amount sufficient to pay the
laborers and mechanics working on the project shall be withheld by the
contracting agency until compliance has been secured.
B. If
the director determined that any laborer or mechanic employed on the site of
the project has been, or is being, paid at a rate less than the rates required
and in the absence of a voluntary resolution, the contracting agency shall,
within 30 days of the director’s determination, by written notice, terminate
the right of the contractor, subcontractor, or employer who failed to pay
appropriate wages to proceed with the work or with part of the work as to which
there has been a failure to pay the required wages or fringe benefits. The contracting agency shall prosecute the
work to completion by contract or otherwise.
The contractor, subcontractor, or employer, or a person acting as surety
thereof, shall be liable to the state for any excess costs as
a result of the termination of the contractor’s, subcontractor’s, or
employer’s right to proceed with the work.
C. The
director may cancel, revoke, or suspend the registration of any party required
to be registered pursuant to the PWMWA for failure to comply with the
registration requirements or for good cause, pursuant to Section 13-4-14.2 NMSA
1978. The director shall determine when
good cause exists to cancel, revoke, or suspend the registration of any
party. Frequent violations or a single
substantive violation of the PWMWA could be good cause to cancel, revoke, or
suspend the registration of any party.
D. The
director shall include the name of any contactor or subcontractor who has
willfully violated the PWMWA on a list to be distributed to all department of the state, pursuant to Section 13-4-14 NMSA
1978. The cancellation, suspension, or
revocation shall remain in effect for three years, unless the contractor or
subcontractor promptly corrects the action that led to the cancellation,
suspension, or revocation of the registration and complies with any
requirements imposed by the director as conditions of reinstatement.
E. If the
director determines that there was an underpayment of wages or fringe benefits,
the contractor, subcontractor, or employer shall be liable to any affected
employee for $100 for each calendar day the contractor, subcontractor, or
employer willfully failed to pay appropriate wages in violation of the
PWMWA. In addition, if the aggregate
underpayment of wages or fringe benefits is greater than $500, the contractor,
subcontractor, or employer responsible for the underpayment shall be liable to
any affected employee for three times the amount of the employee’s unpaid wages
or fringe benefits.
F. Prior
to taking any enforcement action, the director shall provide notice of
contemplated action to the contractor, subcontractor, or employer, setting out
the basis for the proposed enforcement action.
(1) The
notice of contemplated action shall be provided at least 15 days prior to any
final enforcement action taken by the director.
(2) Any
party who received a notice of contemplated action may provide a written
response to the director for consideration prior to the final enforcement
action.
(3) The
director shall consider the written response provided by a party prior to
taking any final enforcement action.
(4) After
consideration of the response, the director may continue with the final
enforcement action as proposed in the notice of contemplated action.
G. Any
determination, finding, or action of the director in enforcing the PWMWA may be
appealed to the labor and industrial commission by any interested party
pursuant to Section 13-4-15 NMSA 1978 and 11.1.2.17 NMAC. The decision of the director shall be final
15 days after issuance unless an appeal is files
pursuant to 11.1.2.17 NMAC..Once
the decision is final, the director may then proceed to the remedies available
under 13-4-14 NMSA.
H. Mediation
by parties: Upon completion of the
investigation, the director may schedule a settlement meeting between the
parties. During the settlement meeting,
the parties shall be notified of the preliminary conclusions of the
investigation, including any potential amounts owed. If a settlement is agreed to by the parties,
the investigator shall prepare the settlement agreement for signature by all
parties and, upon any payments due, shall close the investigation.
I. The
provisions of this section do not limit any worker’s right to pursue a claim
for payment of any prevailing wages that may be due nor do the provisions of
this section diminish the contractor or subcontractor’s duty to cooperate with
the division.
J. Nothing
in this section shall prevent the director, with probable cause, to immediately certify to the contracting agency pursuant to
13-4-14 NMSA 1978 and exercise the release of any assurance of payment required
under 13-4-14 NMSA.
[11.1.2.16 NMAC - N, 12/31/2016; A, 11/10/2020]
11.1.2.17 PROCEDURE FOR DISPOSITION OF APPEALS:
A. Purpose and scope: The regulations contained in this part set
out the procedures by which appeals may be filed, and by which the labor and
industrial commission, sitting as the appeals board, hears and decides appeals
pursuant to Section 13-4-15 NMSA 1978.
The intent of this part is to clarify and implement the responsibilities
and rights of all interested parties as set out in the Public Works Minimum
Wage Act, Sections 13-4-11 through 13-4-17 NMSA 1978
B. Filing the appeal:
(1) The notice of appeal shall,
consistent with Subsection A of Section 13-4-15 NMSA 1978, be filed with the
director within 15 days after a determination, finding, rule, or regulation has
been issued or any other action taken, and notice of the action has been given
pursuant to Section 16 of 11.1.2 NMAC of these rules and regulations or
otherwise.
(2) The appellant shall, within 10 days
after filing the appeal, file with the labor and industrial commission, in care
of the office of the director, a concise statement of all determinations,
findings or actions of the director with which the appellant disagrees and from
which the appeal is taken, and a brief setting forth the reasons and
authorities on which the appeal is based
(3) Within 10 days after the filing of
the statement and brief, the director shall file a response setting forth the
director’s justification and authorities relied upon for the determination,
findings, or action being appealed from which the appeal is being taken.
(4) Any interested person other than the
appellant, directly affected by the determination, finding or action of the
director, such as, contractors, contracting agencies, labor organizations and
contractors’ associations, may intervene and file a statement and brief, and
may participate in the hearing conducted by the labor and industrial
commission.
(5) The commission shall furnish copies
of the statements, briefs, and answers filed in the appeal to the attorney general, and may request the attorney general to appoint
independent counsel to represent it at the hearing.
C. Conducting the hearing:
(1) The hearing shall be conducted by the
commission within 40 days after the filing of the appeal.
(2) The commission shall decide all
matters brought before it by a quorum which shall consist of two members. Prior to a hearing, the commission shall
designate a chairman who shall conduct the meetings and rule on the admissibility
of all evidence submitted by and objections of any participant.
(3) The commission shall not be required
to follow strict rules of evidence and shall have authority to admit any
evidence which it concludes has probative value, but irrelevant, immaterial, or
unduly repetitious evidence shall be excluded.
(4) The commission shall make its
decision as to the validity or invalidity of the determination, finding, or
action of the director based on substantial evidence on the whole record made
before it. The appellant shall present
his case first, subject to opportunity to present
evidence in rebuttal.
(5) The appellant shall present evidence first, any interested party shall present its evidence next and after the director has presented evidence in support of the determination, findings or action that is the subject of the appeal, the appellant shall have the opportunity to present evidence in rebuttal of any evidence presented by the director or any interested person.
(6) Each party shall be given an opportunity by the commission to make a closing statement in support of the position of the party regarding the determination, findings, or action that is the subject of the appeal.
(7) The commission may adjourn, continue,
or reschedule the hearing on the appeal as deemed necessary to afford all
parties a fair and reasonable opportunity to be heard.
D. Decision by the labor and industrial
commission:
(1) The commission shall, pursuant to
Subsection C of Section 13-4-15 NMSA 1978, enter and file its decision,
containing a concise statement of the principal reasons upon which the decision
is based including findings of fact and conclusions of law within 10 days after
the close of the hearing and promptly mail copies of the decision and statement
to the participants of the hearing.
(2) The effective date of [the] a
decision by the commission concerning violations of the Public Works
Minimum Wage Act shall be stayed for 30 days from the date of the filing of the
decision to allow any party the opportunity to file an appeal to the district
court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
[11.1.2.17
NMAC - Rp,
11.1.2.16 NMAC, 12/30/2016; A, 11/10/2020; A, 06/21/2022]
11.1.2.18 JOB
CLASSIFICATIONS AND DESCRIPTIONS: The job
classifications and descriptions for public works projects shall be as follows:
A. Asbestos
worker or heat and frost insulator: The preparation,
alteration, application, erection, assembling, molding, spraying, pouring,
mixing, hanging, adjusting, repairing, dismantling, reconditioning,
maintenance, finishing or weatherproofing of cold or hot thermal insulations
with such materials as may be specified when those materials are to be
installed for thermal purpose in voids, or to create voids, or on either
piping, fittings, valves, boilers, ducts, flues, tanks, vats and equipment, or
on any hot or cold surfaces for the purpose of thermal control, or to be
installed for sound control on mechanical devices; equipment; piping and
surfaces related in an integral way to the thermal insulation of such
mechanical devices, except for materials applied inside sheet metal ducts and
fittings. This work also includes all
labor connected with:
(1) insulation
for: temperature control (excluding batt and blown-in); personnel protection or safety;
prevention of condensation; fire proofing of building penetrations.
(2) distribution
of, cleanup of, and removal from surfaces as described above, which surfaces
will be reinsulated with (excluding demolition which is covered under the
laborers classification) the materials they apply.
B. Boilermaker: Assembles prefabricated boiler parts and
fittings to build steam boilers, tanks, vats and other vessels made of ten
gauge or heavier metal, and installs catwalks, platforms, stairways and ladders
which are erected on, and supported by storage tanks for liquid or gas when
such tanks were erected by boilermakers, and installs all catwalks, platforms,
stairways and ladders which are erected on and exclusively supported by a
pressure vessel.
C. Bricklayer,
blocklayer, stonemason: Constructs partitions, fences, walks,
fireplaces, chimneys, smokestacks, etc., using brick, structural tile, concrete
and other types of structural block.
This classification shall include the setting of stone, marble, slate,
and artificial stone. All cutting, grouting and pointing of materials listed above shall be a
part of this classification. May also
build or repair brick, block, or stone retaining walls, cutting
or placing of brick in mortar or other similar material.
D. Carpenter
or lather: Sets batterboards,
builds and sets forms for concrete, or structural stud except as provided
elsewhere. Builds and erects wood and
metal products for the framing of structure or building, including bearing and
non-bearing walls, framework in buildings, including partitions, floor and
ceiling joists, studding, and rafters. Installs wood subflooring and hardwood flooring. Builds wood
stairways, cabinets, steps, etc.
Installs wood or premanufactured molding, paneling, doors, windows,
etc., products and components related to office interiors - partitions,
draperies, shelving, panels, doors, (metal, wood, etc.); including hardware;
insulation around concrete slabs.
Install pin metal or steel studs and wood furring (except on
roofs). Carpenters may shoot grades for
surveying and attaches “sheetrock” and similar wallboard materials to walls and
ceilings. Installs
insulation material in walls, ceilings, and under floors of buildings where
such insulation is not laid in cement or other plastic materials. Sets all woodworking equipment and operates
same. Builds forms and structural element for pre-cast and pre-stressed concrete of all types
and shapes on project site. Erects
self-supporting scaffolding. Installs light iron and metal furring such as rods, channels
and other bars or systems to which metal lath, rock lath or other materials
used as a substitute for lath are to be attached. Installs metal lath, rock
lath, and other materials used as a substitute for lath. Installs metal plastering accessories such as
corner beads, door and window casing beads, metal picture mold, chair rails and
other metal plastering accessories which are covered and serve as a ground or
guard, except that metallic corner beads, when installed by using plastic
material, shall be installed under the “plasterer” classification. Cuts wood materials
using a stationary or portable power saw of one or more horsepower. Sharpens by use of files, all types of saws
and saw blades used for the cutting of wood materials.
E. Carpenter
(millwright): Performs work necessary to
assemble, level, align, secure, dismantle, adjust and
maintain permanent stationary pumps, motors, generators, turbines, fans,
compressors or torque converters which require precision leveling and alignment
of such equipment. Installs reduction
gear boxes, fluid drives, and speed increasers, including the connection of
same to pump or compressor coupling. May
align and secure other direct drive motors and machines requiring precision
alignment. Installation, repair, or
removal of all pulleys, sheaves, sprockets, gears and
flywheels including all belts, cables and chains. Fabricates or installs all templates,
soleplates, grout pads and wedge blocks for all machinery requiring foundation
or bolts. Installs all machinery,
equipment and conveying devices in all classes of plants, factories, buildings,
amusement parks, mills, shops stores, warehouses and construction or mining
sites.
F. Carpenter
(piledriver): Rigs piledriving
equipment, signals pile rig and guides pile and leads to point pile is driven,
aligns and plumbs pile using tape and level during driving; splices piles
before, during and after driving, cuts off piles, realigns piles after
driving. In “piledriving” operations,
handles wood, metal, sheetpiling, steel H-beams,
concrete, or pipe, fastens them to cable of wench or
piledriver, shifts timber piles with cant hook, cleans and points pile with axe
or shovel. May drill pilot holes.
G. Cement
mason (composition or mastic - finishing machine operator): Finishes concrete to a specified finish and
grade on footings, floors, walks, steps and all
concrete surfaces by using tools of the trade such as trowels, floats, screeds,
etc. Sets to grade and aligns screeds
one board high. Sets to grade and aligns forms for sidewalk, curbs
and gutters. Fabricate, cut, bend and
tie reinforcing steel and mesh to be placed within the forms for sidewalk, curbs and gutters.
