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Procedure for predetermination of wage rates.

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General regulations. ***Contractors and subcontractors on public building or public work financed in whole or in part by loans or grants from the United States. Labor standards for Federal Service Contracts.org Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours Standards Act), Determinations of areas of substantial unemployment under Executive Or08 3. der 10582. s 920

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Practice before Wage Appeals Board. Occupational training of unemployed persons 47 M 3 5-32418 Rules for the nomination of arbitrators under section 11 of Executive Order 10988:57 Brang and fals 3022 0.8.3 R Nondiscrimination in apprenticeship and training. Nondiscrimination in federally assisted programs of the Department of satsLabor effectuation of Title VI of the Civil Rights Act of 1964.

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Interpretations of Farm Labor Contractor Registration Act of 1963.
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Immigration availability of, and adverse effect upon, American workers.

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General regulations.

Contractors and subcontractors on public building or public work financed
in whole or in part by loans or grants from the United States.
Labor standards for Federal Service Contracts.

Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards provisions ap-
plicable to non-construction contracts subject to the Contract Work Hours
Standards Act).

Determinations of areas of substantial unemployment under Executive Or08 30 der 10582.9

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Practice before Wage Appeals Board.

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Occupational training of unemployed persons

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Rules for the nomination of arbitrators under section 11 of Executive Order
10988.SAT Tent SEX DALS 300A C.R. J 38
Nondiscrimination in apprenticeship and training.

Nondiscrimination in federally assisted programs of the Department of sarasLabor-effectuation of Title VI of the Civil Rights Act of 1964. 140 Farm labor contractor registration.

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PART 1-PROCEDURE FOR PREDETERMINATION OF WAGE RATES

Sec.

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

Purpose and scope.

Definitions.

Obtaining and compiling wage rate information.

Outline of agency construction programs.

Determination of wage rates. Scope of consideration (exclusive of wage rate determinations made pursuant to the Federal-Aid Highway Act of 1956, which shall be made in accordance with § 1.3(b) (4) of this part).

Field survey.
Hearings.

Pre-hearing conferences.

1.10 Hearing examiner's proposed decision. 1.11 Submission of hearing examiner's proposed decision to interested persons. 1.12 Exceptions of interested persons. 1.13 Decision of Solicitor. 1.14 Review by Wage Appeals Board. 1.15 Public information.

AUTHORITY: The provisions of this Part 1 issued under R.S. 161, 64 Stat. 1267; sec. 2, 48 Stat. 948; sec. 10, 61 Stat. 89; 5 U.S.C. 22, 133z-15; 40 U.S.C. 276c; 29 U.S.C. 258. Interpret or apply sec. 1, 46 Stat. 1494, 49 Stat. 1011; sec. 212 added to c. 847, 48 Stat. 1246 by sec. 14, 53 Stat. 807; sec. 602, added to c. 94, 64 Stat. 77 at 73 Stat. 681; sec. 2, 60 Stat. 1041; sec. 15, 60 Stat. 178; sec. 307(f); 63 Stat. 430; sec. 205, 64 Stat. 973; sec. 310, 65 Stat. 307; sec. 201, 64 Stat. 1248; sec. 3, 72 Stat. 532; sec. 108, 72 Stat. 895; sec. 6, 62 Stat. 1158; sec. 15, 75 Stat. 714; sec. 21, 75 Stat. 613; sec. 15, 75 Stat. 688; sec. 721, 77 Stat. 167; secs. 101, 122, 135, 205, 77 Stat. 282, 284, and 288. 40 U.S.C. 276a; 12 U.S.C. 1701q, 1715c, 1749a; 42 U.S.C. 291h, 1416, 1459, 1592; 29 U.S.C. 1114, 20 U.S.C. 636; 23 U.S.C. 113; 50 U.S.C. App. 2281; 33 U.S.C. 466e. SOURCE: The provisions of this Part 1 appear at 29 F.R. 95, Jan. 4, 1964, unless otherwise noted.

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The regulations contained in this part set forth the procedure for the determination of wage rates pursuant to each of the following acts: Davis-Bacon Act, National Housing Act, Hospital Survey and Construction Act, Federal Airport Act, Housing Act of 1949, School Survey and Construction Act of 1950, Defense Housing and Community Facilities and Services Act of 1951, Federal-Aid Highway Act of 1956, Federal Civil Defense Act of 1950, College Housing Act of 1950, Federal Water Pollution Control Act, Area Redevelopment Act, Delaware River Basin Compact Housing Act of 1959, and Health Professions Educational Assist

ance Act of 1963, Mental Retardation Facilities Construction Act, Community Mental Health Centers Act, Higher Educational Facilities Act of 1963, Vocational Educational Act of 1963, Library Services and Construction Act, Urban Mass Transportation Act of 1964, Economic Opportunity Act of 1964, Hospital Medical Facilities Amendments of 1964, Housing Act of 1964, The Commercial Fisheries Research and Development Act of 1964, The Nurse Training Act of 1964, and such other statutes as may, from time to time, confer upon the Secretary of Labor similar wage determining authority. (5 U.S.C. 22)

[29 F.R. 13462, Sept. 30, 1964]

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(1) The rate of wages paid in the area in which the work is to be performed, to the majority of those employed in that classification in construction in the area similar to the proposed undertaking;

(2) In the event that there is not a majority paid at the same rate, then the rate paid to the greater number: Provided, Such greater number constitutes 30 percent of those employed; or

(3) In the event that less than 30 percent of those so employed receive the same rate, then the average rate.

(b) The term "area" in determining wage rates under the Davis-Bacon Act and the prevailing wage provisions of the other statutes listed in § 1.1 shall mean the city, town, village, or other civil subdivision of the State in which the work is to be performed. In determining wage rates pursuant to section 115 of the Federal-Aid Highway Act of 1956, the College Housing Act of 1950, and the Federal Water Pollution Control Act, the term "area" shall mean immediate locality of the proposed project.

(c) The term "average rate" for each classification in an area shall mean the rate obtained by adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers.

1 These definitions are not intended to restrict the meaning of the terms as used in the applicable statutes.

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