SCA Seniority

Its not the location of the contractors that is the determining factor.  Rather, it is the location where the services are to be performed.  Thus, a contractor can be located in Maine, but hold a service contract for performance in California with the successor contractor being located in Florida.  The Florida company would have to provide any employees of the Maine company that it hires the seniority they held with the Maine contractor, which includes accrued vacation.

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

DOECPA said:

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

Good question.

DOECPA:

Please go to the Department of Labor's Field Operations Handbook, Ch. 14, "The McNamara-O'Hara Service Contract Act," which might contain the information you want. It's 40 pages long and downloadable in pdf.  It's chock full of information about the obligations of successor contractors. You might find what you're looking for in Section 14j, Fringe Benefits Payment Requirements, which is the section which describes the obligation of the incumbent to provide a certified list of employee anniversary dates to the successor.

https://www.dol.gov/whd/FOH/FOH_Ch14.pdf

DOECPA said:

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

@DOECPA

You started out asking about one thing and then veered off to ask about about another without explanation. What "accrual" are you talking about? The paragraph you quoted in your opening post was FAR 52.222-41, paragraph (n). Nothing in that paragraph mentions any "accrual." The only mention of the word accrual is in paragraph (m). Are you asking about an amount past due to an employee by the predecessor contractor that was not paid?

This website of the USDOL may be of better help on compliance with regard to the question you raise about accrual.  See Number 18.

https://www.dol.gov/whd/recovery/pwrb/toc.htm

Thank you everyone

By accrual I was assuming that a worker may have earned personal time that they had not used by the date the contract with the predecessor ends.  Do they automatically get paid for accrued personal time or may it be transferred to the new contractor so the employee can use it when his new employer approves it.  Money gets transferred from predecessor contractor to the new contractor.

Seems crummy that you might not get your vacation from old contractor and instead get cash.  Then you have no earned vacation on the books with the new company, assuming you get hired. 

On another note.  Is a Journeyman Electrician and Master Electrician the same as a Maintenance Electrician listed in a Wage Determination?

DOECPA said:

Thank you everyone

Looks like you read the compliance reference I provided!  To your concerns.  Think of it this way, why in the heck would one company have a policy that provides that an individual's accrual of leave (money as you note!) gets transferred to another company!  Maybe the new company has a policy to let folks buy leave, who knows, but at least the rightful owner of the money (the employee) gets it, they earned it!

DOECPA said:

On another note.  Is a Journeyman Electrician and Master Electrician the same as a Maintenance Electrician listed in a Wage Determination?

The Directory of Service Contract Act Occupations will answer your question.   You can find it here - https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

You might want to wander through the USDOL website for any other questions you have before raising a question here!

DOECPA, is this a statement or question "Money gets transferred from predecessor contractor to the new contractor"?  If a statement, what requires the predecessor contractor to transfer money to the successor?

C Culham said:

The Directory of Service Contract Act Occupations will answer your question.   You can find it here - https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

I was looking through this the other day and found "carnival worker". It made my day.

Hey,  a kid that I met at Boy’s State,  (https://www.legion.org/boysnation/stateabout)  was a “Carny” at the Minnesota State Fair the next summer. He was running the “Wild Mouse” roller coaster on the Midway. 🤠

It is not uncommon for military bases to contract out for carnivals. They are usually written as concessionaire contracts with a split of the profits going back into Morale, Welfare, and Recreation activities.

It's reassuring to know they are getting paid the prevailing wage.

Don Mansfield said:

It's reassuring to know they are getting paid the prevailing wage.

Ha... Yeah but for the Government contract they all need to be "on the books." Some of them probably end up making less once IRS takes its cut.

cds said:

It is not uncommon for military bases to contract out for carnivals. They are usually written as concessionaire contracts with a split of the profits going back into Morale, Welfare, and Recreation activities.

 So would that be a non-appropriated fund instrumentality (NAFI) contract?