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(b) Any certificate in effect pursuant to such regulations shall constitute authorization for employment of that worker under the Public Contracts Act in accordance with the terms of the certificate, insofar as the prevailing minimum wage is concerned.

(c) The Administrator is authorized to issue certificates under the Public Contracts Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, at appropriate rates of compensation and in accordance with the standards and procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

(d) The Administrator is also authorized to withdraw, annul, or cancel such certificates in accordance with the regulations set forth in 29 CFR Parts 525 and 528.

Subpart A-Application and Scope

Sec. 50-202.1 Applicatior, and scope.

Subpart B-Groups of Industries

50-202.2 Minimum wage in all industries

except to the extent to which a higher

minimum wage is provided in Subpart C. 50-202.3 Learners, student learners, ap

prentices, and handicapped workers.

Subpart C-Particular or Similar Industries

[28 FR 9529, Aug. 30, 1963)

50-202.16 Bituminous coal industry.

CROSS REFERENCE: For regulations relative to employment of learners, see 29 CFR Part 522.

Subpart A-Application and Scope

$ 50–201.1201 Reports of contracts award

ed. Whenever the contracting officer shall award a contract in which the stipulations required under $ 50-201.1 are operative, he shall furnish the Department of Labor in quadruplicate on a form provided for this purpose the information required by such form. [7 FR 4767, June 26, 1942. Redesignated at 24 FR 10952, Dec. 30, 1959)

$ 50-201.1202 Complaints.

Whenever any officer or employee of the United States Government or of any agency thereof has any knowledge of, or receives any complaint with respect to, a breach or violation of the stipulations required under $ 5C-201.1, he shall transmit such complaint according to the usual practice in his department to the Department of Labor, together with such other information as he has in his possession. (1 FR 1627, Sept. 19, 1936. Redesignated at 24 FR 10952, Dec. 30, 1959)

$ 50-202.1 Application and scope.

Not less than the minimum wages prescribed in this part shall be paid to employees described in $ 50-201.102 of this chapter when their work relates to contracts subject to the WalshHealey Public Contracts Act. The minimum wages prescribed in this part shall apply to all contracts bids for which are solicited or negotiations otherwise commenced on or after the effective date of the applicable determination. Nothing in this part shall affect any obligations for the payment of minimum wages that an employer may have under any law or agreement more favorable to employees than than the requirements of this part. (Secs. 1, 4, 49 Stat. 2036, 2038; 41 U.S.C. 35, 38) (26 FR 9043, Sept. 26, 1961)

Subpart B. -Groups of Industries

tion or furnishing of bituminous coal (including lignite) shall be not less than the amount indicated for each area as follows:

$ 50-202.2 Minimum wages in all indus

tries except to the extent to which a higher minimum wage is provided in Subpart C. In all industries, except to the extent to which a higher minimum wage is provided in Subpart C, the minimum wage applicable to employees described in $50-201.102 of this chapter shall be not less than $2.65 per hour commencing January 1, 1978, $2.90 per hour commencing January 1, 1979, $3.10 per hour commencing January 1, 1980 and $3.35 per hour commencing January 1, 1981. As all minimum wages in Subpart C are less than $2.90 per hour, Subpart C is rescinded as of January 1, 1979.

(41 U.S.C. 43a) [43 FR 28495, June 30, 1978)

$ 50-202.3 Learners, student learners, ap

prentices, and handicapped workers. Learners, student learners, apprentices, and handicapped workers may I be employed at less than the minimum

wage prescribed in $ 50-202.2 to the same extent such employment is permitted under section 14 of the Fair Labor Standards Act.

District 1. Eastern Pennsylvania: $2.745.

The following counties in Pennsylvania: Bedford, Blair, Bradford, Cambria, Cameron, Centre, Clarion, Clearfield, Clinton, Elk, Forest, Fulton, Huntingdon, Jefferson, Lycoming, McKean, Mifflin, Potter, Somerset, Tioga.

Armstrong County, including mines served by the Pittsburgh and Shawmut Railroad on the west bank of the Allegheny River, and north of the Conemaugh division of the Pennsylvania Railroad.

Fayette County, all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.

Indiana County, north of but excluding the Saltsburg branch of the Pennsylvania Railroad between Edri and Blairsville, both exclusive.

Westmoreland County, including all mines served by the Pennsylvania Railroad, Torrance, and east.

All coal-producing counties in the State of Maryland.

The following counties in West Virginia: Grant, Mineral, and Tucker.

District 2. Western Pennsylvania: $2.745.

The following counties in Pennsylvania: Allegheny, Beaver, Butler, Greene, Lawrence, Mercer, Venango, Washington.

Armstrong County, west of the Allegheny River and exclusive of mines served by the Pittsburgh and Shawmut Railroad.

Indiana County, including all mines served on the Saltsburg branch of the Pennsylvania Railroad north of Conemaugh River.

Fayette County, except all mines on and east of the line of Indian Creek Valley branch of the Baltimore and Ohio Railroad.

