5548

COUNTY LOCAL LAWS

DISCRETION.

(E)     IN DETERMINING SUCH RATES, THE BOARD SHALL
ASCERTAIN AND CONSIDER THE APPLICABLE WAGE RATES
ESTABLISHED BY COLLECTIVE BARGAINING AGREEMENTS AND SUCH
RATES AS MAY HAVE BEEN PREDETERMINED FOR FEDERAL AND
MARYLAND STATE PUBLIC WORKS, WITHIN THE LOCALITY AND IN
THE NEAREST LABOR MARKET AREA. WHERE SUCH RATES DO NOT
CONSTITUTE THE RATES ACTUALLY PREVAILING IN THE LOCALITY,
THE BOARD SHALL OBTAIN AND CONSIDER FURTHER DATA FROM THE
LABOR ORGANIZATIONS AND EMPLOYERS OR EMPLOYER
ASSOCIATIONS CONCERNED, INCLUDING THE RECOGNIZED
COLLECTIVE BARGAINING REPRESENTATIVES FOR THE PARTICULAR
CRAFT, CLASSIFICATION OR TYPE OF WORK SHALL BE NOT LESS
THAN THE PREVAILING RATE PAID IN SUCH CRAFT,
CLASSIFICATION OR TYPE OF WORK.

(F)     NOTWITHSTANDING ANY OF THE AFOREGOING
PROVISIONS OF THIS SUBSECTION, THE SCHEDULES OF
PREVAILING HOURLY RATES OF WAGES TO BE PAID TO WORKMEN
AND APPRENTICES EMPLOYED UNDER PUBLIC WORKS CONTRACTS OF
FIVE-HUNDRED-THOUSAND DOLLARS ($500,000.00) OR MORE SHALL
BE SUCH CURRENT SCHEDULES OF PREVAILING HOURLY RATES OF
WAGES FOR THIS LOCALITY AS ARE ESTABLISHED BY THE
COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY OF
THE STATE OF MARYLAND, PURSUANT TO ARTICLE 100, SECTION
98 OF THE ANNOTATED CODE OF MARYLAND.

7-4 RECONSIDERATION OF WAGE RATE DETERMINATION

(A) ANY EMPLOYER OR GROUP OF EMPLOYERS ENGAGED IN
PUBLIC WORKS CONSTRUCTION, ANY LABOR ORGANIZATION WHICH
IS THE REPRESENTATIVE OF ANY CLASSIFICATION OF WORKMEN,
OR ANY AGENCY OF THE PUBLIC BODY WHICH AUTHORIZES PUBLIC
WORK WITHIN TEN (10) DAYS AFTER NOTICE OF THE
DETERMINATION OF ANY PREVAILING WAGE RATE OR RATES
PURSUANT TO SUBSECTION 7-3 (A) HEREOF, MAY FILE WITH THE
BOARD A VERIFIED PETITION, WHICH SETS FORTH THE FACTS
UPON WHICH IT IS BASED, TO RECONSIDER THE DETERMINATION
OF SUCH PREVAILING WAGE RATE OR RATES. THE BOARD, UPON
NOTICE TO THE PETITIONER, THOSE AGENCIES OF THE PUBLIC
BODY WHICH AUTHORIZE PUBLIC WORK, AND THE RECOGNIZED
COLLECTIVE BARGAINING REPRESENTATIVES FOR THE PARTICULAR
CLASSIFICATIONS INVOLVED, AND ALSO TO ALL PERSONS
ENTITLED TO RECEIVE NOTICE PURSUANT TO SUBSECTION 7-3 (A)
HEREOF, SHALL INSTITUTE AN INVESTIGATION AND HOLD A
PUBLIC HEARING WITHIN TWENTY (20) DAYS AFTER THE FILING
OF SUCH PETITION. THE BOARD, AT ITS DISCRETION, MAY HEAR
EACH PETITION SEPARATELY OR CONSOLIDATE FOR HEARING ANY
TWO OR MORE PETITIONS. AT THE HEARING, THE BOARD SHALL
INTRODUCE IN EVIDENCE THE INVESTIGATION IT INSTITUTED AND
THE OTHER FACTS WHICH WERE CONSIDERED AT THE TIME OF THE
ORIGINAL DETERMINATION WHICH FORMED THE BASIS FOR ITS
DETERMINATION. THE BOARD OR ANY INTERESTED PARTIES