Page images

Subtitle A-Office of the Secretary

of Labor

Part 1 2 3

4 5


7 20 25

Procedure for predetermination of wage rates.
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 Or-

der 10582.
Practice before Wage Appeals Board.
Occupational training of unemployed persons.
Rules for the nomination of arbitrators under section 11 of Executive Order

Nondiscrimination in apprenticeship and training.
Nondiscrimination in federally assisted programs of the Department of

Labor-effectuation of Title VI of the Civil Rights Act of 1964.
Farm labor contractor registration.
Interpretations of Farm Labor Contractor Registration Act of 1963.
Neighborhood Youth Corps projects for unemployed youths.
Immigration; availability of, and adverse effect upon, American workers.

30 31

40 41 50 60


TERMINATION OF WAGE RATES Sec. 1.1 Purpose and scope. 1.2 Definitions. 1.3 Obtaining and compiling wage rate in.

formation. 1.4 Outline of agency construction pro

grams. 1.5 Determination of wage rates. 1.6 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). 1.7

Field survey. 1.8 Hearings. 1.9 Pre-hearing conferences. 1.10 Hearing examiner's proposed decision. 1.11 Submission of hearing examiner's pro

posed 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, 1332-15; 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, 17150, 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. 468e.

SOURCE: The provisions of this Part 1 appear at 29 F.R. 95, Jan. 4, 1964, unless otherwise noted. $ 1.1 Purpose and scope.

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) 8 1.2 Definitions."

(a) The term “prevailing wage rate" for each classification of laborers and mechanics which the Solicitor shall regard as prevailing in an area shall mean:

(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.

$ 1.3

(d) The term "Solicitor" shall mean the Solicitor of Labor.

(e) The term "wages" (and its singular form) has the meaning prescribed in section 1(b) of the Davis-Bacon Act. It includes “other bona fide fringe benefits” than those expressly enumerated in the Act. This permits, among other things, the inclusion of "bona fide fringe benefits" in prevailing wage determinations under the Act for a particular area when the payment of such fringe benefits constitutes a prevailing practice. In finding whether or not it is the prevailing area practice to pay such fringe benefits, the Solicitor shall be guided by the tests of prevalence similar to those prescribed in paragraph (a) of this section. [29 F.R. 95, Jan. 4, 1964, as amended at 29 F.R. 13462, Sept. 30, 1964)

Obtaining and compiling wage rate information. For the purpose of making wage rate determinations, the Solicitor shall conduct a continuing program for the obtaining and compiling of wage rate information.

(a) The Solicitor shall encourage the voluntary submission of wage rate data by contractors, contractors' associations, labor organizations, public officials, and other interested parties, reflecting wage rates paid to laborers and mechanics on various types of construction in the area. Rates must be determined, among others, for such varying types of projects as buildings, bridges, dams, highways, tunnels, sewers, power lines, railways, airports (buildings and runways), apartment houses, wharves, levees, canals, dredging, land-clearing and excavating. Accordingly, the information submitted should reflect not only that the specified wage rate or rates are paid to a particular craft in an area, but also the type or types of construction on which such rate or rates are paid.

(b) The following types of information will be considered in making wage rate determinations:

(1) Statements showing wage rates paid on projects. (Such statements should indicate the names and addresses of contractors, including subcontractors, the locations, approximate costs, dates of construction and types of projects, the number of workers employed in each classification on each project, and the respective wage rates paid such workers.);

(2) Signed collective bargaining agreements. (The Solicitor may request the parties to an agreement to submit statements certifying to its scope and application.);

(3) Wage rates determined for public construction by state and local officials pursuant to prevailing wage legislation;

(4) Information furnished by Federal and State agencies. See § 5.3 of this subtitle. (In making wage rate determinations pursuant to section 115 of the Federal-Aid Highway Act of 1956, the Solicitor shall consult with the highway department of the State in which a project in the Interstate System is to be performed. Before making a determination of wage rates for such a project he shall give due regard to the information thus obtained.);

(5) Any other information pertinent to the determination of prevailing wage rates.

