(c) This section shall be effective and its provisions shall apply to all contracts subject to the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), bids for which are solicited or negotiations otherwise commenced by the contracting agency on or after July 8,1943.

(d) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under any law or agreement more favorable to employees than the requirements of this section.

[8 F. R. 8080]

§ 202.11 Men's hat and cap industry. (a) (1) The cap and cloth hat branch of the men's hat and cap industry shall be defined as the manufacture and supply of men's and boys' hats (other than fur-felt) and caps, hat and cap covers, cap frames, helmets and hoods, and women's hat and cap products of similar construction and design: Provided, however, That the definition shall not include the following types of hats and caps: Leather and sheeplined; washable service (such as cooks', bakers', hospital, etc.); rainwear; straw; knitted; metal; molded plastic; vulcanized fiber; and similar types.

(2) That the prevailing minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036 as amended; 41 U. S. C. 35-45), for the manufacture or supply of products of the cap and cloth hat branch of the men's hat and cap industry is 85 cents an hour or straighttime earnings of $34 per week of 40 hours, arrived at either upon a time or piecerate basis, except that auxiliary workers in such branch, as defined in the determination of February 2, 1944, shall be paid not less than 65 cents an hour or straight-time earnings of $26 per week of 40 hours, arrived at either upon a time or piece-rate basis and that learners in such branch may be employed subject to the following terms and conditions:

(i) Learners may be employed in the non-auxiliary occupations of machine operating, cutting, blocking, pressing and overhand sewing;

(ii) Learners may be paid 672 cents per hour or straight-time earnings of $27 per week of 40 hours, unless experienced

workers in the same plant and occupation are paid on a piece-rate basis, in which case learners must be paid the same piece rates paid to experienced workers and earnings based upon those piece rates, if such earnings are in excess of 672 cents per hour;

(iii) The length of the learning period shall be 240 hours unless the learner has had experience in the industry within the previous five years, in which case the total number of hours of such experience must be deducted from the 240 hour learning period;

(iv) The number of learners may equal 10 percent of the number of workers employed in the crafts in which learners may be employed, except where, upon application to the Administrator of the Wage and Hour and Public Contracts Divisions or his authorized representative, a special certificate has been issued authorizing employment of learners in excess of such 10 percent to meet a plant's abnormal situation created by establishment of new plants, expansion of production or plant facilities, and the like. Such special certificates will not be issued where it appears that experienced workers are available to the employer within the area from which he customarily draws his supply of labor, or that the issuance of a special certificate will create unfair competitive labor cost advantages, or will impair or depress working standards established for experienced workers for work of a like or comparable character in the industry.

(3) There shall be no limitation upon the number or proportion of auxiliary workers employed in the cap and cloth hat branch of the industry.

(4) The term "auxiliary workers" as applied to the employees in the cap and cloth hat branch of the industry shall include only those employees engaged in auxiliary occupations enumerated and defined as follows:

(i) Hand clipping. The operation of separating component parts of the article after they have been sewn.

(ii) Hand cleaning. The operation of removing excess threads from the article or removing stains or dust.

(iii) Size stamping. The operation of stamping the head size marks on the article.

(iv) Floor boys (girls). One who carries items of work to and from the various departments.

(v) Examining. The operation of inspecting the article for imperfections during any stage of manufacture.

(vi) Sweat band, braid, and strap cutter and measuring. The operation of measuring and cutting bands, straps and ribbons.

(vii) Turning. The operation of turning the article inside out or outside in.

(viii) Packing. The operation of packing the finished caps into shipping containers, spraying larvex or moth flakes; if necessary, inserting tissue paper in caps and inserting a cardboard ring stiffener to support crown of cap.

(ix) Shipping and receiving. The operation of unloading and checking stock and preparing containers for shipment.

(x) Waste material sorting. The operation of separating paper from the rags whether performed in the cutting room or elsewhere.

(xi) Hand stapling. The operation by hand pressure of a wire stapling machine to join together parts of the article, to attach labels, bows or cloth to the article or part of the article, or to join ends of a cardboard strip to form a packing ring.

(xii) Drawstring pulling. The operation of slipping a cord or drawstring through part of a cap, hood or helmet. (xiii) Basting pulling. The operation of pulling out basting threads.

(xiv) Porter. The operation of cleaning floors or carrying boxes.

(xv) Band and braid fitting. The operation of placing by hand but not sewing on a cap a prepared band or braid.

(xvi) Wire stiffener inserting. The operation of slipping a wire ring into the cap.

(xvii) Handbuckling. The operation of slipping a buckle on a strap.

(xviii) Visor inserting. The operation of inserting a canvas stiffener into a cloth pocket before the visor is attached.

(xix) Pasting. The operation of attaching a label or ticket to a part of hat with paste or glue.

