Res. No. 1027
Resolution calling upon Governor Pataki to sign A.6579/S.5410, legislation which would amend the State labor law to compensate at the prevailing wage those performing certain off-site fabrication work in connection with a public works project.
By Council Members Gentile and James
Whereas, New York State’s prevailing wage law was established to provide fair and equitable working conditions, wages and supplementary benefits for persons employed on public works construction projects; and
Whereas, Due to changes in technology and manufacturing processes, there are instances in which materials are fabricated off-site in order to meet unique specifications of a public works project; and
Whereas, Such materials can include woodwork, cases, cabinets and counters, as well as heating, cooling, ventilation and exhaust systems, and mechanical insulation; and
Whereas, Despite being prepared off-site, these materials are an integral part of the public works project for which they are being prepared; and
Whereas, Work produced specifically and only for a public entity’s construction project should be subject to the prevailing wage law, regardless where the work is being done; and
Whereas, Many of those working on these off-site projects are not paid prevailing wages due to ambiguities in the current law; and
Whereas, State legislation A.6579/S.5410 would amend Section 220 of the State labor law to ensure that those fabricating materials off the public work site for the specific use only in a public works project would be compensated at the prevailing wage rate, thereby extending the prevailing wage protections of the labor law in a fair and just manner; and
Whereas, A.6579/S.5410 was passed by the New York State Senate on June 6, 2005 and by the New York State Assembly on June 7, 2005; now, therefore, be it
Resolved, That the Council of the City of New York calls upon Governor Pataki to sign A.6579/S.5410, legislation which would amend the State labor law to compensate at the prevailing wage those performing certain off-site fabrication work in connection with a public works project.
LS # 3077
JP 6/8/05