synthetic fiber and such related processing of yarn as is conducted in establishments manufacturing synthetic fiber;

(2) The manufacturing of batting, wadding, or filling and the processing of waste from the fibers enumerated in subparagraph (1) of this paragraph;

(3) The manufacturing, bleaching, dyeing, or other finishing of pile fabrics or cords (except carpets and rugs containing any wool) from any fiber or yarn;

(4) The processing of any textile fabric, included in this definition of this industry, into any of the following products: bags; bandages and surgical gauze; bath mats and related articles; bedspreads; blankets; diapers; dishcloths; scrubbing cloths and wash-cloths; sheets and pillow cases; table-cloths, lunchcloths and napkins; towels; window curtains; shoe laces and similar laces;

(5) The manufacturing or finishing of braid, net, or lace from any fiber or yarn;

(6) The manufacturing of cordage, rope, or twine from any fiber or yarn, including the manufacturing of paper yarn and twine;

(7) The manufacturing or processing of yarn (except carpet yarn containing any carpet wool) or thread by systems other than the woolen system from mixtures of wool or animal fiber (other than silk) with any of the fibers designated in subparagraph (1) of this paragraph, containing not more than 45 percent by weight of wool or animal fiber (other than silk);

(8) The manufacturing, bleaching, dyeing, printing, or other finishing of woven fabrics (other than carpets and rugs) from mixtures of wool or animal fiber (other than silk) containing not more than 25 percent by weight of wool or animal fiber (other than silk), with any of the fibers designated in subparagraph (1) of this paragraph, with a margin of tolerance of 2 percent to meet the exigencies of manufacture;

(9) The manufacturing, dyeing, finishing, or processing of rugs or carpets from grass, paper, or from any yarn or fiber except yarn containing any wool but not including the manufacturing by hand of such products.

(b) 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 (49 Stat. 2036, as amended; 41 U. S. C. 3545) for the manufacture or furnishing of the products of the textile industry shall be eighty-seven (87) cents an hour or straight-time earnings of thirty-four dollars and eighty cents ($34.80) for a week of forty (40) hours, arrived at on a time or piecework basis, except that learners may be employed subject to the following terms and conditions:

(1) Learners may be employed in the occupations of machine operating, machine tending, machine fixing, and jobs immediately incidental thereto;

(2) Learners may be paid a subminimum rate of eighty (80) cents per hour or straight-time earnings of thirty-two dollars ($32) per week of forty (40) hours, unless experienced workers in the same plant and occupations 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 eighty (80) cents per hour;

(3) The length of the learning period shall be two hundred and forty (240) hours unless the learner has had previous experience in the industry in which case the number of hours of such experience must be deducted from the two hundred and forty (240) hour learning period;

(4) The number of learners may not exceed three (3) percent of the total number of machine operators, machine tenders, machine fixers, and persons engaged in jobs immediately incidental thereto 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 three (3) 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 issue 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.

(c) Deductions from the wages of employees may be made in accordance with the present regulations under the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201-219).

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

(e) 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. 6084]

§ 202.44 Chemical and related products industry. (a) The chemical and related products industry, as that term is used in this decision, shall be understood to be that industry which manufactures (1) heavy, industrial, and fine chemicals, including among others, compressed and liquefied gases, and insecticides and fungicides, and (2) the byproducts of the foregoing; and the manufacture of such commodities as: bluing; bone black, carbon black, and lampblack; cleaning and polishing preparations (except paint and varnish remover, furniture and floor wax and polish, and soap); mucilage, paste, and other adhesives. Omitted from the scope of the definition of this industry are: Ammunition; drugs and medicines; explosives; fertilizer; fireworks; paints, pigments, varnishes and lacquers; and soap, which have been accorded separate treatment by the Secretary.

(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 and furnishing of the products of the chemical and related products industry shall be:

(1) 40 cents an hour of $16.00 per week of 40 hours, arrived at either upon a time or piecework basis, for the States of Maryland, Virginia, North Carolina, South Carolina, Tennessee, Arkansas, Mississippi, Alabama, Georgia, Florida, and the District of Columbia;

819604 49

(2) 50 cents an hour or $20.00 per week of 40 hours, arrived at either upon a time or piecework basis, for the remaining States of the United States.

(c) This determination shall be effective and the minimum wages 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 on and after April 28, 1942.

(d) Nothing in this section shall be construed to 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.

