(1) As used in this section, ‘person’ means an employer, a labor organization or an official representative of an employee or employer association.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2)(a) The Commissioner of the Bureau of Labor and Industries at least once each year shall determine in accordance with paragraph (b) of this subsection the prevailing rate of wage for workers in each trade or occupation in each locality described in ORS § 279C.800 and shall make this information available at least twice each year. The commissioner may amend the rate at any time.

(b) The prevailing rate of wage for a trade or occupation in a locality is the rate of wage set forth in the collective bargaining agreement for the trade or occupation in the locality or, if more than one collective bargaining agreement covers a trade or occupation in the locality, the highest rate of wage among the collective bargaining agreements for the trade or occupation in the locality.

(c) If a collective bargaining agreement does not exist for a trade or occupation in a locality, the commissioner shall determine the prevailing rate of wage by conducting an independent wage survey in the locality. The commissioner may also consider additional information such as other independent wage surveys and the prevailing rates of wage determined by appropriate federal agencies or agencies of adjoining states. If a wage survey under this paragraph does not show that a majority in the same trade or occupation is paid at the same rate, the average rate of hourly wage, including all fringe benefits, paid in the locality to workers in the same trade or occupation is the prevailing rate. If the wage a contractor or subcontractor pays to workers on a public works is based on a period of time other than an hour, the hourly wage must be mathematically determined by the number of hours worked in that period of time.

(3) A person shall make reports and returns to the Bureau of Labor and Industries that the commissioner requires to determine the prevailing rates of wage, using forms the bureau provides and within the time the commissioner prescribes. The person or an authorized representative of the person shall certify to the accuracy of the reports and returns.

(4) Notwithstanding ORS § 192.311 to 192.478, reports and returns or other information provided to the commissioner under this section are confidential and not available for inspection by the public.

(5) The commissioner may enter into a contract with a public or private party to obtain data and information the commissioner needs to determine the prevailing rate of wage. The contract may provide for the manner and extent of the review of affected trades and occupations and for other requirements regarding timelines of reports, accuracy of data and information and supervision and review as the commissioner prescribes. [2003 c.794 § 173; 2005 c.360 § 9; 2007 c.764 § 36; 2007 c.844 § 3; 2011 c.265 § 1; 2021 c.104 § 2]