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It doesn't look like a problem with the system - sm

Posted: Aug 20th, 2018 - 12:04 am In Reply to: Alpha HR - Alpha HR

rather there is an inconsistency between what the contract says and what someone at the DOL said.

"The CO is responsible for providing the relevant wage grade at contract award and option renewal. However, almost none of them actually ask the contractor for the locations where the work is performed. As such they normally simply list the wage grade for the locality of the hospital." The reason they don't ask that is because it is assumed that the WDR will be determined by the location of the hospital. You make it sound like the WDR for the hospital is put into the contract as a default. A contract is a contract. What's in the contract is what is supposed to be adhered to.

"Technically a loophole has been created as the contractor need never even pay someone a wage grade if their locale is not defined in the contract." No, it's not a loophole. Technically, it's a breach of contract on Alpha's part. Maybe the person at the DOL who told you to pay according to MT location does not have the knowledge to qualify them to make that determination because that is actually encouraging you to breach your contract with the VA. The terms of a contract are not "simply listed" to fill in blanks.

"Alpha follows the spirit of the law by adopting new wage grade determinations upon contract renewal." Alpha is not really following the spirit of the law. The spirit of the law is that MT companies are ostensibly bidding on different VA contracts according to what the WDR is for the facility covered in the contract so they can then PAY their MTs that WDR. I believe you said that someone at the DOL told you the pay should be according to where the work is performed and that's why the WDR of the MT's location is used. That doesn't really make sense, though. Lots of people who work in offices often work remotely. Does that mean they get one wage while they're in the office and a different wage while they're on the road? What if they travel to multiple locations and do work? No, the spirit of the law is that the pay should be according to the facility because, if a company did not hire REMOTE MTs, the MTs would be performing the job AT THE FACILITY.

It seems like the DOL (at the federal level) should take a 2nd look at this "rule." By the way, it is apparently not a nation-wide rule, but maybe only a rule according to the DOL in Georgia? Since the SCA is a federal law, there should be uniformity across the board.

As has been said before, there are other companies out there with VA contracts who pay their MTs according to the WDR for the facility. This is unfair to them.

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