(xx) Hand button inserting. The operation of inserting, by hand, into a prepared hole a button and bending over clips to hold the button in place, or inserting a button with a threaded neck, and screwing a nut on neck to hold button firm.

(xxi) Hand hole punching. The operation of punching a hole into material by

use of an ice pick or similar pointed hand instrument.

(xxii) Wire cutting and ring forming. The operation of cutting a wire to length and joining the ends to form a stiffener ring.

(xxiii) Hand eyeletting. The operation by hand pressure of a machine to attach an eyelet to the article.

(xxiv) Hand snap fastening. The operation by hand pressure of a machine to attach a snap fastener to the article.

(b) (1) The minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036 as amended; 41 U. S. C. 35-45), for the manufacture or supply of products of the fur-felt hat branch of the men's hat and cap industry is 672 cents an hour or $27 per week of 40 hours, arrived at either upon a time or piecework basis.

(2) A tolerance o not more than 20 percent of the employees in any one factory whose activities at any given time are subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), is permitted for auxiliary workers in the fur-felt hat branch of the men's hat and cap industry: Provided, That any auxiliary workers in this branch of the industry shall be paid not less than 40 cents an hour or $16 per week for 40 hours arrived at either upon a time or piece-rate basis.

(c) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under any law or agreement more favorable to employees than the requirements of this determination.

(d) This section shall be effective and its provisions shall apply to all contracts subject to the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), bids for which are solicited or negotiations otherwise commenced by the contracting agency on or after November 16, 1948. [13 F. R. 6082]

§ 202.13 Envelope industry. (a) The minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the WalshHealey Public Contracts Act of June 30, 1936 (49 Stat. 2036 as amended; 41

U. S. C. 35-45), for the manufacture or supply of envelopes shall be 422 cents per hour or $17 per week for a week of 40 hours, to be arrived at either upon a time or piecework basis.

(b) This section shall be effective and the minimum wage hereby established shall apply to all such contracts for which bids are opened on or after May 12, 1938.

[3 F. R. 1052, as amended at 3 F. R. 1613]

§ 202.16 Vitreous or vitrified china industry. (a) The minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the manufacture or supply of vitreous or vitrified china shall be 4234 cents per hour or $17.10 per week for a week of 40 hours, to be arrived at either upon a time or piecework basis.

(b) This section shall be effective and the minimum wage hereby established shall apply to all such contracts, bids for which are solicited on or after May 19, 1938.

[3 F. R. 1070]

§ 202.18 Flint glass industry. (a) The minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036 as amended; 41 U. S. C. 35-45), for the manufacture or supply of flint glass shall be 422 cents an hour or $17.00 a week of 40 hours, arrived at either upon a time or piecework basis.

(b) This section shall be effective and the minimum wage hereby established shall apply to all such contracts, bids for which are solicited on or after July 12, 1938.

[3 F. R. 1612]

§ 202.19 Luggage, leather goods, belts and women's handbag industry. (a) The luggage, leather goods, belts, and women's handbag industry is defined for the purpose of this section as follows:

(1) The manufacture from any material of luggage including, but not by way of limitation, trunks, suitcases, traveling bags, brief cases, sample cases; the manufacture of instrument cases covered with leather, imitation leather,

or fabric including, but not by way of limitation, portable radio cases; the manufacture of small leather goods and like articles from any material except metal; the manufacture of women's, misses', and children's handbags, pocketbooks, purses, and mesh bags from any material except metal; but not the manufacture of bodies, panels, and frames from metal, wood, fiber, or paperboard for any of the above articles.

(2) The manufacture from leather, imitation leather, or fabric of cut stock and parts for any of the articles covered in subparagraph (1) of this paragraph.

(3) The manufacture of men's, boys', women's, misses', and children's separate belts from leather, imitation leather, or other material or fabric.

(b) The prevailing minimum wage for persons employed in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the manufacture or furnishing of the products of the luggage, leather goods, belts, and women's handbag industry is not less than 40 cents an hour or $16 per week of 40 hours, arrived at either upon a time or piecework basis: Provided, That apprentices may be employed at subminimum rates in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act (52 Stat. 1060, as amended; 29 U. S. C. 201–219), which are hereby adopted for the purposes of this section: And provided further, That learners may be employed at subminimum rates in the performance of contracts for the manufacture or furnishing of articles covered by paragraph (a) (3) of this section in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act (52 Stat. 1060, as amended; 29 U. S. C. 201-219), which are hereby adopted for the purposes of this section.

(c) This section shall be effective and the minimum wage hereby established shall apply to all contracts subject to the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), bids for which are solicited or negotiations otherwise commenced by the contracting agency on or after April 20, 1943.

