8505.1 Purpose and scope.

(a) The regulations contained in this part set forth the procedures which are deemed necessary and appropriate to carry out the provisions of section 5(j) of the National Foundation on the Arts and Humanities Act of 1965, 79 Stat. 848; 20 U.S.C. 954(j); relating to labor standards requirements on projects or productions assisted by grants from the National Endowment for the Arts.

(b) Regulations and procedures relating to wages on construction projects as provided in section 5(k) of the National Foundation on the Arts and Humanities Act of 1965 may be found in Parts 3 and 5 of this title.

(c) Standards of overtime compensation for laborers or mechanics may be found in the Contract Work Hours and Safety Standards Act, 76 Stat. 357, 40 U.S.C. 327 note.

[32 FR 4309, Mar. 21, 1967, as amended at 37 FR 14301, June 19, 1972]

sion/Deputy Assistant Secretary for Employment Standards, who exercises responsibilities for the Secretary over the requirements pertaining to wages.

(d) The term "Assistant Secretary" means the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, who exercises responsibilities for the Secretary over the requirements pertaining to safety and health.

(e) "Professional" in the phrase "professional performer and related or supporting professional personnel" shall include all those who work for compensation on a project or production which is assisted by a grant from the National Endowment for the Arts regardless of whether paid out of grant funds. It shall not include those whose status is "amateur" because their engagement for performance or supporting work contemplates no compensation. The words “related or supporting. personnel" in the same phrase shall include all those whose work is related to the particular project or production such as musicians, stage hands, scenery designers, technicians, electricians and moving picture machine operators, as distinguished from those who operate a place for receiving an audience without reference to the particular project or production being exhibited, such as ushers, janitors, and those who sell and collect tickets. The phrase shall not include laborers and mechanics employed by contractors or subcontractors on construction projects, but their compensation is regulated under section 5(k) of the Act. The phrase "professional performers and related or supporting professional personnel" shall not include persons employed as regular faculty or staff of an educational institution performing primary duties commonly associated with the teaching process. It shall include persons employed by educational institutions primarily to engage in activities customarily performed by the performing artists or by those who assist in the presentation of the performing arts.

[32 FR 4309, Mar. 21, 1967, as amended at 37 FR 14301, June 19, 1972]

similar to those which will be performed by professional performers and related or supporting professional personnel do so pursuant to contracts between their employers and the following national or international labor organizations or local labor organizations which are affilitated with one of them:

Actors' Equity Association

Screen Actors Guild, Inc.

Screen Extras Guild, Inc.

American Guild of Musical Artists, Inc.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators. American Federation of Musicians.

National Association of Broadcast Employees and Technicians.

American Federation of Television and Radio Artists. International Brotherhood of Electrical Workers. American Guild of Variety Artists.

These contracts provide the minimum compensation (including fringe benefits) to be paid such professional performers and related or supporting professional personnel. The compensation provided in each of these contracts is hereby determined to be the prevailing minimum compensation for each of the professional performers and related or supporting professional personnel to which it applies or would apply if he were a member of the appropriate one of the above-mentioned labor organizations. Such determination shall be subject to variation, however, on behalf of any adversely affected professional worker or grantee as provided in paragraph (b) of this section.

(b) Variations—(1) On behalf of professional workers. Any professional performer or related or supporting professional personnel desiring employment on any such project or production and any labor organization representing any one of them may protest the determination made in paragraph (a) of this section. Such protest shall be in writing, shall be directed to the Administrator, shall identify the locality or localities and the class or classes of professional performers and related or supporting professional personnel to whom it relates, shall specify the minimum compensation which actually prevails in each such locality for each such class and shall present all of the evidence available touching on the issue. The Administrator will make a determination concerning each such protest to the extent necessary to resolve the issue for any approved grant application.

(2) On behalf of grantees. Any grant applicant who proposes to compensate any professional performer or related or supporting

professional personnel in an amount less than the prevailing minimum compensation determined in paragraph (a) of this section shall specify the lower minimum compensation he proposes to pay and present such evidence as he may have that the prevailing minimum compensation is not more than he proposes to pay. If such grant application is otherwise approved, such issue will be resolved by the Administrator.

$505.4 Receipt of grant funds.

(a) The grantee shall not receive funds authorized by section 5 of the Act until adequate initial assurances pursuant to section 5(j) (1) and (2) of the Act as provided in §§505.5(a) and 505.6 have been filed with the Chairman of the National Endowment of the Arts. Neither shall he receive any such funds if and after the Chairman of the National Endowment of the Arts is advised by the Secretary that continuing assurances as provided in §505.5(b) are inadequate or that labor standards contemplated by section 5(j) (1) and (2) of the Act have not been observed.