Patching, filling of voids and rubbing of concrete to a specified
finish, which requires the use of power tools and tools of the trade. Bushammer and
related finish procedure. Concrete saw
operation when used on new construction to saw control joints. Vibrating screeds and rollers to achieve
final level of concrete. Gunite, in cement mason operation, when it is less than one
and one-half inches in thickness, the handling and control of the nozzle shall
be the work of the “cement mason.” All
work involving the laser screed including the ride-on,
laser-guided, vibratory screeding machine that establishes grades by laser
which disperses concrete by auger and thoroughly vibrates and consolidates the
concrete. Applies coloring material to
concrete, also uses mastic to level and waterproof concrete, where tools of the
trade are involved. Operates troweling
and floating machines which are used in the finishing of concrete. Cementitious insulation, screed wet material
to required thickness and darby joints to leave a
surface suitable for roofing.
H. Electrician
classifications and description - Outside:
(1) Groundman
(outside): Assists “lineman” and
“equipment operator” in their tasks except that the “groundman” does not climb
poles or towers.
(2) Equipment
operator (outside): Operates power
driven equipment used in the erection and installation of materials and
apparatus outlined under the “lineman” classification. Includes directional boring to install
underground pipe, conduit or cable.
(3) Lineman
or technician (outside):
(a) Performs
all electrical construction work outside of isolated plants and the property
lines of any given property, but not electric signs, and not street electrical
decorations, except when messenger or guy wire is necessary for support and
when fed and controlled from the street.
(b) Street
lighting, traffic signalization, and related wiring when fed and controlled
from the street. All line work
consisting of wood, concrete or metal (or substitutes therefore), poles or
towers, including wires, cables or other apparatus supported therefrom. Line work in public, private or amusement
parks.
(c) All
work necessary to the assembling, installation, erection, operation,
maintenance, repair, control, inspection and supervision of all electrical
apparatus, devices, wires, cables, supports, insulators, conductors, ducts and raceways when part of distributing systems outside
of buildings, railroads and outside and directly related railroad property and
yards. Installing and maintaining the
catenary and trolley work on railroad property, and bonding of rails. All underground ducts and cables when they
are installed by and are part of the system of a distributing company, except
in power stations during new construction, including ducts and cables to
adjacent switch racks or substations.
All outdoor substations and electrical connections up to and including
the setting of transformers and all connecting of the
secondary buses thereto, and all other related work.
(4) Cable
splicer (outside): Splices or terminates
power cables which are designed to be used for voltages above 2,000. Splices or terminate gas or liquid filled
power cables, when part of a distribution system
outside of buildings.
(5) Journeyman
technician (outside): Limited to
performing only street lighting, traffic signals, and wiring when fed and
controlled from the street.
I. Electrician
classifications and descriptions - Inside:
(1) Wireman
or technician (inside): Installs wiring
for automatic doors. Plans and executes
the layout and installation of electrical conduit, switch panels, buss bars,
outlet boxes, electrical wires and cables, lighting standards, lighting
fixtures, receptacles, switches, and other electrical devices and apparatus
necessary for the complete installation of wiring systems on commercial,
industrial, and residential jobs, except electrical work which is incidental to
the installation of elevators and escalators and is described under “elevator
constructor”. Analyzes proposed
telephone and communication systems during the pre-installation stage to detect
any basic conflicts in either equipment arrangements or plant facilities. Isolated trouble conditions in inoperable
telephone communications systems.
Installs a variety of equipment relating to telephone interconnect
communication systems and devices including private branch exchange (PBX-PABX),
key equipment and associated devices.
(2) Cable
splicer (inside): Splices or terminates
power cables which are designed to be used for voltages above 2,000. Splices or terminates gas or liquid filled
power cables.
J. Low
voltage electrician classification: Low
Voltage Technician: Installs pathways
(j-hooks) and wiring for low voltage cabling coax or fiber optic and terminates
ends of the different types of cables levels and tests. This work includes voice, data security,
access control, building automation and video surveillance. Repairs and services inter-communications
systems, i.e. speakers, buzzers, microphones, signal lights or other units or
components that are an integral part of such system.
K. Elevator
constructor: Assembles and installs
machinery and devices incidental to a complete elevator or escalator
installation, including elevator cars, cables, counterweights, guide rails,
hoisting machinery, etc. Installs all
electrical wiring which is incidental to the installation of automatic
elevators and escalators with the exception of power
feed wires to the controller, which shall be classified as a task of
“electricians”. Steel trusses, girders,
and supports for escalators, where riveted or welded and metal frames and bucks
for elevator door openings shall be installed under the “ironworker”
classification.
L. Elevator
constructor helper: Assist elevator
constructor in the performance of all phases of their work.
M. Glazier: Installs metal window and door frames without
glass, curtain wall systems, window wall systems, cable net systems, canopy
systems, structural glazing systems, unitized systems, interior glazing
systems, photovoltaic panels and systems, suspended glazing systems, louvers,
skylights, entranceway systems including doors and hardware, revolving and
automatic door systems, patio doors, store front systems including the
installation of all metals, column covers, panels and panel systems, glass hand
rail systems, decorative metals as part of the glazing system, and the sealing
of all architectural metal and glass systems for weatherproofing and structural
reasons, using vinyl, molding, rugger, lead, sealants, silicone and all types
of mastics in wood, iron, aluminum, sheet metal or vinyl sash, doors, frames or
any materials of the above systems as part of the glazing systems. Installs glass, including plate and window
glass, mirrors, beveled plate, rough ribbed, wire, figured, colored, art and
other type glass or substitute for glass when set in sash, frames, doors,
skylights, etc., when set with putty, molding or other methods which are common
to the glazing trade.
N. Ironworker:
(1) Journeyman Ironworker: Installs
reinforcing iron and steel for concrete structures. Installs fabricated
steel members such as girders, columns, beams, and bracing in structures to
form the steel framework. Installs metal stairways, catwalks, ladders, and
decking. Installs
ornamental iron and steel. Erects
structural steel radio and television towers.
Sets wall bearing steel bar joists in building structures. Performs layout work for rods within project
area. Fastens rods in place with wire or
fasteners; bends or adjusts as required.
Selects and places steel bars or spirals in concrete forms to reinforce
concrete; fastens rods together with wire or patented fasteners; may cut rods
with hack-saw or oxyacetylene torch. May
bend rod, using rod bending machine, performs layout work and proper placing of
steel in the concrete forms. May
prefabricate reinforcement assembly for placement complete in forms. Works as a member of a group that raises and
places fabricated or precast concrete beams or structural steel members, such
as girders, plates, columns, and units them permanently to form a completed
structural steel framework. Heats
rivets, signals erection crane, splices cables, rigs equipment. May include dismantling and erecting large
units of equipment. May suspension
bridge cables. Erects, trims, and fits
together by means of bolts and clamps, iron grills, grating, and special
stairways. Erects ornamental enclosures
and other iron work not included in structural ironwork. Fastens ironwork to walls of buildings by
means of bolts, brackets or anchors. Fastens newel posts, balauser,
and other parts of stairways by fastening to supports or embedding them in
sockets. Forges, welds, drills and cuts as needed.
(2) Probationary Ironworker: Probationary
ironworkers shall be paid at the rate of eighty percent of the journeyman ironworker
wage rate and may only work under this classification for no more than 30 days.
O. Painter
(brush): Applies paint, stain, lacquer,
varnish, etc., to surfaces in, on or around building structures, using
appropriate brushes, rollers, sprayers or
trowels. Does preparation of surfaces to
receive paint, including sandblasting, small patching, sanding
and spackling. Mixes and prepares paints
and other materials which are to be applied by painters. Seals, sands and
varnishes hardwood flooring. Paints
structural steel framework of bridges; guard rails and cables of bridges; and
all other surfaces requiring paint. .May
erect and rig stages and platforms from which painters are to work, including
swing stage scaffolding, bosun’s chairs, mechanical, staging, cornice or roof
hooks, scaffolding, and other devices and apparatus necessary to provide safe
forking conditions for painters.
Operates gasoline-powered compressor striping machine and walking type
sprayers for striping parking lots, etc.
P. Paperhanger: Applies wallpaper, fabric, or other materials
used in the same manner as wallpaper, to the interior of rooms. Performs work necessary to prepare surfaces
to receive wallpaper or other similar material including removal of old wall
paper.
Q. Drywall
finisher or taper: Prepares drywall type
construction to receive paint, textone, etc. by
pointing, taping, bedding, texturing, skimming, wire brushing, stripping, wax,
or acid application and finishing.
R. Plasterer: Applies interior and exterior plastering of
cement, stucco and stone imitation or any patented materials when cast. Applies acoustical plaster or materials used
as substitutes for acoustical plaster, as well as the preparatory pointing and
taping of drywall surfaces to receive these finishes. Applies scratch and brown coats on walls and
ceilings where tile, mosaic or terrazzo is to be applied. Molds and sets ornamental plaster and trim
and runs ornamental plaster cornice and molding. Install metal corner beads when stuck by
using plastic materials. Applies gunite, in plastering operations, when it is one and
one-half inches in thickness, the handling and control of the nozzle should be
the work of the plasterer. Spray fire
proofing material on steel beams or columns.
Trowel or sprayed on foam insulation on walls before stucco, etc. Patching outside concrete walls.
S. Plumbers
and pipefitters: Fabricates and installs
piping, and tubing systems, including installation of all necessary hangers and
supports, which are to conduct water, steam, air, and other fluids or gases in
and around buildings. Also installs
vacuum piping systems. Installs drainage
and sewage lines (laterals) from buildings to the point of attachment to mains. Installs plumbing
fixtures, such as sinks, faucets, drinking fountains, commodes, etc. Installs refrigeration equipment. Performs cutting, welding
and burning which is incidental to the work of plumbing or pipefitting, except
as is described under “lead burner”. May
do other work in connection with the installation and testing of heating and
cooling apparatus and control devices.
T. Plumbers
and pipefitters (lead burner): Performs
cutting, burning and welding operations on lead pipes,
tanks, reservoirs, etc.
U. Roofer:
(1) Roofer Journeyman: Installs alters or
repairs roof systems on new or existing roof decks to create a weatherproof and
waterproof protective membrane, with or without insulation, using asphalt,
pitch, tar, sealants, single ply or multiple ply materials, felt, shakes,
shingles, roof tile, slate, coatings, urethane, urethane foam, metal or any
other approved roofing materials, including the preparatory work necessary to
bring such surfaces to a condition where roofing can be installed, sealed, or
repaired. Includes cutting, shaping
fabricating and installing or wood, metal or other
approved materials for fascias, soffits, copings,
cornices, canals, flashing, gutters, leaders, rainwater downspouts, pans,
prefabricated chimneys, at or near roof lines, metal flues, prefabricated roof
curbs. Installs roofing insulation, and
other necessary waterproofing and damp proofing on walls and floors below
ground. May perform other water-proofing
operations using methods which are common to the roofing trade. Handles all roofing materials at job site and
performs all roofing clean-up. Tears off
old roof when roof is to be replaced.
(2) Roofer Helper: Roofer helpers shall
be paid at the rate of sixty percent of the journeyman roofer wage rate. There
is no restriction on the type of work that the roofer helper may perform. The
ratio of heclper to journeyman
is one helper for every three journeymen.
V. Sheet
metal worker: Fabricates and installs
heating and air conditioning ducts and other ductwork. Fabricates and installs hangers, brackets,
etc., used in the installation of sheet metal, and installs grills, registers,
etc., which are part of duct systems.
Fabricates or installs architectural sheet metal in and around
buildings, including metal panel systems, canopies, awnings, exhaust louvers,
and cupolas. Installs warm air furnaces
except where necessary piping for gas or oil is performed under the plumbing
and pipefitting classification. Performs
the testing, measuring, adjusting of air and hydronic flows in a building to
meet design specifications and local building codes to ensure thermal comfort,
indoor air quality, and system energy efficiency are optimized, performs
periodic inspections of fire, smoke and combination fire and smoke dampers and
conducts differential pressure measurements across, and force testing of
stairwell egress doors and performs the functional testing and general required
maintenance of smoke control systems and is responsible for recognizing the
proper installation, application, and usage of smoke control systems. May install other heating and cooling devices
which are in connection with duct systems.
W. Soft
floor layer: Cleans and prepares floors
and other surfaces to which linoleum and floor tile is to be applied. Lays carpets.
Applies appropriate cement to floors and surfaces and installs materials
such as sheet rubber, sheet vinyl, asphalt tile, cork tile, linoleum, rubber
tile, artificial turf and other resilient floor
coverings. Rolls finished floors and
surfaces to smooth and press down coverings which have been applied. Mixes and pours liquid seamless floor covering
on floor, gyms, etc. Installs decorative
or protective trim to and adjoining the above materials including the attaching
of cap strips, nosing, and slats.
X. Sprinkler
fitter: Fabricates, assembles, and
installs all piping and auxiliary devices which are necessary for the complete
installation of sprinkling systems for fire protection in buildings.
Y. Tile
setter: Applies glazed, unglazed,
mosaic, and other ceramic tiles which are used as a surface on floors, walls, ceilings and other surfaces and which must be set to a
specified grade. Applies and floats all
setting beds which these tiles are set into.
Levels and plumbs these tiles to the specified grade.