(d) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under the Fair Labor Standards Act of 1938 (52 Stat. 1080, as amended; 29 U. S. C. 201-219), or any wage order thereunder, or under any other law or agreement more favorable to employees than the requirements of this section. [8 F. R. 3963]

§ 202.20 Fireworks industry. (a) The prevailing minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S.C. 35-45), for the manufacture or supply of commercial fireworks and for the manufacture or supply of fusees, flares, and railroad torpedoes shall be 40 cents an hour or $16.00 per week for a week of 40 hours, arrived at either upon a time or piecework basis.

(b) This section shall be effective and its provisions shall apply to all contracts subject to the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), bids for which are solicited or negotiations otherwise commenced by the contracting agency on or after September 8, 1944.

(c) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under any law or agreement more favorable to employees than the requirements of this section.

[9 F. R. 10001]

§ 202.21 Wool carpet and rug industry. (a) The minimum wage for employees engaged in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the manufacture of wool carpets and rugs, exclusive of rag rugs, shall be 40 cents an hour, or $16.00 per week of 40 hours, to be arrived at either upon a time or piecework basis.

(b) This section shall be effective and the minimum wage hereby established shall apply to all such contracts, bids for which are solicited on or after October 15, 1938.

[3 F. R. 2371]

§ 202.22 Tag industry. (a) The minimum wage for employees engaged in the performance of contracts with agencies

of the United States, subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the manufacture or supply of tags, shall be 40 cents an hour or $16.00 per week of forty hours, arrived at either upon a time or piecework basis.

(b) This section shall be effective and the minimum wage hereby established shall apply to all such contracts for which contracting agencies of the United States have initiated negotiations or solicited bids, as the case may be, on and after September 23, 1941.

(c) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201-219) or any wage order thereunder, or under any other law, or agreement, more favorable to employees then the requirements of this section. [6 F. R. 4656]

§ 202.23 Aircraft manufacturing industry. (a) The aircraft manufacturing industry is that industry which manufactures airplanes and gliders, aircrafttype engines, aircraft propellers, parts and accessories for the above-mentioned products, and specialized aircraft servicing equipment.

(b) Expressly excluded from the scope of the definition are such commodities

as:

(1) Fabricated textile products. Fabric covers (including engine-warming covers); parachutes; safety belts; tow targets; and wind socks.

(2) Pyrotechnics. Cartridges for engine starters; and flares and signals.

(3) Electrical and radio equipment. Batteries; electric wire and cable; intercommunication equipment; landing and navigation lights; lighting systems; radios; and radio compasses.

(4) Rubber products. Rubber de-icing equipment; flotation gear; life preservers and life rafts; bonded rubber mountings and vibration dampers; rubber utilities; and tires and tubes.

(5) Machine shop products and machinery. Bearings; bolts, nuts, rivets, screws and washers; gas refueling systems (including refueling pumps); gears and sprockets; piston rings; springs; and. wire rope.

(6) Miscellaneous products. Cameras; fire extinguishers; first aid equipment;

gaskets; instruments; lavatory equipment; and lighter-than-air craft.

(c) That the minimum wage for persons employed in the performance of contracts with agencies of the United States Government subject to the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the manufacture or furnishing of the products of the aircraft manufacturing industry, as redefined in this section, shall be 50 cents an hour or $20 for a week of 40 hours, arrived at on a time or piecework basis.

(d) Nothing in this section shall be interpreted as abrogating any obligation that may have accrued under the terms of the determinations for the industry issued on December 14, 1938, and on October 18, 1941.

(e) Nothing in this section shall affect such obligations for the payment of minimum wages as an employer may have under the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201-219) or any wage order thereunder, or under any other law or agreement, more favorable to employees than the requirements of this section.

(f) This section shall be effective and the minimum wage hereby established shall apply to all contracts subject to the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), for the products of the aircraft manufacturing industry, as defined above, bids for which are solicited or negotiations otherwise commenced on and after May 7, 1942.

[7 F. R. 3061, as amended at 13 F. R. 8684]

(b) The prevailing minimum wages for persons employed in the manufacture or furnishing of the products of the iron and steel industry are the amounts indicated for each of the following localities whether arrived at on a time or piecework basis:

(1) Forty-five cents per hour in the locality consisting of the States of Louisiana, Arkansas, Mississippi, North Carolina, South Carolina, Florida, Oklahoma, Texas, Alabama, Tennessee, Georgia, Virginia and West Virginia (except the counties of Hancock, Brooke, Ohio, Harrison, Monongalia, and Marshall);

(2) Sixty cents per hour in the locality consisting of the States of Washington, Oregon and California;

(3) Sixty cents per hour in the locality consisting of the States of Montana, Idaho, Nevada, Wyoming, New Mexico, Utah, Colorado and Arizona;

(4) Fifty-eight and one-half cents per hour in the locality consisting of the States of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Missouri and the area in and about East Saint Louis, Illinois;

(5) Sixty-two and one-half cents per hour in the locality consisting of the States of Wisconsin, Illinois (except the