(c) The Solicitor shall supplement such information obtained on a voluntary basis by such means, including the holding of hearings, and from whatever sources he deems necessary. § 1.4 Outline of agency construction

programs. To the extent practicable, at the beginning of each fiscal year each agency using wage determinations under any of the various statutes listed in $ 1.1 shall furnish the Solicitor with a general outline of its proposed construction programs for the coming year indicating the estimated number of projects for which wage determinations will be required, the anticipated types of construction, and the locations of construction. During the fiscal year, each agency shall notify the Solicitor of any significant changes in its proposed construction programs, as outlined at the beginning of the fiscal year. $ 1.5 Determination of wage rates.

In the event that the data compiled under $ 1.3 is sufficient to determine the prevailing wage rates the Solicitor shall make a determination as to the wage rates prevailing in the area. § 1.6 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). (a) In making a wage rate determination projects completed more than one year prior to the date of request for the determination may, but need not be considered.

(b) If there has been no similar construction within the area in the past year, wage rates paid on the nearest similar construction may be considered. 8 1.7 Field survey.

Whenever the Solicitor deems that the data at hand are insufficient to make a determination with respect to all the crafts necessary to perform the proposed construction work, he may have a field survey conducted in the area of the proposed project for the purpose of obtaining sufficient information upon which to make a determination of wage rates. f 1.8 Hearings.

Whenever he deems it necessary because of insufficiency of information or impracticality of a field survey, or both, the Solicitor may direct a hearing to be held. He shall designate a hearing examiner who shall, after notice to all interested persons, proceed to the project area and make such investigations and conduct such hearings as may be necessary to make a determination of wage rates for the project. 8 1.9 Pre-hearing conferences.

When it appears that a pre-hearing conference will expedite proceedings, the examiner prior to the hearing may request interested persons to attend a conference to consider such matters as may expedite the hearing. f 1.10 Hearing examiner's proposed de

cision. The hearing examiner shall make a written proposed decision in which he shall:

(a) State the procedure that he has followed;

(b) Summarize briefly the evidence and information that he has received;

(c) Analyze the evidence and information;

(d) Draft a proposed decision for the Solicitor's consideration, § 1.11

Submission of hearing examiner's proposed decision to interested

persons. A copy of the hearing examiner's proposed decision shall be mailed to each interested person appearing at the hearing.

$ 1.12 Exceptions of interested persons.

Any interested person may within 5 days after receipt of the hearing éxaminer's proposed decision file his exceptions thereto. Such exceptions shall be filed with the Chief Hearing Examiner, U.S. Department of Labor, Washington 25, D.C., for transmission to the Solicitor. $ 1.13 Decision of Solicitor.

The Solicitor shall rule upon any exceptions filed under $ 1.12, and shall make a determination as to the prevailing wage rates for the project. $ 1.14 Review by Wage Appeals Board.

Any interested person may appeal to the Wage Appeals Board for a review of a determination of wage rates by the Solicitor under this part, or any findings and conclusions made on the record of any hearings held under $ 1.3(c). Any such appeal may, in the discretion of the Wage Appeals Board, be received, accepted, and decided in accordance with such procedures as the Board may establish. $ 1.15 Public information.

Papers and documents containing information furnishing the basis for any determination of wage rates shall be available for public inspection under the procedure prescribed in § 2.6(a) of this subtitle. Copies of such papers and documents may be obtained without regard to the procedure prescribed in § 2.9 of this subtitle. The application of these procedures shall ensure that disclosure of the relevant information will be made in a manner which will not be detrimental to the public interest or to any person voluntarily submitting information who requested that such information be held confidential.


BEFORE THE DEPARTMENT Sec. 2.1 Employees attached to regional offices. 2.2 Employees ttached to Washington

office. 2.3 Consent of the Secretary.