Z. Tile
setter helper: Handles and mixes
materials to be used in floating beds, generally assists tile setter by
delivering materials, cleaning and caring for tools.
AA. Power
equipment operators - group I performs the following
tasks or operate the following equipment:
(1) Concrete
paving curing machine (Bridge type):
Operates self-propelled machine and operates pump on the machine which
sprays curing compound on freshly poured concrete. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(2) Fireman: Hand strokes or fires by gas or oil, a
portable or semi-portable steam boiler, such as is used on steam shovels, pile
drivers, cranes, dredges, hoisting equipment and asphalt plants.
(3) Oiler: A service man who lubricates mechanical
equipment, gives signals to operator when applicable, changes oil, greases and filters, refuels equipment. May assist mechanic, head oiler or operator
in assembling, setting up, adjusting, maintaining (including operation of steam
cleaners) and repairing all types of construction
equipment. May, when servicing
equipment, drive a truck which carries fuels, oils and
greases. May
use the tools of the trade at and under the direction of a mechanic, head oiler
or operator.
(4) Screedman:
Manipulates handwheels or other devices to raise or lower screeds of
asphalt machine. Regulated width of
screed and depth of material. May oil,
grease, or otherwise service and make necessary adjustments to equipment as
needed.
(5) Scale
operator such as (bin-a-batch).
(6) Tractor
(under 50 drawbar h.p. without attachments): Operates a small diesel or gasoline powered
rubber-tired, farm -type tractor, with no attachments, to pull by drawbar, seed
drills, etc. May oil, grease, or
otherwise service and make necessary adjustments.
(7) Industrial
locomotive brakeman: A semi-skilled
operator who hooks and unhooks various cars, throws switches, operates car
dumps, signals locomotive operator, manipulates controls of loading devices
(hopper conveyors, etc.) and assists locomotive operator. May oil, grease or otherwise service and make
necessary adjustments.
(8) Helpers: mechanic, welder, grease truck and crane
oiler.
AB. Power
equipment operators - group II performs the following tasks or operate the
following equipment:
(1) Tractor
(under 50 drawbar h.p. with attachments): Operates a small diesel or gasoline powered
rubber-tired or crawler tractor. May be
used with attachments such as dozer, tampers, posthole diggers, postdrivers, etc.
May be used to pull brooms, sleds, trailers, etc. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(2) Air
compressor (315 c.f.m. and over): Keeps compressor fueled, oiled, clean and
ready for service. Keeps oilers and air
lines working properly, full of proper oil, sets and checks valves on oiler,
sets and checks air pressure, cut off valve and gauges, checks and maintains
air tools, keeps moisture drained from air tanks, checks governor, sets
throttle to avoid compressor damage.
Checks and repairs air brakes on compressor and repairs air hose.
(3) Pumps
(six inch intake or over): Operates water
pump which pumps water for roadway, prewetting, pumping by transmission line
from water source to job area or other use.
May oil, grease, prime, or otherwise service and make necessary
adjustment to equipment as needed.
(4) Mixer,
concrete (one cubic yard and less):
Operates a small, portable concrete mixing machine to mix sand, gravel, cement and water to make concrete. Starts power unit and does or oversees
loading of materials. Controls the
mixing by levers to discharge concrete from drum. This small machine is sometimes charged by
shoveling in the proportions of materials directly into the mixing drum and
some others have a skip into which materials are shoveled before being hoisted
into the mixing drum. Rinses drum with
water to remove adhering concrete. May
oil, grease or otherwise service and make necessary adjustments as needed.
(5) Roller
(sheepsfoot or pneumatic self-propelled without dozer): Operates a diesel or gasoline driven
self-propelled machine used for compaction.
May oil, grease or otherwise service and make necessary adjustments to
equipment as needed.
(6) Service
truck operator (head oiler-type B or C work):
An operator of a truck equipped with high pressure grease and oil
dispensing equipment. Maintains service
records and performs preventative maintenance and visual inspection. Reports vehicle discrepancies to foreman or
mechanic.
(7) Screening
plants: Operates a screening plan to
sort and segregate material. Regulates
flow of material through chute to screener.
May perform other related work.
May oil, grease, or otherwise service and make necessary adjustments or
repairs to equipment as needed.
(8) Belt
type conveyors (material and concrete):
Operates an endless belt-type conveyor that is a machine designed so the
belt operates between a head pulley and tail pulley which are located on the
opposite ends of the conveyor frame. The
belt rides on carrier rollers so formed in shape and positioned that the belt
forms a trough to carry the loose material.
The operator starts and stops the belt as necessary, maintains the
carrier rollers and belt splices, regulates belt speed for correct loading for
efficient operation and belt life, maintains belt alignment to insure the belt is not loaded on one side which results in
excessive belt wear. Conveyors are used
efficiently in confined areas particularly in the placement of concrete with
portable type conveyors. (Conveyor
systems which are part of a plant shall be operated by the plant
operator). May oil, grease or otherwise
service and make necessary adjustments.
(9) Concrete
paving joint or saw machine or grinder span type: Operates a self-propelled machine which
travels on paving form or pavement and cuts grooves for expansion and
contraction joints in freshly poured concrete or cured pavement. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(10) Hoist
(one drum): Operates a single drum
machine powered by air, electric, gasoline or diesel. Actuates valves, levers, brakes
or other control devices which regulates linepull, hold or line release in accordance with signals
received by sight, hearing or other signaling devices as necessary. Machines are used for various pulling and
hoisting operations on construction work such as to hoist
and lower material in various elevations or to hoist and lower material in
construction and assembly. May oil,
grease or otherwise service and make necessary adjustments.
(11) Air
tugger
(12) Elevating
belt type loaders: Operates a
self-propelled or tractor-drawn elevating grader, bucket, or belt loader. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(13) Lumber
stacker: Operates machine designed to
straddle bundles or stacks of lumber or other objects suitable to be handled by
this specialized machine, hoists and moves materials to various locations. May oil, grease or otherwise service and make
necessary adjustments.
(14) Winch
truck: Drive a heavy duty gasoline or
diesel truck equipped with a winch and gin poles or other hoisting
devices. Shifts winch gears in
accordance with signals from helper on ground.
May service and make necessary adjustments for proper operation of
equipment.
(15) Front
end loader (under two cubic yards):
Operates a runner tired or crawler-type tractor with an attached bucket
on front end. Machine is used to load
materials from stockpiles, excavation, charging batch plants, loading
trucks. May oil, grease, or otherwise
service and make necessary adjustments to equipment as needed.
(16) Fork
lift: Operates a machine powered by
gasoline, diesel or electric power that is equipped with a vertical hoisting
and lowering device that may be canted forward and reverse of vertical center
by means of control devices. Machine is
equipped with fork lifting and designed to slide under loads, machine is used
for lifting and transporting loads. May
oil, grease or otherwise service and make necessary adjustments.
(17) Power
plant (electric generator or welding machine):
Operates a diesel or gasoline driven machine that generates A.C or D.C.
current of 15 K.W. or more used for lighting and electrical power. Keeps cycle and synchronization control board
in adjustment adhering to manufacturers specifications. Keeps governor relay in adjustment. Operates welding machine in bank, for
arc-welding, uses armature dressing stone as required and resets welding heats
as required. May oil grease or otherwise
service and make necessary adjustment.
May perform other related duties.
(Electric power plants, when the principal use is to furnish electric
power for camp sites, shall be excluded).
(18) Cat
head winch
(19) Oiler
with CDL
(20) Concrete
curbing machine
(21) Inside
and outside material and personnel elevators
(22) Industrial
locomotive motorman: An operator of
gasoline, diesel or electric powered railroad locomotive used to push, pull or switch railroad cards of various designs loaded with
muck, concrete, aggregate, or other applications suitable for rail
transport. May oil, grease or otherwise
service and make necessary adjustments.
AC. Power
equipment operators - group III performs the following tasks or operate the
following equipment:
(1) Bituminous
distributors
(2) Boilers
(3) Asphalt
Retort heater: Operates a stationary or
portable piece of equipment designed to apply heat to a tank, tank car, or tank
truck containing asphalt. Starts fire,
controls heat applied to tank by regulating burners. Starts, stops and
controls flow of recirculating pumps.
Maintains desired temperature in asphalt, regulates valves for discharge
of asphalt from tank. May oil, grease or
otherwise service and make necessary adjustments to equipment as needed.
(4) Mixer,
concrete (over one cubic yard): Operates
a large, portable or sometimes stationary concrete
mixing machines to mix sand, gravel, cement and water to make concrete. Starts power unit and oversees the loading of
proper proportions of materials into the skip and then manipulates levers that
control feeding of material into mixing drum.
Starts drum rotating to mixmaterials;
manipulates lever to discharge concrete from drum, either by tilting drum
forward or by opening a discharge chute.
Rinses drum with water to remove adhering concrete. May oil, grease, or otherwise service and
make necessary adjustments to equipment as needed.
(5) Concrete
paver mixer (single drum): Operates a
paving machine that mixes and dumps concrete, the machine consisting primarily
of a skip, concrete mixer, and a boom equipped with a traveling bucket and a
power plant, all mounted upon a crawler or wheel unit. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(6) Drilling
machine (cable, core or rotary): Sets up and operates a portable cable, core,
diamond or rotary drill for the purpose of drilling water wells or exploratory
drilling. May drill pilot holes for piling. May oil, grease, or otherwise service and
make necessary adjustments.
(7) Shaft
and tunnel type equipment:
(a) Refrigeration: Operates a plant designed to circulate brine
or other refrigerant through piping system to freeze specified areas for
purpose of drilling, trenching, boring, blasting and stabilizing
formations to permit such operations.
Maintains pressures, vacuum, intercooling and other related
functions. May keep brine or other
refrigerants at proper levels in supply tanks.
(b) Slusher
operator: Operates hoist as described
under one or two drum hoist to raise and lower, drag
and release a bucket similar to dragline bucket without a bottom in it. To move loose material into dump chute or
other purposes. Sheaves to control line
direction are usually secured to roof, side or face of excavation by rock
bolts. May oil, grease or otherwise
service and make necessary adjustments.
(c) Jumbo
form or drilling stage: Operates a
specialized machine usually mounted on rails or rubber-tired wheels which has
surrounding it, expandable, retractable forms.
Drilling stage consists of one or more drilling stages from which
drilling operations at the phase are performed for blasting. The operator positions machine for drilling,
removes it for blasting, connects and disconnects air and water lines from the
source as needed. May oil, grease or
otherwise service and make necessary adjustments.
(8) Trenching
machine: Operates a power-driven machine
that digs trenches for sewer, water, drainage, oil and gas pipelines, footings,
etc. The trenching machine is mounted on
crawler treads or rubber tires with the digging equipment usually consisting of
an endless chain or wheel or edged buckets that excavate and deposit the
material on a conveyor belt which in turn discharges the material at the side
of the trench. May oil, grease or
otherwise service and make necessary adjustments to equipment as needed.
(9) Pumpcrete machine:
Operates a concrete pumping machine that pumps fresh concrete from mixer
to forms that mold fresh concrete. Sets
up pump, operates power unit of pump and allows fresh concrete to flow into
hopper or pump. May oil, grease or
otherwise service and make necessary adjustments to equipment as needed.
(10) Gunite machine:
Operates a machine designed to pump dry sand and cement mixture forced
under high air pressure to various areas specified for gunite
treatment. May oil, grease or otherwise
service and make necessary adjustments.
(11) Concrete
slip-form paving machine: Operates a
self-propelled machine with long forms attached which move
along with the machine. Machine
vibrates, screeds, spreads and finishes the
surface. Operates a roto-mill machine
(machine with plane to smooth). May oil,
grease or other service and make necessary adjustments to equipment as needed.
(12) Mechanical
bull floats
(13) Concrete
paving spreader: Operates a
self-propelled machine that rides on the paving forms. Operates controls to spread fresh concrete
evenly over subgrade or in concrete forms.
May oil, grease or otherwise service and make necessary adjustments to
equipment as needed.
(14) Concrete
paving finishing machine: Operates
self-propelled machine which travels on subgrade or paving forms and levels
fresh concrete to approximate grade and contour by pushing and pulling screeds
over the surface. May oil, grease or
otherwise service and make necessary adjustments to equipment as needed.
(15) Subgrade
or base finisher: Sets and adjusts
machine to grade or string line.
Operates necessary controls for grading, cutting
and finishing subgrade or treated and untreated base material. May oil, grease, or otherwise service and
make necessary adjustments to equipment as needed.
(16) Concrete
paving sub grader: Operates a machine
that finishes subgrade. Machine runs on
concrete paving forms or subgrade and is equipped with knives or blades to
loosen material and eject same from subgrade. May oil, grease or otherwise service
equipment as needed.
(17) Concrete
paving form grader: Operates a machine
that controls subgrade under forms used in concrete paving and is equipped with
knives or blades to loosen dirt and eject same from
the form line grade. May oil, grease or
otherwise service and make necessary adjustments to equipment as needed.
(18) Concrete
paving gang vibrator: Operates a
self-propelled machine which travels on paving forms and operates levers to
lower multiple vibrator heads into freshly poured concrete. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(19) Concrete
paving longitudinal float: Operates a
self-propelled machine which travels on paving forms and moves levers to strike
off the concrete to correct elevation.
