Labor Department Rules in Favor of Prevailing Wages for TAB Techs
The ruling mandates prevailing wage coverage for all TAB work on DBRA sites prior to project completion
Image courtesy of SMART
In a major victory for HVAC technicians and the Sheet Metal Workers' International Association (SMART), the U.S. Department of Labor has issued a memo mandating prevailing wages for technicians conducting testing, adjusting and balancing (TAB) work on Davis-Bacon Act projects. The July 10 ruling reverses decades of interpretations that had excluded TAB technicians from prevailing wage coverage.
The memo, issued to all agencies, states that TAB workers are entitled to prevailing wages because their duties are primarily "manual or physical" in nature, aligning with the definition of "laborers or mechanics" under the Davis-Bacon and Related Acts (DBRA). The Labor Department noted that TAB work has traditionally been performed by workers in the sheet metal trade.
"This is a huge win for our members and for all construction workers," said SMART General President Michael Coleman. "For too long, TAB technicians have been denied the prevailing wages they deserve, despite performing crucial work on Davis-Bacon projects. This memo shows that the Biden administration is committed to ensuring construction workers receive fair pay for their essential labor."
The ruling mandates prevailing wage coverage for all TAB work on DBRA sites prior to project completion, including work performed during construction or renovation. It also applies to TAB work that is directly related to contemplated construction, even if the testing is conducted under a separate contract.
Additionally, the memo covers TAB work on operations and maintenance contracts when the task order is closely tied to construction, alteration or repair work. This impacts contracts at large federal facilities, such as military bases and Department of Energy sites.
The Labor Department clarified that TAB work is not covered under the DBRA when performed under contracts for routine, scheduled maintenance or servicing of HVAC systems, when future construction is uncertain, or when a contract is solely for inspecting HVAC installation or rehabilitation work.
The ruling is a significant shift in prevailing wage policy, ensuring that all construction workers, including TAB technicians, receive equitable pay for their work on Davis-Bacon projects.
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