Pennsylvania Act 1961-455 — COMMONWEALTH PRINTING - PREVAILING WAGE, ETC. COMPLIANCE

Act text

COMMONWEALTH PRINTING - PREVAILING WAGE, ETC. COMPLIANCE
                 Act of Aug. 21, 1961, P.L. 1014, No. 455             Cl. 71
                                  AN ACT

     Relative to Commonwealth printing; establishing conditions upon
        which contracts will be awarded; and prescribing remedies and
        penalties for noncompliance with such conditions.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  All contracts for printing for the Commonwealth
     or any department, board, commission or agency thereof, and all
     contracts for printing to be paid for wholly or in part with
     Commonwealth funds, shall contain the following provisions as
     conditions:
        (1)  The person to whom the contract is awarded shall agree
     as a condition thereof to--
        (i)  pay every employe engaged in the performance of said
     contract the prevailing wage rate, and provide working
     conditions prevalent in the locality in which the contract is
     being performed, or execute an affidavit that
        (ii)  a collective bargaining agreement is in effect between
     an employer and employe who is represented by a responsible
     organization which is in no way influenced or controlled by
     management, the provisions of which shall be considered as
     condition prevalent in said locality; and
        (2)  An agreement as a provision of the contract to maintain
     the conditions described in the sworn statement in the
     performance of such contract.
        Section 2.  In any case where a contract for printing shall
     be entered into with any person who shall have failed to file a
     sworn statement as required by this act, or having filed the
     sworn statement and the same shall contain any representation of
     fact which is untrue in any material respect, or who or which
     shall thereafter fail, neglect or refuse to pay his, their or
     its employes the prevailing wage rates or provide or assure his,
     their or its employes the working conditions prevalent in the
     locality in which the work is performed, the agency of the
     Commonwealth of Pennsylvania entering into such contract shall
     cancel the same and shall have the right to enter into other
     contracts for the completion of the original contract, charging
     any additional cost to the original contractor. Any sums of
     money due to the Commonwealth of Pennsylvania by reason of the
     cancellation of contract aforesaid may be withheld from any
     amounts due on any such contracts and may be recovered in suits
     brought in the name of the Commonwealth of Pennsylvania by the
     Attorney General thereof. Furthermore, no contracts for printing
     shall be awarded to any person holding any contract for printing
     which has been subject to cancellation or has been cancelled for
     the reasons set forth herein or to any person in which such
     persons shall have an interest for a period of two years from
     the date upon which it shall have been determined by the
     Secretary of Labor and Industry that the provisions of this act
     have been violated.
        Section 3.  The provisions of this act shall not apply to
     newspaper advertising or to contracts made by school districts,
     counties, cities, boroughs, townships and incorporated towns.
        Section 4.  This act shall take effect immediately.