Machine has one or more screeds traveling longitudinally. Operates milling machine (makes ridges). May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(20) Bituminous
finishing machines
(21) Certified
forklift
(22) Asphalt
distributor: Sets spray bar and operates
valves and levers of distributor to control distribution of oil or bituminous
liquid, also may drive truck on one-man operated distributor. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(23) Asphalt
paving or laydown machine: Manipulates
controls of paving machine that spreads and levels asphaltic concrete. May oil, grease, or otherwise service and
make necessary adjustments to equipment as needed.
AD. Power equipment
operators-group IV performs the following tasks or operates the following
equipment:
(1) Front
end loader (two through ten cubic yards):
Operates a rubber tired or crawler-type tractor with an attached bucket
on front end. Machine
is used to load materials from stockpiles, excavation, charging batch
plants, loading trucks. May oil, grease,
or otherwise service and make necessary adjustments to equipment as needed.
(2) Rollers
steel wheeled (all types): Operates a
self-propelled machine with steel flat wheels which is used to compact and
smooth earth fills, flexible bases, bituminous roads surfaces. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(3) Bulldozer: Operates a tractor with a concave steel
scraper blade mounted in front of the chassis to level, distribute and push
earth; regulates height of blade. Uses tractor as a pusher in loading earth
carrying equipment. May oil, grease or
otherwise service and make minor repairs to equipment as needed.
(4) Scrapers
(motor or towed): Operates a tractor or
self-propelled machine to pull a steel bowl-like scoop (scraper) mounted on
wheels that scrapes up earth and transports it to a designated place;
manipulates necessary scraper controls.
May oil, grease or otherwise service and make necessary adjustments to
equipment as needed, twin bowl scraper and quad eight or nine pushers ($.35
over base rate). Three bowl scraper
($.60 over base rate).
(5) Batch
or continuous mix plant (concrete, soil, cement or
asphalt): Sets up and operates a large
portable or stationary plant for batching concrete, soil-cement or asphaltic
materials and aggregates; responsible for control of mixture and plant. May oil, grease, or otherwise service and
make necessary adjustments to equipment as needed.
(6) Bobcat
with hydraulic backhoe with buckets up to one (1) and one quarter cubic yards.
(7) Backhoes
with buckets up to ¾ cubic yard-Type B or C work.
(8) Small
Articulating Truck
AE. Power equipment
operators-group V performs the following tasks or operates the following
equipment:
(1) Concrete
paver (double drum): Operates a paving
machine that mixes and dumps concrete, the machine consisting primarily of a
skip, concrete mixer and a boom equipped with a traveling bucket and a power
plant, all mounted upon a crawler or wheel unit. May oil, grease, or otherwise service and
make necessary adjustments to equipment as needed.
(2) Hoist
(two drums): Operates a two drum machine
powered by air, electric, gasoline or diesel.
Actuates valves, levers, brakes or other
control devices which regulates linepull, hold or
line release in accordance with signals received various pulling and hoisting
operations on construction work such as:
to hoist and lower material in various elevations; to hoist and lower
material in construction and assembly.
May oil, grease or otherwise service and make necessary adjustments.
(3) Cat
cranes
(4) Hysters
(5) Forklifts
over 20,000 lbs. lifting capacity
(6) Auto
fine grader
AF. Power
equipment operators-group VI performs the following tasks or operates the
following equipment:
(1) Mucking
machine (all types): Operates a machine
designed especially to work in confined spaces, generally operated by air or
electric power to minimize air pollution, underground. Rocker shovel types have front-mounted
buckets that are loaded by being pushed into the material and lifted over the
machine and dumped into an attached car, or lifted to a point that gravity
dumps the material from the back of the loaded bucket onto a conveyor belt that
runs over the machine to a dumping point or into attached car. This type mucking
machine usually operates on tracks or are crawler mounted. The bucket is hinged to a boom which in turn
is hinged to a turntable on the main frame which allows the main frame to
travel in one direction while the swinging action of the bucket can reach out
to the sides to remove such loose material generally called muck. These machines are especially suited for
underground, emptying into conveyors or into cars. May oil, grease or otherwise service and make
necessary adjustments.
(2) Tractor
with hydraulic backhoe.
(3) Backhoes
with buckets up to one and one quarter cubic yards- Type B or C work.
(4) Service
truck operator (head oiler-type A or H work):
An operator of a truck equipped with high pressure grease and oil
dispensing equipment, which may have gasoline and diesel fuel tanks, who
lubricates, changes oil and filters and refuels equipment. Maintains service records and performs
preventative maintenance and visual inspection.
Reports vehicle discrepancies to foreman or mechanic.
(5) Motor
grader (rough): Operates motor
grader. Blade
is mounted on a carrying and turning circle under the frame of the
machine. Equipment is used in leveling
dirt to grade and in laying asphalt and flexible base materials. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
AG. Power
equipment operators-group VII performs the following tasks or operates the
following equipment:
(1) Steam
engineers
(2) Front
end loader (over 10 cubic yards):
Operates a rubber tired or crawler-type tractor with an attached bucket
on front end. Machine
is used to load materials from stockpiles, excavation, charging batch
plants, loading trucks. May oil, grease,
or otherwise service and make necessary adjustments to equipment as needed.
(3) Concrete
pump (snorkel type)
(4) Mining
machine
(5) Concrete
batching plant operator
(6) Asphalt
plant operator
(7) Crushing
plant operator- Operates a crusher to control flow of materials through
plant. Regulates flow of rock through
chute to crusher. May perform other
related work. May oil, grease, or
otherwise service and make necessary adjustments or repairs to equipment as
needed.
(8) Hot
plant operator
(9) Roof
Bolting Machine
(10) Shuttle
Car Operator
AH. Power
equipment operators-group (VIII-All shovel type equipment that does not require
a State of New Mexico crane license) performs the following tasks or operates
the following equipment:
(1) Side
boom: Operates a diesel or gasoline
powered rubber-tired or crawler-tractor on which is mounted a side boom
attachment with necessary hoisting devices.
Positions tractor, manipulates control levers, clutches, brakes, and
other controls to raise or lower boom, raise or lower
load. By tractor motivation, loads may
be transported to desired location. May
oil, grease or otherwise service and make necessary adjustments.
(2) Crane
(crawler or mobile under ten tons):
Operates crane type equipment to hoist and move materials and perform
other related operations. Such equipment
is used for pouring concrete, setting steel or other miscellaneous tasks for
which crane type equipment is required.
May oil, grease or otherwise service and make necessary adjustments to
equipment as needed.
(3) Backhoes
with buckets over one and one quarter cubic yards- Type B or C work.
(4) Backhoes
over a 3/4 yard bucket—Type A or H work.
(5) Derrick,
cableway: Operates guy, stiff leg or other derrick, cableway.
(Derricks are distinguished from cranes by being stationary and being
supported by cables, or structural member, but may be repositioned to higher
levels as construction progresses).
Derricks use a hoist as described in building hoists, two drums and up,
but may vary with different designs, as the source of power for line pull, hold or release through sheaves on the particular derrick or
cableway for lifting and moving materials to higher, lower, or the same levels
in construction. The operator controls
in accordance with signals received by sight, hearing or other signaling
devices. If necessary
may oil, grease or otherwise service and make necessary adjustments.
(6) Track
or excavator backhoe
(7) Pipemobile
(8) Pile
driver: Operates the basic machine, and
applicable hammer controls to which pile driving attachments are attached. Pile driving attachments normally consists of
leads, to service as a guide for the weight, hammer or extractor.
The drop hammer is a weight hoisted by cable along the leads and
released to fall by gravity onto the pile.
Steam, compressed air, hydraulic, sonic and diesel hammers ride along
the leads resting on top of pile or pile cap striking blows on the down stroke
of the hammer, from its power source, onto the pile being driven. The extractor is a steam or air hammer that
strikes its blows on the upstroke of the hammer equipped with devices for
attachment onto the piling to be pulled.
May drill or jet pilot holes. May
oil, grease or otherwise service and make necessary adjustments.
(9) Mine
hoists: Operates hoists used in mining
operations and in compliance with the department of mines regulations. Hoists and lowers men and materials in shafts
and inclines in accordance to authorized signals. May oil, grease or otherwise service and make
necessary adjustments.
(10) Motor
grader (finish)
(11) Mechanic
and welder: Assembles, sets up, adjust and maintains and repairs all types of construction
equipment, such as internal combustion engines, air compressors, pumps,
concrete mixers, heavy earth moving equipment, rock crushers and paving
equipment.
(12) Mole
operator: Operates a horizontal boring
machine which is the vertical rotating cutter head which deposits muck onto
conveyor that passes over the machine to a dump point. The operator controls the elevation and
direction and travel by hydraulic rams.
The machine is a specialized piece of machinery for tunnel boring. May oil, grease or otherwise service and make
necessary adjustments.
(13) Mobile
pipeline inspection camera
(14) Operator
or rigger
(15) Crane
inspector
(16) Continuous
mining machine
(17) VAC
jet rodder
(18) Equipment
instructor
(19) Heavy
equipment robotics operator or mechanic
(20) Ultra
high pressure waterjet cutting tool system operator/mechanic
(21) Vacuum
blasting machine operator or mechanic
(22) Master
environmental maintenance mechanic
AI. Power equipment
operators-group IX: operate hydraulic
cranes with less than 150 feet of boom and over 10 tons but less than 100 tons
lifting capacity including boom trucks (NM, Class II, license required).
AJ. Power equipment
operators-group X: operate hydraulic
cranes and boom trucks (100 tons and over); cranes and draglines with booms and
jibs over 150 feet through 199 feet; $.75 above base rate per hour additional;
cranes 200 feet and over $1.00 additional; tower cranes (NM, Class I Crane
License Required).
AK. Truck drivers
group I:
(1) Pickup
truck 3/4 ton or under: Drives a light
truck for transporting small loads of construction materials, tools or equipment.
May service and make necessary adjustments for proper operation of
equipment.
(2) Service
station attendant:
Maintains service station. Washes,
lubricates, fuels and otherwise services vehicles and equipment. Changes and repairs tires and tubes. Operates and maintains service station
equipment.
(3) Swamper or rider helper:
Assists truck driver. Shares with
a driver the duties of loading and unloading a truck, shifting articles about
on truck, handling cumbersome articles and may drive to relieve driver.
AL. Truck
drivers-group II:
(1) Bus
or taxi: Drives a bus or taxi to transport
employees to and from construction project.
May oil, grease, or otherwise service and make necessary adjustments to
equipment as needed.
(2) Dump or
batch truck: Drives a truck, under eight
cubic yards, for transporting loads of construction material. May service and make necessary adjustments
for proper operation of equipment.
(3) Flatbed
(bobtail) two ton and under: Drives a
truck for transporting loads of construction materials or equipment. May load and unload truck. May service and make necessary adjustments
for proper operation of equipment.
AM. Truck drivers-group
III:
(1) Dump
trucks (including all highway and off highway):
Drives a truck, eight cubic yards and under 16 cubic yards, for
transporting loads of construction material.
May service and make necessary adjustments for proper operation of
equipment.
(2) Tank
truck: Drives a truck or truck with
trailer or semi-trailer, on which is mounted a tank, under 3,000 gallons, for
transporting loads of liquid products or construction material. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(3) Flatbed
(bobtail) over two tons: Drives a truck
for transporting loads of construction materials or equipment. May load and unload truck. May service and make necessary adjustments
for proper operation of equipment.
AN. Truck driver-group
IV:
(1) Distributor
(asphalt): Only drives truck equipped
with tank and controls for regulating distribution of bituminous
materials. Does not operate levers or
valves (See Power Equipment Operators-Group III). May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(2) Heavy
tire repairman
(3) Lumber
carrier: Drives truck that hauls logs
and lumber with truck trailer or bobtail.
(4) Transit
mix or agitator (two or three axle bobtail equipment): Drives a truck upon which is mounted a
concrete mixer. Drives truck under
loading hopper to receive sand, gravel and
cement. Fills water tank and starts and
stops mixer. Drives truck to location
for unloading. Dumps concrete into chute
leading to forms. Cleans mixer
drum. May service and make necessary
adjustments for proper operation of equipment.
(5) Scissor
truck
(6) Trailer
or semi-trailer dump: Drives a truck to
which is attached a trailer or semi-trailer dump used in transporting
construction materials.
(7) Field
equipment servicemen
AO. Truck driver-group
V:
(1) Dumpster
or dumptor:
Operator of a self-propelled, four-wheeled, rubber-tired truck type
machine which is used in hauling of materials. Machine is normally
used off the highway, working around rock crushers or excavation. Being reverse steer, the
operator rides facing the dump-bed which is dumped by release of safety
lock and sudden stop of machine, which causes off center loading of truck bed
to dump. May oil, grease or otherwise
service and make necessary adjustments to equipment as needed.
(2) Tank
truck: Drives a truck or truck with
trailer or semi-trailer, on which is mounted a tank, 3,000 to 6,000 gallons,
for transporting loads of liquid products or construction material. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(3) Lowboy,
light equipment: Drives a truck to which
is attached a trailer with a low frame or bed upon which light equipment or
material is hauled. May service and make
necessary adjustments for proper operation of equipment.
