5.20.040 Determination of Tribal prevailing wage.
(A) Tribe to Conduct Wage Survey. Not less than biannually the Tribe shall arrange for a wage survey to be conducted in order to determine the prevailing wage.
(1) The Tribe shall obtain wage rates from available sources of each class of profession or trade included in the survey and shall establish the prevailing wage at not less than the average wage paid to each class of profession or trade included in the survey. The survey shall also include the classification for trainee in all trades.
(2) The Tribe shall retain for not less than three (3) years the names and addresses of all sources contacted and the wage rates reported by each source.
(3) Wage rates shall include salary but not the value of benefits paid to or on behalf of the employees.
(4) The results of the survey and the prevailing wage shall be contained in a schedule of prevailing wages which shall list each covered class of profession, trade and trainees and the hourly rate for each and the effective dates of the schedule.
(5) In the years the Tribe does not conduct a survey, the wage rates shall be adjusted pursuant to the published rise in the Cost of Living Index for the area.
(B) Delegation of Authority. The Tribe may delegate its authority to conduct surveys and/or to establish the Tribal prevailing wage under this chapter to an agent or agency of the Tribe, including, but not limited to, the Tribal Employment Rights Organization (TERO); however, the Council shall approve the schedule of prevailing wages at least annually by motion or resolution. [Res. 02-R-57 § 4, 7/26/2002.]