(b) In order to facilitate such assurance so that the grantee may receive the grant funds promptly, the Chairman of the National Endowment of the Arts will transmit to each grantee of a grant under section 5 of the National Foundation on the Arts and Humanities Act of 1965 with the grant letter a copy of these regulations together with two copies of USDL Form No. 1-297. He will advise the grantee that before the grant may be received, the grantee must give assurances that all professional performers and related or supporting professional personnel (other than laborers or mechanics with respect to whom labor standards are prescribed in subsection 5(k) of the Act), will be paid, without subsequent deduction or rebate on any account not less than the minimum compensation determined in §505.3(a) unless a variation is obtained under §505.3(b) and that the safety and health requirements under §505.6 are met. The Chairman will maintain on file in Washington, D.C., for a period of six (6) years and make available upon request to the Secretary the original signed Form USDL No. 1-297 and a copy of the grant letter together with any supplementary documents needed to give a discription of the project or production to be financed in whole or part under the grant.

[32 FR 4309, Mar. 21, 1967, as amended at 37 FR 14301, June 19, 1972]

§505.5 Adequate assurances.

(a) Initial assurances. Unless the grantee seeks variation of the determination of prevailing minimum compensation contained in §505.3, or variation of the safety and health standards contained in §505.6, execution of USDL Form No. 1-297 will constitute his initial assurances. If variation of the prevailing minimum compensation provided in §505.3(a) is sought under §505.3(b) the information called for by §505.3(b) shall be furnished in lieu of assurances on USDL Form No. 1-297 and appropriate assurances will be drafted by the Administrator for the grantee upon resolution of the application for variation.

(b) Continuing assurances. (1) The grantee shall maintain and preserve sufficient records as an assurance of compliance with section 5(j) (1) and (2) of the Act and shall make such reports therefrom to the Secretary as necessary or appropriate to assure the adequacy of the assurances given. These records shall include the following information relating to each performer and related or supporting personnel for whom a prevailing minimum compensation determination has been made pursuant to $505.3. In addition the record required in paragraph (b)(1)(vii) of this section shall be kept for all employees engaged in the project or production assisted by the grant. (i) Name.

(ii) Home address. (iii) Occupation.

(iv) Basic unit of compensation (such as the amount of a weekly or monthly salary, talent or performance fee, hourly rate or other basis on which compensation is computed), including fringe benefits or amounts paid in lieu thereof.

(v) Work performed for each pay period expressed in terms of the total units of compensation fully and partially completed.

(vi) Total compensation paid each pay period, deductions made, and date of payment, including amounts paid for fringe benefits and the person to whom they were paid, and

(vii) Brief description of any injury incurred while performing under the grant and the dates and duration of disability.

Such records shall be kept for a period of 2 years after completion of the project or production to which they pertain.

(2) The grantee shall permit the Administrator and the Assistant Secretary or their representatives to investigate and gather data regarding the wages, hours, safety, health, and

other conditions and practices of employment related to the project or production, and to enter and inspect such project or production and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether the grantee has violated the labor standards contemplated by section 5(j) of the Act, or which may aid in the enforcement of such standards.

(c) Determination of adequacy. The Administrator and Assistant Secretary shall determine the adequacy of assurances within each of their respective areas of responsibilities, given pursuant to paragraphs (a) and (b) of this section and may revise their determination at any time.

[32 FR 4309, Mar. 21, 1967, as amended at 37 FR 14301, June 19, 1972]

$505.6 Safety and health standards.

(a) Standards. Section 5(j) (2) of the Act provides that “(2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards . . . as he may deem necessary or appropriate to carry out" this provision. The applicable safety and health standards shall be those published in 41 CFR Part 50-204, including matters incorporated by reference therein. Evidence of compliance with State laws relating to health and sanitation will be considered prime facie evidence of compliance with the safety and health requirements of the Act and any contract subject thereto, and it shall be sufficient unless rebutted or overcome by a preponderance of evidence of a failure to comply with any applicable safety and health standards published in 41 CFR Part 50-204, including matters incorporated by reference therein.

(b) Variances. (1) Variances from standards applied under paragraph (a) of this section may be granted under the same circumstances in which variances may be granted under section 6(b)(6)(A) or 6(d) of the WilliamsSteiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the

granting of variances and for related relief are those published in Part 1905 of this title.

(2) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from a standard applied under paragraph (a) of this section and in Part 1910 of this title shall be deemed a variance from the standards under both the National Foundation on the Arts and Humanities Act of 1965 and the WilliamsSteiger Occupational Safety and Health Act of 1970.

[36 FR 9865, May 29, 1971]

8505.7 Failure to comply.

The Secretary's representatives shall maintain a list of those grantees who are considered to be responsible for instances of failure to comply with the obligation of the grantees specified in section 5(j) (1) and (2) of the Act, which are considered to have been willful or of such nature as to cast doubt on the reliability of formal assurances subsequently given and there shall be maintained a similar list where adjustment of the violations satisfactory to the Secretary was not properly made. Assurances from persons or organizations on either such list or any organization in which they have a substantial interest shall be considered inadequate until such time as they may, by appropriate application to the Secretary, achieve their removal from such lists.