(4) Euclid
type tank wagon under 6,000 gallons.
AP. Truck driver-group
VI:
(1) Vacuum
truck
(2) Dump
trucks (including all highway and off highway):
Drives truck, 16 cubic yards and under 22 cubic yards, for transporting
loads of construction material. May
service and make necessary adjustments for proper operation of equipment.
AQ. Truck driver VII:
(1) Transit
mix or agitator (semi or four axle equipment):
Drives a truck upon which is mounted a concrete mixer. Drives truck under loading hopper to receive
sand, gravel and cement. Fills water tank and starts and stops
mixer. Drives truck to location for
unloading. Dumps concrete into chute
leading to forms. Cleans mixer
drum. May service and make necessary
adjustments for proper operation of equipment.
(2) Flaherty
truck type spreader box: Drives a
self-propelled vehicle, consisting primarily of a hopper mounted on
pneumatic-tired wheels, used to spread crushed aggregate on bituminous roadway
material. May service and make necessary
adjustments for proper operation of equipment.
(3) Slurry
truck driver
(4) Bulk
cement driver
(5) Semi
doubles driver
(6) Four
axle bobtail driver
(7) Dump
trucks (including all highway and off highway):
Drives truck, 22 cubic yards and under 36 cubic yards, for transporting
loads of construction material. May
service and make necessary adjustments for proper operation of equipment.
(8) Head
field equipment servicemen.
AR. Truck driver VIII:
(1) Diesel-powered
transport (non-self-loading) 10 yards and over:
Drives diesel powered Euclid Turnarocker,
Terra Cobra, D.W.-10, D.W.-20 Le Tourneau pulls and
similar diesel powered equipment when used to haul material and assigned to a
“teamster”.
(2) Lowboy,
heavy equipment: Drives a truck to which
is attached a trailer with a low frame or bed upon which light equipment or
material is hauled. May service and make
necessary adjustments for proper operation of equipment.
(3) Tank
truck: Drives a truck or truck with
trailer or semi-trailer, on which is mounted a tank 6,000 gallons and over, for
transporting loads of liquid products or construction material. May oil, grease or otherwise service and make
necessary adjustments to equipment as needed.
(4) Semi-trailer
drivers (flatbed or van, tandems)
(5) Light
equipment mechanic
(6) Dump
trucks (including all highway and off highway):
Drives truck, 36 cubic yards and over, for transporting loads of
construction material. May service and
make necessary adjustments for proper operation of equipment.
AS. Truck driver IX:
(1) Warehouseman: Maintains warehouse for construction supplies
and materials. May operate necessary
equipment and machinery within warehouse area.
(2) Cardex men
(3) Expediter
(4) Lowboy
(heavy equipment double gooseneck
(5) Heavy
equipment mechanic
(6) Welder
(body and fender man)
AT. Semi-skilled
laborers Group II:
(1) Carpenter
tender: Performs labor such as hand
handling of materials used by carpenters.
Assists in erecting and removing of forms,
removes nails and clears lumber.
(2) Concrete
worker or buggy operator: Pours and
performs other work in relation to the lining with concrete. Operates buggy by pushing or pulling by hand
between mixer or other source to site of work.
(3) Curbing
machine, asphalt or cement: Operates a machine which applies asphalt or
concrete along the edge of highways or parking aprons to form a small curb.
(4) Scaffold
tender: Tends to the scaffold builder.
(5) Certified
flagman: Supervises flag and signing
personnel. Prepares revision to the
traffic control plan.
(6) Bleacher
seating: Unloads, moves to place of
erection, assembles and installation of all stadium seating.
(7) Fence
builder: Digs post holes, pours concrete
for posts, sets posts, stretches fencing material.
(8) Guardrail
builder: Attaches and assists in the
installation of guardrails, (other than guardrails on bridges) guardrail posts,
informational signs and metal fencing; including barb wire, woven wire, and
chain link which is used to define right of way,
medians or driving lanes or provide safety for such areas. May require the use of small hand tools such
as hammer and spud wrench.
(9) Form
stripper: Strips, cleans
and oils all types of concrete forms.
(10) Gabian
basket builders: Assembles wire baskets
for rip rap.
(11) Rip
rap stoneman: One who places stones into
gabian baskets.
(12) Drywall,
stocking and handling:
Carries and handles of all materials by hand to a point adjacent to
place of erection. Assists in placement
of materials.
(13) Fly
ash vacuum operator: Installs vacuum
lines and operates nozzle of vacuum hose at power plants in the cleanup of ash.
(14) Landscaping
and planter: Duties include site
development, soil preparation, rototilling, fine grading, soil amending,
installation of plants, seeded and sodded grasses, gravel and bark mulches. Installation of landscape sprinkler systems
including landscape irrigation backflow preventers, and all components
downstream including pipe, valves, low voltage control wiring, irrigation
controllers, sprinkler heads, and drip components. May operate small behind and stand-on only
landscape equipment (including miniskid steers with
attachments). Maintenance of landscapes
including weeding, mowing, and irrigation repair. Duties do not include electrical work,
fencing, concrete retaining walls or other work that is generally performed by
skilled craftsmen.
(15) Manhole
builder: Constructs a means of permanent
access to water, electrical and sewer lines for maintenance purposes.
(16) Tool
room person: manages, inspects
and coordinates all tool room activities and exchanges.
(17) Rodmen: holds survey rod.
(18) Tenderers (to cement mason and
plasterer): Assists in the pouring of
concrete by spreading concrete, cleaning and caring of
cement mason’s tools, mixes mortar used in the patching of concrete. Mixes mortar for plasterers and delivers same
to location where plasterers are working.
Sets up scaffolding as directed by foreman where necessary,
and cleans and cares for tools and equipment used in the preparation and
application of plaster.
AU. Skilled
laborers: Group III:
(1) Air
and power tool man (not a carpenter’s tool):
A worker who uses a tool driven by compressed air, gas
or electric power to perform such work as breaking old pavement, loosening or
digging hard earth, trimming bottom and sides of trenches, breaking large
rocks, driving sheeting, chipping concrete, trimming or cutting stone, calking steel plates, or
compaction of earthen backfill. Install
plastic and PVC linings on ponds. Rotary
man operates a hand-held device to make cuts on road with a person holding a
nozzle to fill cuts with oil.
(2) Asphalt
raker: Distributes asphaltic
road-building materials evenly over road surface by raking and brushing
materials to correct thickness; may control straight edge to regulate width and
depth of materials; directs “asphalt shovelers” when to add or take away
material to fill low spots or to reduce high spots. Applies color to tennis courts, etc. by using a squeegee. Applies epoxy on concrete floors to seal.
(3) Asphalt
heaterman:
Tends a stationary or portable liquid asphalt kettle, starts fires
(usually fuel oil) under the kettle, controls heat applied to the kettle by
regulating dials or burners, maintains desired temperature in asphalt, and
regulates valves for discharge of asphalt from kettle.
(4) Asphalt
jointman:
Cleans and pours asphalt joints in concrete paving with nozzle or
can. Takes care of asphalt kettle
heaters.
(5) Chain
saw-man: Operates a power driven chain
saw to clear areas of timber. Fells
trees, and sometimes cuts the fallen trees into short sections to facilitate
their removal.
(6) Oxy
or Gasoline torch operators: Uses
cutting torch only for demolition work on steel or other metal structures.
(7) Cutting
torch or welding torch operator or burner person: Uses cutting torch only for demolition work
on steel or other metal structures.
(8) Gunite rebound men:
A laborer who shoots gunite into place.
(9) Concrete
power buggy operator: Drives
self-propelled buggy to transport concrete from mixer or source of supply to
place of deposit. Operates levers to
dump load.
(10) Sandblaster: Cleans and prepares surfaces by the use of sandblasting equipment other than preparation
for painting (see painter).
(11) Potman: Cleans screens and feeds sand to hopper or
pot of sandblasting machine. (12) Wagon, air track,
drill and diamond driller (outside): Sets up and operates air driven drilling
mechanism that drills holes into concrete or rock. Levels machine by placing timbers under
wheels. Inserts and fastens drill steel
in chuck. Adjusts angle of drill tower
and bolts into position. Controls
drilling and speed of drill by moving levers.
May make other adjustments to equipment as needed.
(13) Multi-plate
setter: Assembles large diameter metal
culverts by bolting together semi-circular pieces of metal to form a complete circle, and bolts each section of this circle to similar
sections which are placed adjacently, repeating these processes until the
required length of culvert is formed.
(14) Concrete
burner: Operates a devise
used to burn holes, etc., through concrete.
This devise consists of a consumable
aluminum-magnesium rod inside a small iron pipe. Oxygen is forced through the pipe under
pressure, and the end of the assembly is lighted. The concrete is melted by the intense heat of
the device.
(15) Mortar
mixer and mason tender: Mechanically
mixes mortar ingredients to proper consistency and delivers to mason on
scaffold or at site of work. Keeps
materials supplied to mason.
(16) Batching
plant scaleman:
Manually operates a stationary or portable batching scale that weighs
out concrete materials. Adjusts scales
for required weight of the materials.
Operates controls that admit materials separately from storage hoppers
to weighing bins. Observes scales or
indicators that show when proper amount of materials
have been made. Discharges materials
from weighing bin into truck or other carrier or
mixer. He may measure materials by
volume instead of weight.
(17) Concrete
touch-up man: Prepares the surfaces of
concrete masonry which is not to be finished (using tools other than those
normally used by “cement masons’) by patching holes and broken corners, and removing high spots and defective concrete.
(18) Concrete
sawman - coring machine: Operates a power driven, hand guided,
water-cooled saw or diamond driller which is used to
cut through slabs of concrete, except as otherwise provided elsewhere.
(19) Metal
form setter-road: Fits together, aligns
and grades metal road forms for holding concrete in place on road and street
surfaces. Dismantles, moves
and cleans forms after concrete hardens.
(20) Grade
setter or checker: Keeps stakes and
stringline set in place out in front of trenching machine so that machine will
cut ditch in correct location. Sets
stakes so that pipelayers can fine-grade ditch and measure from the batter
board down to correct depth of ditch.
(21) Gunite, pumpcreteman and
nozzleman: Assists operator and handles
the equipment and directs the placing of concrete or mortar that is moved by
pressures or pneumatic equipment, such as gunite. May fine-grade and place wire mesh at times.
(22) Vibrator
operator (hand type): Lowers hose-like
flexible shaft of vibrator into newly poured concrete. Starts power unit and holds shaft, allowing
hammerhead on shaft to vibrate, thus compacting the concrete. Air, electric or gasoline operated vibrators
are used.
(23) Vibratory
compactor (hand type): Operates hand
guided vibratory or impact compactor.
Adjusts levers, throttles and other devices
necessary for operation.
(24) Hod
carrier: Assists brickmasons,
stonemasons and blockmasons by preparing mortar mix,
either by hand or machine, delivers material to masons on scaffold, operates
small material moving equipment such as power buggy, hoists, mortar mix pumps
and other similar equipment. May erect
and dismantle bricklayer scaffolds.
(25) Pipelayer: Unloading, handling, distribution and
installation, concrete, corrugated metal pipe and corrugated and smooth wall
plastic pipe, PVC and polyethylene pipe. Receives pipe lowered from top of trench;
joins pipe ends; adjusts pipe to line and grade; seals joints with cement or
other sealing compound. Lowers pipe.
(27) Plaster
spreader operator: Mixes plaster to be
used in a machine which is designed to apply plaster to surfaces by means of a
hose. Handles and maintains hose, places and moves machine, and services and maintains
machine.
(28) Jack
hammer and chipping hammer operator: Operates
jackhammer, chipping hammer, whether powered by air or electric or any other
means.
(29) Tamper
operator: Performs the compacting of
soil using walk or stand behind equipment.
(30) Scaffold
builder: Erects and dismantles all types
of scaffolding, except wood scaffolding, for job site.
(31) Powderman
tender: Carries powder or other
explosive to blaster or powderman and assists by placing prepared explosive in
hole, connecting lead wire to blasting machine, and performing other duties as
directed.
(32) Water
pump tender: fuels and tends to all
water pumps under 6” for the purpose of moving water on the job site.
(33) Certified
scissor lift or man lift operator:
Person who completes competent person training certification in the
operation of scissor and man lifts.
AV. Specialty
laborer: Group IV:
(1) Asbestos
abatement remover: A person who has
proper certifications for removal of asbestos from pipes, ceiling
and other parts of existing buildings, either by scraping or by using pressure
by water. In addition, this definition
includes a person who cleans up and disposes of asbestos after it has been
removed.
(2) Toxic
and hazardous waste remover: Person who
has the proper certification for the removal of toxic and hazardous materials.
(3) Lead
base paint remover: Person who has the
proper certifications for the removal of lead base paints.
(4) Powderman
and blaster: Prepares blasting material
and inserts this material into predrilled holes. Performs electrical wiring necessary for
detonation and assures that all charges have detonated before other workmen
resume work in the area made hazardous by the charges.
(5) Pest
technician (Licensed by the Bureau of Rodent Management): Technician certified for the removal and
handling of rodents and pests.