PUBLIC RECORDS 2.4 Copies and inspections. 2.5 Bureau of Labor Statistics.

OFFICIAL RECORDS, OPINIONS, AND ORDERS 2.6 Official records; availability for inspec



(b) Identify the matter in which the 2.7 Opinions and orders; availability for in

applicant desires to appear, and spection.

(c) Contain a statement to the effect 2.8 Claims under the Federal Tort Claims

that the applicant gave no personal conAct for loss of or damage to property

sideration to such matter while he was or for personal injury or death. 2.9 Withdrawal of originals and copies from

an employee of the Department. Departmental records.

The application will be denied it the 2.10 Officers authorized to sign and issue cer

statements contained therein are distificates of authentication.

proved by an examination of the files, AUTHORITY: The provisions of this Part 2 records and circumstances pertaining issued under R.S. 161; 5 U.S.C. 22, except as

to the matter, or if, in the opinion of the otherwise noted.

Secretary or his duly authorized repreFORMER EMPLOYEES DESIRING TO PRACTICE sentative, the public interest so requires. BEFORE THE DEPARTMENT

If the Secretary or his duly authorized

representative is satisfied that the appli$ 2.1 Employees attached to regional offices.

cant gave no personal consideration to

the matter in question while employed by No person who has been an employee the Department, and if he is satisfied of the Department and attached to a that it is lawful and consistent with the Regional office of any bureau, board, public interest to do so, he may grant division or other agency thereof, shall be his consent, in writing, to the request of permitted to practice, appear, or act as the applicant, subject to such conditions, attorney, agent or representative before if any, as he deems necessary and desirthe Department or any branch or agent able. Any function of the Secretary unthereof in connection with any case or der this section may be performed by administrative proceeding which was the Under Secretary of Labor. pending before such Regional office dur

(19 F. R. 3418, June 10, 1954) ing the time of his employment with the Department, unless he shall first obtain

PUBLIC RECORDS the written consent thereto of the Sec- $ 2.4 Copies and inspections. retary of Labor or his duly authorized representative.

(a) The papers and documents de(5 F.R. 5237, Dec. 24, 1940]

scribed in subparagraphs (1) and (2)

of this paragraph, may be examined § 2.2 Employees attached to Washing- or inspected by any person during reguton office.

lar business hours on any regular workNo person who has been an employee day (Monday through Friday of each of the Department and attached to the week, official Federal holidays excepted). Washington office of any bureau, board,

Facsimile copies of such records and division or other agency thereof, shall be

documents will also be furnished upon permitted to practice, appear, or act as

request. Except for copies duplicated attorney, agent or representative before

for distribution for no fee, a fee of 25 the Department or any branch or agent

cents will be charged for each facsimile thereof, in connection with any case or

page reproduction in a maximum size of administrative proceeding pending be

1012" X 1512''. Such postal fees in exfore such bureau, board, division or other

cess of domestic first class postal rates agency during the time of his employ- as are necessary for transmittal of copies ment with the Department, unless he

will be added to the per-page fee specishall first obtain the written consent

fied unless stamps or stamped envelopes thereto of the Secretary of Labor or his

are furnished with the request. The duly authorized representative.

Bureaus of the Department having cus

tody of records covered by this section, [5 F.R. 5237, Dec. 24, 1940]

the types of records that are open to § 2.3 Consent of the Secretary.

public examination and inspection, and The consent of the Secretary or his

the addresses at which records may be duly authorized representative may be

examined and inspected or copies purobtained as follows:

chased, are as follows: The applicant shall file an application (1) Bureau of Labor Statistics. Col. in the form of an affidavit. Such appli- lective bargaining agreements and other cation, directed to the Secretary should: available agreements and actions there

(a) State the former connection of under settling or adjusting labor disthe applicant with the Department; putes, maintained by the Department

« PreviousContinue »