[7 F. R. 2514]

§ 202.45 Aviation textile products manufacturing industry. (a) The aviation textile products manufacturing industry is defined for the purpose of this determination as that industry which is engaged in the manufacture of articles (other than apparel) primarily of fabric for use in connection with the aviation industry, including, but without limitation, parachutes of all types, parachute packs, parachute harnesses, safety belts, aerial delivery containers made primarily from fabrics, tow targets, and wind direction indicators of the wind-sock type: Provided, however, That the manufacture of canvas and duck articles for ground use, such as signaling panels, is not included.

(b) 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 furnishing of the products of the aviation textile products manufacturing industry shall be 55 cents an hour or $22.00 a week of 40 hours, arrived at either on a time or piecework basis, for the States of California, Oregon, and Washington, and 472 cents an hour or $19.00 a week of 40 hours, arrived at either on a time or piecework basis, for the remaining 45 States and the District of Columbia: Provided, That workers who are in fact learners may be employed

at the rate of 40 cents an hour or $16.00 a week of 40 hours during the first two weeks of their employment and at the rate of 45 cents an hour or $18.00 a week during the third and fourth weeks of their employment.

(c) This section shall be effective and the minimum wages 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 December 11, 1942.

(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. 1060, as amended; 29 U. S. C. 201-219), or any wage order thereunder, or under any other law or agreement more favorable to the employees than the requirements of this section. [7 F. R. 9398]

§ 202.46 Gloves and mittens industry. (a) The gloves and mittens industry is defined for the purpose of this determination as that industry which manufactures gloves and mittens (except athletic gloves and mittens) from any material (other than rubber) or from any combination of materials (other than rubber).

(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 gloves and mittens industry shall be 40 cents an hour or $16 for a week of 40 hours, arrived at either upon a time or piecework basis: Provided, That apprentices and learners 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, 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 (49 Stat. 2036, as amended; 41 U. S. C. 3545), bids for which are solicited or nego

tiations otherwise commenced by the contracting agency on or after January 16, 1943, except that learners may be employed at subminimum rates, in accordance with the present applicable regulations of the Administrator of the Wage and Hour Division, on or after January 16, 1943, in the performance of contracts, bids for which were solicited or negotiations otherwise commenced by the contracting agency prior to that date.

(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. 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. [7 F. R. 10585]

Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), or of any of the rules or regulations prescribed thereunder.

(b) A report of breach or violation shall be in writing and addressed to the Administrator, Wage and Hour and Public Contracts Divisions, Department of Labor, Washington 25, D. C.

(c) The report should contain the following:

(1) The full name and address of the person or organization reporting the breach or violation.

(2) The full name and address of the person against whom the report is made, hereinafter referred to as the "respondent."

(3) A clear and concise statement of the facts constituting the alleged breach or violation of any of the provisions of the Walsh-Healey Public Contracts Act, or of any of the rules or regulations prescribed thereunder.

§ 203.2 Issuance of a formal complaint. After a report of a breach or violation has been filed, or upon his own motion and without any report of a breach or violation having been previously filed, the Secretary of Labor or his duly authorized representative may issue and cause to be served upon the respondent a formal complaint stating the charges. Notice of hearing before a Trial Examiner designated by the Secretary of Labor shall be issued and served within a reasonable time after the issuance of the complaint. A copy of the complaint and notice of hearing shall be served upon the surety or sureties. Unless the Trial Examiner otherwise determines, the date of hearing shall not be sooner than 30 days after the date of issuance of the complaint.

§ 203.3 Answer. (a) The respondent shall have the right, unless otherwise specified in the complaint and notice, within twenty (20) days after date of issuance of the formal complaint, to file an answer thereto. Such answer shall not be limited to a mere denial of the charges. It shall specifically deny or admit each of the charges, and, if the answer is in denial of any one of the charges, it shall contain a concise statement of the facts relied upon in support of the denial. Any charges not specifically denied in the answer shall be deemed to be admitted and may be so found by the Examiner, unless the re

spondent disclaims knowledge upon which to make a denial. If the answer should admit any charge but the respondent believes there are reasons or circumstances warranting special consideration, such reasons and circumstances should be fully but concisely stated.

(b) Such answer shall be in writing, and signed by the respondent or his attorney or by any other duly authorized agent with power of attorney affixed.

(c) If no answer is filed, or if the answer as filed does not warrant a postponement of the hearing, such hearing will be held as scheduled.

(d) The original and two copies of the answer shall be filed with the Chief Trial Examiner, Department of Labor, Washington, D. C.