(6) Radiation
worker II: Person that completes proper
training for work in areas containing radiation.
AW. Unskilled
laborers: Group I:
(1) Chainman,
stake driver, stake hopper: Carries
supplies, drags chain, holds survey rod, drives stakes and assists surveyor in
other related duties.
(2) Building
and common laborer: A general term used
on construction work covering many unskilled occupations. A laborer works with all crews doing
everything from pick and shovel work to cleaning up lumber with hammer;
shoveling and placing concrete; applying coats of oil to inside face of forms;
stripping forms; working on rock crusher to feed trap; opening cement sacks at
batch plant; working with dirt crew to move construction layout stakes; working
as flagman, signalman or spotter to control traffic; serving as dumpman; spreading hot asphaltic material over roadbed with
shovel; operating hand concrete buggy or wheelbarrow; helping painter to
prepare surfaces for painting and cleaning paint equipment. Does not include roofing cleanup.
(3) Concrete
buggy operator (hand): Operating buggy
by pushing or pulling by hand between mixer or other source to site of work.
(4) Fire watch: a laborer who watches the work area for fires
when craftsmen are cutting or welding.
(5) Flagman: Flagman is stationed at strategic locations
to control flow of traffic by hand held flags or other hand held warning
device.
(6) Window
washer: Cleans and washes windows.
(7) Unloading
of furniture and fixtures: Unloads
furniture and fixtures from trucks and moves them to the place of installation
or storage.
(8) Heat
tenders: Fuels and tends to heaters use
on the job sites.
AX. Underground laborers: Group I
Tunnel
workers: Outside laborer, minimum tunnel, labor, dry houseman and hand muckers,
top landers, trackmen.
AY. Underground laborers: Group II
Chuck tender, cable or base tenders,
concrete laborers, dumpmen, whirley pump operators,
tenders on shotcrete, gunniting and sandblasting,
tenders core and diamond drills, pot tenders, concrete specialist (1) including
finishing, grouting, patching, and curing, concrete specialist tender (2),
applying of concrete processing materials, concrete worker, (including all
chipping and finishing underground).
AZ. Underground Laborers: Group III
Shaft Miner, tunnel miner, air tugger
operators, collapsible form movers and setters, machine men and bit grinders,
nippers, powdermen and blasters, reinforcing steel setters, timbermen (steel or
wood tunnel support, including the placement of sheeting when required), tunnel
liners, plate setters, all cutting and welding incidental to miners’ work,
vibrator men, internal and external, unloading, stopping and starting of moran agitator cars, diamond and core drill operators,
shotcrete operator, gunnnite nozzelmen.
[11.1.2.18
NMAC - Rp, 11.1.2.17 NMAC, 12/30/2016; A, 1/1/2023; A, 5/19/2023; A, 1/1/2024]
11.1.2.19 APPRENTICES:
A. Requirements of
apprentices:
(1) All
apprentices shall be properly indentured.
(2) Apprentices
used on public works projects shall be in training and in compliance under
registered apprenticeship standards and written apprenticeship agreements, and
their employment shall be in accordance with the provisions of such
apprenticeship standards and apprenticeship agreements.
(3) Apprentices
shall be employed only at the work of the trade to which they are indentured.
(4) Certification
showing registration status of apprentices must accompany the first full
payroll on which each apprentice first appears.
Certification on any registered apprentice
shall be made by the contractor, and verification may be obtained from the
Labor Relations Division, Apprenticeship Office.
B. Method of
establishing apprentice wage rates:
Every apprentice shall be paid a wage rate applicable to his craft and
classification in accord with the wage rates
established by the approved apprenticeship program.
C. Apprenticeship
contribution rates: the director shall
consider the apprenticeship contribution rates set forth in the collective
bargaining agreements that are received and reviewed in setting the annual wage
and fringe benefit rates and shall determine the contribution requirements for
employers under the provisions of the Public Works Apprentice and Training Act
and Public Works Apprentice and Training Act Policy Manual. The apprenticeship contribution rate to be
included in the table set forth in 11.1.2.20 NMAC shall be a fixed rate based
on the contribution rates set forth in the submitted collective bargaining
agreements. The amount of any apprentice
contribution, which is included in the fringe rate shown in this schedule, may
be deducted from the fringe benefit rate to be paid to, or on behalf of, an
employee.
D. Apprentices
participating in an approved apprenticeship program registered with the
Apprenticeship Office who are required to attend unpaid training sessions during
weeks in which they are not otherwise receiving compensation may be eligible to
receive unemployment benefits for the training weeks under 51-1-1 et seq. NMSA as long
as all other unemployment eligibility requirements are met.
[11.1.2.19
NMAC - Rp, 11.1.2.19 NMAC, 12/30/2016; A, 11/10/2020; A, 1/1/2023]
11.1.2.20 PREVAILING
WAGE AND FRINGE BENEFIT AND APPRENTICESHIP CONTRIBUTION RATES: Pursuant to 11.1.2.13 NMAC, the director of the labor relations
division of the department of workforce solutions hereby publishes the 2024
prevailing wage and fringe benefit rates and apprenticeship contributions that
will apply to all wage rate decisions issued from January 1, 2024 through December 31, 2024.
|
A. TYPE
A: STREET, HIGHWAY, UTILITY AND LIGHT
ENGINEERING |
|
|
|
|
Trade Classification |
Base Rate |
Fringe Rate |
Apprenticeship |
|
Bricklayer/block layer/stonemason |
27.03 |
10.99 |
|
|
Bricklayer/block layer/stonemason: Curry, DeBaca, Quay and
Roosevelt counties |
23.10 |
8.98 |
|
|
Bricklayer/block layer/stonemason: Dona Ana, Otero, Eddy, and
Lea counties |
29.56 |
14.10 |
|
|
Carpenter/lather |
29.11 |
12.79 |
|
|
Carpenter: Los Alamos county |
33.18 |
13.58 |
|
|
Cement mason |
19.34 |
7.41 |
|
|
Drywall Finisher/Taper |
26.40 |
8.86 |
|
|
Glazier/Fabricator |
21.75 |
7.10 |
|
|
Ironworker |
|
||
|
Ironworker
journeyman |
28.49 |
18.71 |
|
|
Probationary
ironworker |
22.79 |
18.71 |
|
|
Painter – Commercial |
21.00 |
5.75 |
|
|
Paper Hanger |
21.00 |
5.75 |
|
|
Plumber/pipefitter |
40.74 |
15.90 |
|
|
Electricians – outside classifications: Zone 1 |
|
||
|
Ground man |
26.32 |
12.79 |
|
|
Equipment operator |
37.76 |
17.13 |
|
|
Lineman |
47.70 |
19.92 |
|
|
Journeyman
technician |
44.42 |
19.10 |
|
|
Cable splicer |
48.87 |
20.22 |
|
|
Electricians – outside classifications: Zone 2 |
|
|
|
|
Ground man |
26.32 |
12.79 |
|
|
Equipment operator |
37.76 |
17.13 |
|
|
Lineman |
47.70 |
19.92 |
|
|
Journeyman
technician |
44.42 |
19.10 |
|
|
Cable splicer |
48.87 |
20.22 |
|
|
Electricians
– outside classifications: Los Alamos
county |
|
|
|
|
Ground man |
27.07 |
12.81 |
|
|
Equipment Operator |
38.85 |
17.17 |
|
|
Lineman/Technician |
48.95 |
20.24 |
|
|
Journeyman
technician |
45.70 |
19.42 |
|
|
Cable Splicer |
53.75 |
21.44 |
|
|
Laborers |
|
|
|
|
Group I
– Unskilled |
16.60 |
7.30 |
|
|
Group
II – Semi-Skilled |
17.60 |
7.30 |
|
|
Group
III – Skilled |
18.10 |
7.30 |
|
|
Group
IV - Specialty |
18.60 |
7.30 |
|
|
Operators |
|
||
|
Group
I |
22.42 |
6.79 |
|
|
Group
II |
23.50 |
6.79 |
|
|
Group
III |
23.61 |
6.79 |
|
|
Group
IV |
24.09 |
6.79 |
|
|
Group
V |
24.21 |
6.79 |
|
|
Group
VI |
24.43 |
6.79 |
|
|
Group VII |
24.62 |
6.79 |
|
|
Group
VIII |
25.33 |
6.79 |
|
|
Group
IX |
33.56 |
6.79 |
|
|
Group
X |
37.43 |
6.79 |
|
|
Soft Floor Layer |
21.00 |
9.20 |
|
|
Truck drivers |
|
||
|
Group
I – IX |
19.75 |
9.15 |
|
|
B. TYPE B: GENERAL BUILDING |
|
|
|
|
Trade Classification |
Base Rate |
Fringe Rate |
Apprenticeship |
|
Asbestos
workers/heat & frost insulators |
35.86 |
12.46 |
.60 |
|
Asbestos
workers/heat & frost insulators:
Los Alamos county |
38.29 |
12.46 |
.60 |
|
Boilermaker/blacksmith |
35.88 |
32.28 |
.60 |
|
Boilermaker/blacksmith: San Juan county |
36.83 |
31.88 |
.60 |
|
Bricklayer/block
layer/stonemason |
27.03 |
10.99 |
.60 |
|
Bricklayer/block layer/stonemason: Curry, DeBaca,
Quay, and Roosevelt counties |
23.10 |
8.98 |
.60 |
|
Bricklayer/block layer/stonemason: Dona Ana,
Otero, Eddy, and Lea |
26.42 |
8.98 |
.60 |
|
Carpenter/lather |
29.11 |
12.79 |
.60 |
|
Carpenter: Los Alamos county |
33.18 |
13.58 |
.60 |
|
Millwright/pile
driver |
39.00 |
29.40 |
.60 |
|
Cement
mason |
24.31 |
11.16 |
.60 |
|
Electricians – outside classifications: Zone 1 |
|
||
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians – outside classifications: Zone 2 |
|
|
|
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians
– outside classifications: Los Alamos county |
|
|
|
|
Ground man |
27.07 |
12.81 |
.60 |
|
Equipment operator |
38.85 |
17.17 |
.60 |
|
Lineman/technician |
48.95 |
20.24 |
.60 |
|
Cable splicer |
53.75 |
21.44 |
.60 |
|
Electricians – inside classifications: Zone 1 |
|
|
|
|
Wireman/low
voltage technician |
38.30 |
12.60 |
.60 |
|
Cable splicer |
42.13 |
12.71 |
.60 |
|
Electricians – inside classifications: Zone 2 |
|
|
|
|
Wireman/low
voltage technician |
41.75 |
12.70 |
.60 |
|
Cable splicer |
45.58 |
12.82 |
.60 |
|
Electricians – inside classifications: Zone 3 |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
12.77 |
.60 |
|
Cable splicer |
47.88 |
12.89 |
.60 |
|
Electricians – inside classifications: Zone 4 |
|
|
|
|
Wireman/low voltage technician |
48.26 |
12.90 |
.60 |
|
Cable splicer |
52.09 |
13.01 |
.60 |
|
Electricians – inside classifications: Dona Ana county, Hidalgo county, Luna
county and Otero county |
|
|
|
|
Wireman/low
voltage technician |
32.72 |
9.65 |
.60 |
|
Cable splicer |
32.72 |
9.65 |
.60 |
|
Electricians – inside
classifications: Los Alamos county |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
14.97 |
.60 |
|
Cable splicer |
47.88 |
15.28 |
.60 |
|
Elevator
constructor |
49.77 |
39.19 |
.60 |
|
Elevator