Sec.

511.17 Records.

511.18 Publication and effective date of wage order. 511.19 Petitions.

AUTHORITY: Secs. 5, 6, 8, 52 Stat. 1062, 1064; 29 U.S.C. 205, 206, 208; secs. 2-12, 60 Stat. 237-244; 5 U.S.C. 1001-1011.

Source: 21 FR 7669, Oct. 6, 1956, unless otherwise noted.

§511.1 General method for issuance of wage

orders.

Pursuant to authority delegated by the Secretary of Labor, the Administrator of the Wage and Hour Division publishes the orders which are required by statute to make the recommendations of industry committees effective as wage orders under section 6(c) of the Fair Labor Standards Act. The wage orders issued by the Administrator must by law give effect to the recommendations of the industry committees. All wage order proceedings will be conducted in accordance with the standards provided in the Administrative Procedure Act as interpreted and applied in this part.

§511.2 Initiation of proceedings; notices of hearings.

(a) Wage order proceedings are intiated by order of the Secretary, published in the FEDERAL REGISTER, giving notice of hearings by industry committees to recommend the minimum rate or rates of wages to be paid under section 6 of the act to employees in Puerto Rico, the Virgin Islands, and American Samoa engaged in commerce or in the production of goods for commerce or in any enterprise engaged in commerce or in the production of goods for commerce. These orders will contain a definition of the particular industry in Puerto Rico, the Virgin Islands, or American Samoa, for which the committee is to make its recommendations, or these orders will direct the committee to recommend the minimum rate or rates of wages for all industry in Puerto Rico, the Virgin Islands, or American Samoa. All such orders will make provision for convening the committee. Any particular industry defined in such an order may be a trade, business, industry, or branch thereof, or group of industries, in which individuals are gainfully employed.

(b) These orders will also give reasonable notice (1) of the time and place of the commencement of the hearing of such witnesses and receiving of such evidence as may be necessary or appropriate to enable the committee to perform its duties and functions

under the act, (2) of the general nature of the wage order proceedings and the authority under which they are proposed, (3) of the subjects and issues involved, and (4) that the committee will take official notice of the economic report (note §511.13) and the parties will have an opportunity at the hearing to show any contrary or additional facts. [26 FR 6513, July 20, 1961]

§511.3 Composition and appointment of

committees.

An industry committee will be composed of residents of the island or islands where the employees with respect to whom such committee was appointed are employed and residents of the United States outside of Puerto Rico, the Virgin Islands, and American Samoa. The Secretary will appoint as members of each committee an equal number of persons representing (a) the public, (b) employees in the industry, and (c) employers in the industry. The public members shall be disinterested, and the Secretary will designate one as chairman. For purposes of this section only, the definition of the industry shall be considered to include all such industry throughout the United States, its territories and possessions. [27 FR 10651, Nov. 1, 1962]

§511.4 Compensation of committee members.

Each member of an industry committee will be allowed a per diem of $114 for each day actually spent in the work of the committee, and will, in addition, be reimbursed for necessary transportation and other expense incident to traveling in accordance with Standard Government Travel Regulations then in effect. All travel expenses will be paid on travel vouchers certified by the Administrator or his authorized representative. Any other necessary expenses which are incidental to the work of the committee may be incurred by the committee upon approval of, and shall be paid upon certification of, the Administrator or his authorized representative.

[40 FR 55321, Nov. 28, 1975]
§511.5 Vacancies and dissolution of

committees.

The Secretary will appoint persons to fill any vacancies occurring in industry committees. If an industry committee is unable to arrive at a recommendation within a reasonable time, or refuses to make a recommendation, it may be dissolved by the Secretary. An industry committee shall cease to perform further func

Each industry committee will be furnished a lawyer, to serve as committee counsel, and an economist, to serve as committee economist. Committee counsel shall advise the committee on the issues of law, including interpretations of these regulations and the legal scope of the committee's discretion, which arise during the committee proceedings. The committee counsel and economist shall be available to advise and assist the committee at all of its meetings. The Administrator shall furnish the committee with adequate stenographic, clerical, and other assistance.

§511.8 Prehearing statements.

(a) Every employer, employee, trade association, trade union, or group of employers, employees, associations, or unions in the industry as defined, or in such industry elsewhere in the United States, and every other person who, in the judgment of the committee has an interest sufficient to justify the participation he proposes, shall be considered an interested person. No member of the committee may participate as an interested person.

(b) Any interested person who wishes to participate on his own behalf or by counsel shall file a written prehearing statement not later than ten days before the first hearing