(e) In any case where formal complaints have been amended, the respondent shall have the right to amend his answer within such time as may be fixed by the Trial Examiner.

§ 203.4 Motions. (a) All motions except those made at the hearing shall be filed in writing with the Chief Trial Examiner, Department of Labor, Washington, D. C., and shall be included in the record. Such motions shall state briefly the order or relief applied for and the grounds for such motion. The moving party shall file an original and two copies of all such motions. All motions made at the hearing shall be stated orally and included in the stenographic report of the hearing.

(b) The Trial Examiner designated to conduct the hearing may in his discretion reserve his ruling upon any question or motion.

§ 203.5 Intervention. Any employer, employee, labor or trade organization or other interested person or organization desiring to intervene in any pending proceeding prior to, or at the time it is called for hearing, but not after a hearing, except for good cause shown, shall file a petition in writing for leave to intervene, which shall be served on all parties to the proceeding, with the Chief Trial Examiner, Department of Labor, or with the Trial Examiner designated to conduct the hearing, setting forth the position and interest of the petitioner and the grounds of the proposed intervention. The Chief Trial Examiner, or the Trial Examiner, as the case may be, may grant

leave to intervene to such extent and upon such terms as he shall deem just.

§ 203.6 Witnesses and subpoenas. (a) Witnesses shall be examined orally under oath except that for good and exceptional cause the Trial Examiner may permit their testimony to be taken by deposition under oath.

(b) The Secretary of Labor, the Administrator, or the Trial Examiner shall, upon application by any party, and upon a showing of general relevance and reasonable scope of the evidence sought, issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence under oath, including books, records, correspondence, or documents. Applications for the issuance of subpoenas duces tecum shall specify the books, records, correspondence, or other documents sought.

(c) Witnesses summoned before the Trial Examiner shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear, and the person taking the depositions shall be paid by the party at whose instance the depositions are taken.

(a)

§ 203.7 Prehearing conferences. At any time prior to the hearing the Trial Examiner may, on motion of the parties or on his own motion, whenever it appears that the public interest will be served thereby, direct the parties to appear before him for a conference at a designated time and place to consider, among other things:

(1) Simplification of the issues;

(2) The necessity or desirability of amending the pleadings for purposes of clarification, amplification or limitation;

(3) Obtaining stipulations of fact or admissions of undisputed facts or the authenticity of documents;

(4) The procedure at the hearing;

(5) Limiting the number of witnesses; (6) The propriety of mutual exchange among parties of prepared testimony or exhibits, or

(7) Any other matters which would tend to expedite the disposition of the proceeding.

(b) The action taken at the conference may be recorded, in summary form or otherwise, for use at the hearing. Such record, when agreed to by the parties and approved by the Trial Examiner, shall be conclusive as to the action embodied therein. Stipulations and admissions of fact and amendments to pleadings shall be made a part of the record of the proceeding.

§ 203.8 Hearing. (a) The hearing for the purpose of taking evidence upon a formal complaint shall be conducted by a Trial Examiner specifically designated by the Secretary of Labor, or designated by an authorized official of the Department of Labor, acting for the Secretary of Labor. Trial Examiners shall, so far as practicable, be assigned to cases in rotation. In case of the death, illness, disqualification or unavailability of the Trial Examiner presiding in any proceeding, another Trial Examiner may be designated to take his place. Such hearings shall be open to the public unless otherwise ordered by the Trial Examiner.

(b) The Trial Examiners shall perform no duties inconsistent with their duties and responsibilities as examiners. Save to the extent required for the disposition of ex parte matters as authorized by law, no Trial Examiner shall consult any person or party as to any fact in issue unless upon notice and opportunity for all parties to participate.

(c) Trial Examiners shall act independently in the performance of their functions as examiners and shall not be responsible to, or subject to the supervision or direction of, any officer, employee or agent engaged in the performance of investigative or prosecuting functions for the Department of Labor in the enforcement of the Public Contracts Act.

(d) At all hearings it shall be the right of counsel for the Government to open and close, subject to the right of the Trial Examiner to designate, upon cause shown, who shall open and close.

(e) It shall be the duty of the Trial Examiner to inquire fully into the facts as to whether the respondent has breached or violated any of the provisions of the Walsh-Healey Public Contracts Act of June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35-45), or any rules or regulations prescribed thereunder, as set forth in the formal complaint. Counsel for the Government, and the