constructor helper |
34.84 |
39.19 |
.60 |
|
Glazier/Fabricator |
21.75 |
7.10 |
|
|
Glazier: Los Alamos county |
21.75 |
7.10 |
.60 |
|
Ironworker |
|
|
|
|
Ironworker
journeyman |
28.49 |
18.71 |
.60 |
|
Probationary
ironworker |
22.79 |
18.71 |
.60 |
|
Painter
|
21.00 |
5.75 |
.60 |
|
Painter: Los Alamos county |
31.18 |
11.50 |
.60 |
|
Paper
Hanger |
21.00 |
5.75 |
.60 |
|
Paper
Hanger: Los Alamos county |
32.06 |
11.50 |
.60 |
|
Drywall
Finisher/Taper – Light commercial & residential |
|||
|
Ames tool operator
|
27.40 |
8.86 |
.60 |
|
Hand finisher/machine
texture |
26.40 |
8.86 |
.60 |
|
Drywall
Finisher/Taper: Los Alamos county |
31.18 |
11.50 |
.60 |
|
Plasterer |
24.76 |
9.99 |
.60 |
|
Plumber/pipefitter |
36.91 |
14.75 |
.60 |
|
Roofer |
|||
|
Roofer journeyman |
26.94 |
9.36 |
.60 |
|
Roofer helper |
16.16 |
9.36 |
.60 |
|
Sheet
metal worker |
|||
|
Zone 1 |
37.50 |
19.08 |
.60 |
|
Zone 2 – Industrial |
38.50 |
19.08 |
.60 |
|
Zone 3 – Los Alamos county |
39.50 |
19.08 |
.60 |
|
Soft
floor layer |
21.00 |
9.20 |
.60 |
|
Soft
floor layer: Los Alamos county |
31.20 |
11.62 |
.60 |
|
Sprinkler
fitter |
35.75 |
24.56 |
.60 |
|
Tile
setter |
24.46 |
8.81 |
.60 |
|
Tile
setter helper/finisher |
16.53 |
8.81 |
.60 |
|
Laborers |
|||
|
Group I –
Unskilled |
20.44 |
7.96 |
.60 |
|
Group II –
Semi-Skilled |
20.44 |
7.96 |
.60 |
|
Group III –
Skilled |
21.44 |
7.96 |
.60 |
|
Group IV –
Specialty |
23.69 |
7.96 |
.60 |
|
Operators |
|
|
|
|
Group I |
24.49 |
8.22 |
.60 |
|
Group II |
26.75 |
8.22 |
.60 |
|
Group III |
27.24 |
8.22 |
.60 |
|
Group IV |
27.70 |
8.22 |
.60 |
|
Group V |
27.90 |
8.22 |
.60 |
|
Group VI |
28.12 |
8.22 |
.60 |
|
Group VII |
28.23 |
8.22 |
.60 |
|
Group VIII |
31.43 |
8.22 |
.60 |
|
Group IX |
33.94 |
8.22 |
.60 |
|
Group X |
37.51 |
8.22 |
.60 |
|
Truck drivers |
|||
|
Group I – VII |
16.65 |
8.27 |
.60 |
|
Group VIII |
16.71 |
8.27 |
.60 |
|
Group IX |
18.65 |
8.27 |
.60 |
|
C. TYPE C: RESIDENTIAL |
|||
|
Trade classification |
Base
rate |
Fringe
rate |
Apprenticeship |
|
Asbestos
workers/heat & frost insulators |
35.86 |
12.46 |
.60 |
|
Asbestos
workers/heat & frost insulators: Los Alamos county |
38.29 |
12.46 |
.60 |
|
Boilermaker/blacksmith |
35.88 |
32.28 |
.60 |
|
Boilermaker/blacksmith: San Juan county |
36.83 |
31.88 |
.60 |
|
Bricklayer/block
layer/stonemason |
27.03 |
10.99 |
.60 |
|
Bricklayer/block layer/stonemason: Curry,
DeBaca, Quay, and Roosevelt counties |
23.10 |
8.98 |
.60 |
|
Bricklayer/block layer/stonemason: Dona Ana, Otero, Eddy and Lea counties |
26.42 |
8.98 |
.60 |
|
Carpenter/lather |
29.11 |
12.79 |
.60 |
|
Carpenter: Los Alamos county |
33.18 |
13.58 |
.60 |
|
Cement
mason |
21.27 |
11.09 |
.60 |
|
Electricians – outside classifications: Zone 1 |
|||
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians – outside classifications: Zone 2 |
|||
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians
– outside classifications: Los Alamos
county |
|||
|
Ground man |
27.07 |
12.81 |
.60 |
|
Equipment operator |
38.85 |
17.17 |
.60 |
|
Lineman/technician |
48.95 |
20.24 |
.60 |
|
Cable splicer |
53.75 |
21.44 |
.60 |
|
Electricians – inside classifications: Zone 1 |
|
|
|
|
Wireman/low
voltage technician |
38.30 |
12.60 |
.60 |
|
Cable splicer |
42.13 |
12.71 |
.60 |
|
Electricians – inside classifications: Zone 2 |
|
|
|
|
Wireman/low
voltage technician |
41.75 |
12.70 |
.60 |
|
Cable splicer |
45.58 |
12.82 |
.60 |
|
Electricians – inside classifications: Zone 3 |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
12.77 |
.60 |
|
Cable splicer |
47.88 |
12.89 |
.60 |
|
Electricians – inside classifications: Zone 4 |
|
|
|
|
Wireman/low voltage
technician |
48.26 |
12.90 |
.60 |
|
Cable splicer |
52.09 |
13.01 |
.60 |
|
Electricians – inside classifications: Dona Ana county, Hidalgo county, Luna
county and Otero county |
|
|
|
|
Wireman/low
voltage technician |
32.72 |
9.65 |
.60 |
|
Cable splicer |
32.72 |
9.65 |
.60 |
|
Electricians – inside classifications: Los Alamos county |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
14.97 |
.60 |
|
Cable splicer |
47.88 |
15.28 |
.60 |
|
Elevator
constructor |
49.77 |
39.19 |
.60 |
|
Elevator
constructor helper |
34.84 |
39.19 |
.60 |
|
Glazier/Fabricator
|
21.75 |
7.10 |
|
|
Ironworker |
|||
|
Ironworker journeyman |
28.49 |
18.71 |
.60 |
|
Probationary ironworker |
22.79 |
18.71 |
.60 |
|
Painter
– Residential |
19.00 |
5.75 |
.60 |
|
Drywall
Finisher/Taper – Light commercial & residential |
|
|
|
|
Ames tool operator
|
24.03 |
8.86 |
.60 |
|
Hand
finisher/machine texture |
23.03 |
8.86 |
.60 |
|
Paper
hanger |
19.00 |
5.75 |
.60 |
|
Plasterer |
21.49 |
8.92 |
.60 |
|
Plumber/pipefitter |
28.04 |
7.60 |
.60 |
|
Roofer |
|||
|
Roofer Journeyman |
26.94 |
9.36 |
.60 |
|
Roofer Helper |
16.16 |
9.36 |
.60 |
|
Sheet
metal worker |
|||
|
Zone 1 |
37.50 |
19.08 |
.60 |
|
Zone 2 – Industrial |
38.50 |
19.08 |
.60 |
|
Zone 3 – Los Alamos county |
39.50 |
19.08 |
.60 |
|
Soft
floor layer |
21.00 |
9.20 |
.60 |
|
Sprinkler
fitter |
35.75 |
24.56 |
.60 |
|
Tile
setter |
24.46 |
8.81 |
.60 |
|
Tile
setter help/finisher |
16.53 |
8.81 |
.60 |
|
Laborers |
|||
|
Group I –
Unskilled |
13.44 |
8.16 |
.60 |
|
Group II –
Semi-skilled |
13.44 |
8.16 |
.60 |
|
Group III –
Skilled |
14.44 |
8.16 |
.60 |
|
Group IV –
Specialty |
15.44 |
8.16 |
.60 |
|
Operators |
|||
|
Group I |
19.50 |
8.82 |
.60 |
|
Group V |
21.33 |
8.82 |
.60 |
|
Group VII |
25.75 |
8.82 |
.60 |
|
Group VIII |
27.95 |
8.82 |
.60 |
|
Truck drivers |
|||
|
Group I – IX |
20.75 |
6.27 |
.60 |
|
D. TYPE H: HEAVY ENGINEERING |
|||
|
Trade Classification |
Base Rate |
Fringe Rate |
Apprenticeship |
|
Asbestos
workers/heat & frost insulators |
35.86 |
12.46 |
.60 |
|
Asbestos
workers/heat & frost insulators:
Los Alamos county |
38.29 |
12.46 |
.60 |
|
Boilermaker/blacksmith |
35.88 |
32.28 |
.60 |
|
Boilermaker/blacksmith: San Juan county |
36.83 |
31.88 |
.60 |
|
Bricklayer/block
layer/stonemason |
27.03 |
10.99 |
.60 |
|
Bricklayer/block layer/stonemason: Curry, DeBaca, Quay and Roosevelt counties |
23.10 |
8.98 |
.60 |
|
Bricklayer/block layer/stonemason: Dona Ana, Otero, Eddy, and Lea counties |
26.42 |
8.98 |
.60 |
|
Carpenter/lather |
29.11 |
12.79 |
.60 |
|
Carpenter: Los Alamos county |
33.18 |
13.58 |
.60 |
|
Millwright/pile
driver |
39.00 |
29.40 |
.60 |
|
Cement
mason |
24.31 |
11.16 |
.60 |
|
Electricians - outside classifications: Zone 1 |
|
|
|
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians - outside classifications: Zone 2 |
|||
|
Ground man |
26.32 |
12.79 |
.60 |
|
Equipment operator |
37.76 |
17.13 |
.60 |
|
Lineman/technician |
47.70 |
19.92 |
.60 |
|
Cable splicer |
48.87 |
20.22 |
.60 |
|
Electricians
– outside classifications: Los Alamos
county |
|||
|
Ground man |
27.07 |
12.81 |
.60 |
|
Equipment operator |
38.85 |
17.17 |
.60 |
|
Lineman/technician |
48.95 |
20.24 |
.60 |
|
Cable splicer |
53.75 |
21.44 |
.60 |
|
Electricians – inside classifications: Zone 1 |
|
|
|
|
Wireman/low
voltage technician |
38.30 |
12.60 |
.60 |
|
Cable splicer |
42.13 |
12.71 |
.60 |
|
Electricians - inside classifications: Zone 2 |
|
|
|
|
Wireman/low
voltage technician |
41.75 |
12.70 |
.60 |
|
Cable splicer |
45.58 |
12.82 |
.60 |
|
Electricians - inside classifications: Zone 3 |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
12.77 |
.60 |
|
Cable splicer |
47.88 |
12.89 |
.60 |
|
Electricians - inside classifications: Zone 4 |
|
|
|
|
Wireman/low voltage
technician |
48.26 |
12.90 |
.60 |
|
Cable splicer |
52.09 |
13.01 |
.60 |
|
Electricians – inside classifications: Dona Ana county,
Hidalgo county, Luna county and Otero county |
|
|
|
|
Wireman/low
voltage technician |
32.72 |
9.65 |
.60 |
|
Cable splicer |
32.72 |
9.65 |
.60 |
|
Electricians – inside classifications: Los Alamos county |
|
|
|
|
Wireman/low
voltage technician |
44.05 |
14.97 |
.60 |
|
Cable splicer |
47.88 |
15.28 |
.60 |
|
Glazier/Fabricator |
21.75 |
7.10 |
|
|
Ironworker |
|
|
|
|
Ironworker
journeyman |
28.49 |
18.71 |
.60 |
|
Probationary
ironworker |
22.79 |
18.71 |
.60 |
|
Painter
– Industrial |
24.00 |
6.70 |
.60 |
|
Paperhanger |
24.00 |
6.70 |
.60 |
|
Drywall
Finisher/Taper – Industrial |
|
|
|
|
Ames tool operator
|
28.25 |
8.86 |
.60 |
|
Hand finisher/machine
texture |
27.25 |
8.86 |
.60 |
|
Plumber/pipefitter |
40.74 |
15.90 |
.60 |
|
Roofer |
|
|
|
|
Roofer journeyman |
26.94 |
9.36 |
.60 |
|
Roofer helper |
16.16 |
9.36 |
.60 |
|
Sheet
metal worker |
37.50 |
19.08 |
.60 |
|
Operators |
|
|
|
|
Group I |
24.51 |
6.79 |
.60 |
|
Group II |
24.73 |
6.79 |
.60 |
|
Group III |
24.96 |
6.79 |
.60 |
|
Group IV |
25.49 |
6.79 |
.60 |
|
Group V |
25.60 |
6.79 |
.60 |
|
Group VI |
25.84 |
6.79 |
.60 |
|
Group VII |
25.86 |
6.79 |
.60 |
|
Group VIII |
28.56 |
6.79 |
.60 |
|
Group IX |
34.51 |
6.79 |
.60 |
|
Group X |
38.37 |
6.79 |
.60 |
|
Laborers |
|||
|
Group I –
Unskilled |
18.95 |
7.30 |
.60 |
|
Group II –
Semi-Skilled |
18.89 |
7.30 |
.60 |
|
Group III –
Skilled |
21.21 |
7.30 |
.60 |
|
Group IV-
Specialty |
21.61 |
7.30 |
.60 |
|
Laborers – Underground |
|||
|
Group I |
21.06 |
7.12 |
.60 |
|
Group II |
20.86 |
7.12 |
.60 |
|
Group III |
21.58 |
7.12 |
.60 |
|
Soft
Floor Layer |
21.00 |
9.20 |
.60 |
|
Truck drivers |
|
|
|
|
Group I |
19.75 |
9.15 |
.60 |
|
Group II |
19.75 |
9.15 |
.60 |
|
Group III |
19.75 |
9.15 |
.60 |
|
Group IV |
19.75 |
9.15 |
.60 |
|
Group V |
19.75 |
9.15 |
.60 |
|
Group VI |
19.75 |
9.15 |
.60 |
|
Group VII |
19.75 |
9.15 |
.60 |
|
Group VIII |
19.75 |
9.15 |
.60 |
|
Group IX |
25.75 |
9.15 |
.60 |
[11.1.2.20 NMAC - N, 02-29-2016; Rp, 1/1/2017; A, 1/1/2018, A, 1/1/2019; A,
1/1/2020; A, 1/1/2021; A, 1/1/2022; A, 1/1/2023; A, 1/1/2024]
11.1.2.21 Subsistence, zone, and incentive pay
rates. All contractors are required to
pay subsistence, zone, and incentive pay according to the particular
trade.
A. Asbestos workers
or heat and frost insulators
(1) Zone
1 shall consist of the area lying within the city limits of a circle whose
radius is 66 miles from the city hall in Albuquerque or the city hall in El
Paso - $0.00 per day.
