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New & Revised WAP Survey with Changed Instructions!!
Summary: There’s a new and more detailed WAP Wages survey. It has been sent to states by NASCSP with the message pasted below our description. It indicates only some local agencies may need to fill it out and indicating the risks, if any, to the agencies that determine a prevailing wage by a routine process. The deadline is Mon. noon, June 29. Please read the detailed messages from NCAF and from NASCSP to the state managers.
After last week’s start-and-then-stop Dept of Labor test Weatherization Wage survey, a new DOL-approved test survey that has just been distributed to the states for sharing with WAP subgrantees. The letter to the states from NASCSP below explains the survey and which agencies should fill it out. The survey requires a great deal of work from the agency AND from contractors. Therefore, NCAF and NASCSP asked DOL to identify the criteria for which agencies MUST fill this out in order to be sure they have a reasonable ‘prevailing wage’. To summarize the longer description: we are trying to spare local agencies this burdensome job if the prevailing wage in their area ‘fits’ WAP both in general description and cost. For instance, if you are in one of the few areas that defines a residential laborer job or a residential insulator job as ‘install batt and blown insulation, air sealing’ you are all set. Don’t fill this out.
ALL others must asses their risk of being challenged by an employee or a building trade union because the chosen category does not describe the skill level needed and then losing the challenge so that retroactive pay is due. An alternative to having the new wage class of residential efficiency worker established for your area following review of your new survey is to use the conventional "conformance filing" process which prompts fairly quick DOL response about exiting or modified job classes. This filing occurs when contracts or sub-contracts have been signed. NAF expects details on the use of this process to be shared by CAPLAW and DOE once CAPLAW has had a chance to work with DOL on the way ‘conformance’ procedure applies to WAP’s structure. I.e. not this week.
You can download the survey copies, sample and instructions at: Http://www.opportunitystudies.org/arra/ or obtain them from your state office. The survey must be returned to the email address wapwages@lmbps.com by noon on Monday the 29th (copy to ncaf.wagesurvey@gmail.com, please).
NASCSP MEMO to State Weatherization Managers:
Please find attached the finalized wage survey spreadsheet approved by the Department of Labor that may be used for the purpose of establishing a new job classification for Weatherization local crews and contract workers. As we receive more information about Davis-Bacon implementation, the possibility has been presented that it may not be necessary for all agencies to complete this survey. Please read carefully the distinctions presented below to decide whether it is essential for some of your agencies to undertake the task.
1. There are at least 30 areas in 13 states that have prevailing wages in existing classifications that may be applied to weatherization workers but do not describe the job’s functions exactly and would present problems with WAP operations. For example, many WAP operators have stated that ‘laborers’ could potentially earn more than agency management or supervisory positions, and the SIR’s of typical measures would be radically altered because of much higher labor costs. If those areas want to be considered for new classifications for WAP workers and crew chiefs, they have to complete and submit this survey, with feedback from all contractors, by close of business next Monday, June 29, 2009. Please look carefully at the list and add your state’s areas if they are missing. Please email Rebecca Stewart and Meg Power to let us know you have such areas. rstewart@nascsp.org, megpower@ncaf.org
2. If an agency has examined the job description and wages for residential work in their area on the DOL website and found a close fit to the WAP crew and crew chief work and the existing pay scales, and they are not concerned about any potential challenge from employees or trade unions, then they may not have to complete the survey. We expect to have final word on this option within a few days. If indeed you would opt to implement existing prevailing wages for related job classifications into the local WAP program, we recommend that you wait until then. There will be further guidance on the process for gaining approval, which will include documentation of the contracts and sub contracts with appropriate wording for Davis Bacon requirements, and submission of a ‘conformance’ form 1444 to DOL for approval. I am led to believe that this is a much simpler and quicker process than approval of new job classifications. There will be additional guidance, including information from CAPLAW, regarding this potential option. We are not sure when it will be available.
3. If agencies in your state are not in one of the high wage listed areas, but nevertheless think that the existing related prevailing wages still would place burden on their operations, they can complete and submit the survey to DOL for consideration of establishing new job classifications for WAP.
4. Agencies may also want to complete the survey if they are in an area where workers or skilled trade unions, like the carpenters, are prepared to challenge an agency that selects the residential laborer or other wage that is lower cost than a carpenter, dry Waller, etc. Another option may be to consider the highest wage of any of the related existing classifications.
The attachments to this email include a wage survey with a sample completed spreadsheet on a separate tab, instructions for completing the survey, and a listing of the already-identified high wage areas where the agencies definitely need to complete and submit the survey.
Please immediately forward these spreadsheets and the instructions to your local agencies stressing the priority and critical importance to those high wage areas that definitely should complete the survey. NCAF will also send a notice about the criteria for taking the survey, its availability, and will post it for download… The correct email address to submit the spreadsheet is wapwages@lmbps.com
(Please cc Rebecca Stewart rstewart@nascsp.org and ncaf.wagesurvey@gmail.com)
Please let Rebecca Stewart at NASCSP know which, if any, of your agencies are expected to complete the survey. We will inform Lockheed Martin, DOE’s contractor, and they will presumably follow up with the agencies on their progress. Please advise your agencies of this so they will be aware that such calls are valid. DOL will also be mailing the target agencies to verify the survey in a week or two.
Thank you for your cooperation on this matter. We understand that the issues and correspondence regarding prevailing wage/Davis Bacon Act have been very stressful to program operators on all levels. Your continued hard work and commitment is very much appreciated.
I envision a day in the hopefully near future where the major issue WAP deals with is what we do best - the quality weatherization of low-income homes!
Bob Scott
Director of Weatherization Services
National Association for State Community Services Programs (NASCSP)
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