(2) Zone
2 shall consist of Los Alamos county - $40.00 per day if not furnished a
company owned vehicle.
(3) Zone
3 shall consist of the area lying beyond a circle whose radius is over 66 miles
from the city hall in Albuquerque or the city hall in El Paso - $85.00 per day.
B. Boilermakers/blacksmiths
(1) Per
diem is calculated from city hall of the dispatch city or the employee’s
home address, whichever is closer to the job location.
(2) Per
diem is $55.00 per day for travel between 70 and 120 miles and $85.00 per day
for travel over 120 miles.
C. Bricklayers
(1) For Albuquerque area contractors,
the starting point shall be at the intersection of I-40 and I-25 and shall
continue to the job site. All other
areas, the starting point shall be the employer’s main office address.
(2) Between
50 and 75 miles from the starting point, $35.00 per day.
(3) 76 or more miles from the
starting point, $55.00 per day.
(4) All covered refractory work over
75 miles from the intersection of I-40 and I-25, $80.00 per day.
D. Cement Masons
(1) For
employees who travel to Santa Fe from Albuquerque or vice versa, $20.00
per day.
(2)
In all other work
performed more than 50 miles from the employer’s main office, $50.00 per day.
(3) Mutually
agreed-upon lodging or transportation paid for by the employer will substitute
for subsistence pay.
E. Drywall
Finishers and Tapers:
(1) $40.00
per day ($5.00 per hour for eight hours work) for over 60 miles over the most
typically traveled route, or other mutually agreed upon suitable lodging or
transportation.
(2) If
an employee has worked the full week on four 10-hour days, the employee shall
be paid the full week of per diem of $200.00.
(3) Special
provision for Santa Fe and Albuquerque:
Employees who travel between Santa Fe and Albuquerque will be paid
$15.00 per day or other mutually agreed upon lodging or transportation.
F. Electricians
(inside classifications)
(1) For
Albuquerque only:
(a) Zone
1 is classified as being within 40 miles from the main post office.
(b) Zone
2 shall extend up to 10 miles beyond zone 1.
Work performed within zone 2 shall be compensated nine percent above the
journeyman rate for zone 1.
(c) Zone
3 shall extend up to 20 miles beyond zone 1.
Work performed within zone 3 shall be compensated fifteen percent above
the journeyman rate for zone 1.
(d) Zone
4 shall extend 20 miles or more beyond zone 1.
Work performed within zone 4 shall be compensated twenty six percent
above the journeyman rate for zone 1.
(2) For
Los Alamos county only: work performed
within the county shall be compensated fifteen percent above the zone 1
journeyman rate.
(3) For
all other counties:
(a) Zone
1 is:
(i) within six miles from the main post
office for Raton, Tucumcari, and Farmington.
(ii) within
eight miles from the main post office for Las Vegas.
(iii) within
ten miles from the main post office for Santa Fe and Gallup.
(iv) within
twelve miles from the main post office for Belen, Carrizozo, Clovis, Los Lunas,
Portales, Roswell, Ruidoso, Artesia, Carlsbad, Hobbs, and Lovington.
(v) within
fourteen miles from the main post office for Espanola.
(b) Zone
2 shall extend up to 20 miles beyond zone 1.
Work performed within zone 2 shall be compensated nine percent above the
journeyman rate for zone 1.
(c) Zone
3 shall extend up to 30 miles from zone 1.
Work performed within zone 3 shall be compensated fifteen percent above
the journeyman rate for zone 1.
(d) Zone
4 shall extend beyond 30 miles from zone 1.
Work performed within zone 4 shall be compensated twenty six percent
above the journeyman rate for zone 1.
(4) Commuting time to and from a job site at the beginning and end of each workday is not compensable. However, if workers are required to report to the shop at the start of the day or return to the shop at the end of the day, then that time spent traveling is compensable. Similarly, time spent traveling from job to job is compensable. In both cases, workers shall be paid for the time spent traveling and shall be furnished transportation by the employer. Under these conditions the Zone 1 rate and any applicable overtime will be paid.
G. Electricians
(outside classification – Zone 2):
$50.00 per diem to be paid for work 30 miles
outside of Santa Fe and 60 miles outside of Albuquerque. No per diam in Los Alamos county.
H. Glaziers
(1) When
out-of-town travel is required, the employer shall provide suitable lodging
with no more than two people per room and $20.00 per night for food.
(2) Employees
required to use a personal vehicle for travel to a jobsite beyond a 30 mile
radius of the main post office in town where the employer’s shop is located
shall be compensated at the current Internal Revenue Service (IRS) rate for
actual mileage incurred beyond the 30 mile radius, plus their regular rate of
pay for travel time.
I. Ironworkers:
(1) Travel
more than 50 miles from the interchange of Interstate 25 and Interstate 40 or
from the employee’s home should be paid at $9.00 per hour.
(2) If
travel is within Santa Fe county, travel should be paid at $3.00 per hour.
J. Laborers:
(1) Type
A:
(a) Work
travel between 50 and 85 miles from the employer’s primary address should be
compensated at $3.50 per hour.
(b) Work
travel 86 miles or greater from the employer’s primary address should be
compensated at $5.00 per hour.
(2) Types
B and C:
(a) Work travel over 70 miles from the
union halls of Albuquerque, Espanola, Farmington or
Las Cruces shall be paid at $7.00 per hour in travel pay, not to exceed 10
hours per day.
(b) If an overnight stay is
necessary, the employer shall pay $40.00 per day for meals, in addition to
travel pay.
(3) Type
H – no zone subsistence pay
(4) If
an employer provides the employee transportation and mutually agreeable,
suitable lodging in areas where overnight stays are necessary, subsistence
rates do not apply.
K. Millwrights
(1) All zone
pay shall be calculated from the address of the city hall of the respective
dispatch point.
(2) Zone
1: Work traveled up to 45 miles from the
address of the city hall of the respective dispatch points is a free zone.
(3) Zone 2: Work traveled between 45 miles and 100 miles
shall be compensated at $4.00 per hour above base wage.
(4) Zone 3: Work traveled 101 miles or more shall be
compensated at $6.00 per hour above base wage.
(5) If employer
fails to provide suitable lodging, employer shall pay $110.00 per diem.
(6) If an employee’s principal place
of residence is within 45 road miles from the project, no subsistence or travel
time shall be paid.
L. Operating
Engineers
(1) Type
A operators should be compensated for zone and subsistence as follows:
(a) Work
travel between 50 and 85 miles from the interchange of Interstate 25 and
Interstate 40 in Albuquerque, or from the Farmington City Hall in Farmington,
should be compensated at $2.50 per hour.
(b) Work
travel 86 miles or more from the interchange of Interstate 25 and Interstate 40
in Albuquerque or from the Farmington City Hall in Farmington, should be
compensated at $4.00 per hour.
(2) Type
B and C operators:
(a) Base
points for operators are 30 miles and beyond:
(i) Bernalillo county courthouse in
Albuquerque;
(ii) state
capital building in Santa Fe;
(iii) city
hall in Farmington.
(b) Zone
and subsistence for Albuquerque, Santa Fe and Farmington are as follows:
(i) work travel between 30 and 50 miles
from the base point compensated at $20.00 per day;
(ii) work
travel between 51 and 100 miles from the base point compensated at $50.00 per
day;
(iii) work
travel over 100 miles from the base point that involves an overnight stay
compensated at $100.00 per day.
(c) Zone
and subsistence for Los Alamos county, $100.00 per day.
This takes precedence of the 50-mile radius for Santa Fe zone and
subsistence.
(d) If
an employer provides the employee transportation and
mutually agreeable, suitable lodging in areas where overnight stays are
necessary, subsistence rates do not apply.
(3) Type
H operators are not eligible for zone and subsistence pay.
M. Painters
(1) When
out-of-town travel is required, the employer shall provide suitable lodging
with no more than two people per room and $30.00 per day for expenses.
(2) When
out-of-town travel is required and employer and employer does not provide
lodging, employer shall pay $100 per day for expenses, plus their regular rate
of pay.
(3) Employees required to use a
personal vehicle for travel to a jobsite beyond a 60-mile radius from their
residence or the employer’s shop, whichever is closest to the job, shall be
compensated at the current IRS rate for actual mileage incurred beyond the
60-mile radius, plus their regular rate of pay for travel time.
(4) Employer shall furnish
transportation or gasoline for all work performed beyond the 30-mile radius
that encompasses the free cities of Albuquerque, Santa Fe, and Belen.
N. Paper hangers
(1) Zone
1: Base pay for an area within a 30 mile
radius from the main post office in the city or town where the employee
permanently resides. Albuquerque, Santa
Fe, and Belen shall be considered Zone 1.
(2) Zone
2: Work travel between 30 and 75 miles
from the main post office in the town where an employee permanently resides
shall be compensated at $1.00 per hour above base pay.
(3) Zone
3: Work travel 75 miles or more from the
main post office in the town where an employee permanently resides shall be
compensated at $2.50 per hour above base pay.
(4) When
the employee is required to stay overnight, the employer should provide and pay
for suitable lodging.
(5) Employer
will furnish transportation or gasoline for all work performed beyond the 30
mile radius that encompasses the free cities of Albuquerque, Santa Fe, or
Belen.
O. Plasterers
(1) Employees
who travel from Albuquerque to Santa Fe should be compensated at $20.00 per
day.
(2) Except
for employees who travel from Santa Fe to Albuquerque, work travel 75 miles or
more from the employer’s office over the most typically traveled route should be
compensated at $5.00 per hour and capped at $40.00 per day.
P. Plumbers and
pipefitters
(1) Work
travel for 90 or more miles from an employee’s primary residence, and involving
an overnight stay, should be compensated at $80.00 per day.
(2) No
zone or subsistence pay is required should the employer elect to cover the room
cost.
Q. Roofers - work travel requiring an overnight stay
should be compensated at $35.00 per
day for food. Employer should provide
and pay for a suitable hotel. When
employees are assigned to jobs located 60 or more miles from the employer’s
place of business, transportation to and from the job site must be
provided.
R. Sheet metal
workers
(1) Work
travel 90 miles or more from the contractor’s home base and employee’s home,
should be paid at $120.00 per day subsistence pay plus base and fringe,
regardless of county.
(2) Los
Alamos county: $2.00 per hour incentive
pay plus base and fringe.
(3) Workers
living 60 or more miles from a San Juan county job site shall receive $3.00 per
hour subsistence pay plus base and fringe.
S. Soft floor
layer
(1) Zone
1: Base pay for an area within a 30 mile
radius from the main post office in the city or town where the employee
permanently resides. Albuquerque, Santa
Fe, and Belen shall be considered Zone 1.
(2) Zone
2: Work travel between 30 and 75 miles
from the main post office in the town where an employee permanently resides
shall be compensated at $1.00 per hour above base pay.
(3) Zone
3: Work travel 75 miles or more from the
main post office in the town where an employee permanently resides shall be
compensated at $3.13 per hour above base pay.
(4) Employer
will furnish transportation or gasoline for all work performed beyond the 30
mile radius that encompasses the free cities of Albuquerque, Santa Fe, or
Belen.
(5) When
the employee is directed to report to a job site and the distance to the job
site requires the employee to stay out of town overnight, the employer shall
provide housing arrangements.
T. Sprinkler
fitters
(1) Work
travel between 60 and 80 miles from the employee’s primary residence should be
compensated at $23.00 per day.
(2) Work
travel between 81 and 100 miles from the employee’s primary residence should be
compensated at $33.00 per day.
(3) Work
travel of 101 miles or more from the employee’s primary residence should be
compensated at $125.00 per day.
(4) No
zone or subsistence pay shall be paid when the employer provides daily
transportation and the employee elects to travel back and forth from home.
[11.1.2.21 NMAC - N, 1/1/2019; A, 1/1/2020; A, 1/1/2021; A, 1/1/2022; A,
1/1/2023; A, 1/1/2024]
HISTORY OF 11.1.2 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center:
SLC 69-1, Interim Job Classifications, filed 7/23/69.
SLC 69-2, Job Classifications and Descriptions for
Public Works in New Mexico, filed 8/4/69.
SLC 69-4, Permanent Job Classifications and Descriptions
for Public Works in New Mexico, filed 9/10/69.
LID 88-2, Permanent Job Classifications and Descriptions
for Public Works in New Mexico, filed 11/4/88.
SLC 72-1, Rules and Regulations for Implementing the New
Mexico Public Works Minimum Wage Act, filed 5/31/72.
SLC 76-1, Rules and Regulations to Implement the New
Mexico Minimum Wage Act, filed 1/14/76.
SLC 79-2, Rules and Regulations under the New Mexico
Public Works Minimum Works Act, filed 6/4/79.
LID 88-1, Rules and Regulations under the New Mexico
Public Works Minimum Wage Act, filed 11/4/88.
LID 89-1, Rules and Regulations under the New Mexico
Public Works Minimum Wage Act, filed 9/25/89.
History of
Repealed Material:
11.1.2 NMAC, Public
Works Minimum Wage Act Policy Manual, filed 8/15/98, repealed effective 12/30/2016.