Westmoreland County, including all mines except those served by the Pennsylvania Railroad from Torrance, east.

District 3. Northern West Virginia: $2.745.

The following counties in West Virginia: Barbour, Braxton, Calhoun, Doddridge, Gilmer, Harrison, Jackson, Lewis, Marion, Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Webster, Wetzel, Wirt, Wood.

That part of Nicholas County including mines served by the Baltimore and Ohio Railroad and north.

District 4. Ohio: $2.745.
All coal-producing counties in Ohio.

District 5. Michigan: Not less than that minimum wage prescribed in $ 50-202.2.

District 6. Panhandle: $2.745.

The following counties in West Virginia: Brooke, Hancock, Marshall, and Ohio.

District 7. Southern Numbered 1: $2.745.

(Sec. 6, 49 Stat. 2038; 41 U.S.C. 40) (43 FR 28495, June 30, 1978)

Subpart C-Particular or Similar

Industries

or

$ 50-202.16 Bituminous coal industry.

(a) Definition. The bituminous coal industry is defined as that industry which produces or furnishes all coal (including lignite) except Pennsylvania anthracite. “Produces furnishes” includes mining or other extraction, and the loading, screening, sizing, washing, oiling and other preparation of bituminous coal, and activities incidental to these operations. The term “preparation of bituminous coal" does not include any activities performed at Great Lakes or tidewater docks.

(b) Minimum wages. The minimum wage for employees (other than auxiliary workers) engaged in the produc

The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers.

Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginian Railway.

McDowell County, that portion served by the Dry Fork Branch of the Norfolk and Western Railroad and east thereof.

Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad.

Wyoming County, that portion served by the Gilbert branch of the Virginian Railway lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railway.

The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig.

Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands-Jewelll Ridge branch of the Norfolk and Western Railroad.

Buchanan County, that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the heaquarters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek).

District 8. Southern Numbered 2: $2.745.

The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln Logan, Mason, Mingo, Putnam, Wayne, Cabell.

Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad.

McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad.

Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof.

Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad.

Wyoming County, that portion served by Gilbert branch of the Virginian Railway lying west of the mouth of Skin Fork of Guyandot River.

The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise.

All of Buchanan County, except that portion on the headwaters of Dismal Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad.

Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and Branch from Bluestone Junction to Boissevain branch of Norfolk and Western Railroad and Richlands

Jewell Ridge branch of the Norfolk and Western Railroad.

The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Clinton, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, Magoffin, Martin, Manifee, Morgan, Owsley, Perry, Pike, Pulaski, Rockcastle, Wayne, Whitley, Wolfe.

The following counties in Tennessee: Anderson, Campbell, Clairborne, Cumberland, Fentress, Morgan, Overton, Pickett, Putnam, Roane, Scott.

The following counties in North Carolina: Lee, Chatham, Moore.

District 9. Kentucky: Not less than that minimum wage prescribed in $ 50-202.2.

District 10: Illinois: $2.745.
All coal-producing counties in Illinois.
District 11. Indiana: $2.78.
All coal-producing counties in Indiana.

District 12. Iowa: Not less than that minimum wage prescribed in $ 50-202.2.

All coal-producing counties in Iowa.

District 13. Southeastern (Alabama, Georgia, and Tennessee): Not less than that minimum wage prescribed in $ 50-202.2.

District 14. Arkansas-Oklahoma: Not less than that minimum wage prescribed in $ 50202.2.

District 15. Southwestern (Kansas, Texas, Missouri, and Oklahoma): Not less than that minimum wage prescribed in $ 50-202.2.

District 16. Northern Colorado: $2.796.

The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld.

District 17. Southern Colorado: $2.795.

The following counties in Colorado: All counties not included in northern Colorado district.

The following counties in New Mexico: All coal-producing counties in the State of "eh Mexico, except those included in the New Mexico district.

District 18. New Mexico: $2.796.

The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, San. doval, San Juan, San Miguel, Santa Fe, Socorro.

The following counties in Arizona: Pinal, Navajo, Graham, Apache, Coconino.

All coal-producing counties in California.
District 19. Wyoming: $2.82.
All coal-producing counties in Wyoming.

The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham. Bannock, Power, Caribou, Oneida, Franklin, Bear Lake.

District 20. Utah: $2.82.
All coal-producing counties in Utah.

District 21. North Dakota-South Dakota: Not less than that minimum wage prescribed in $ 50-202.2.

District 22. Montana: $2.846.

who do not work in or around coal

mines. (41 U.S.C. 43a) (26 FR 9042, Sept. 26, 1961, as amended at 33 FR 2388, Jan. 31, 1968; 43 FR 28495, June 30, 1978)

PART 50-203—RULES OF PRACTICE

Subpart A-Proceedings Under Section 5 of the

Walsh-Healey Public Contracts Act

Sec. 50-203.1 Reports of breach or violation. 50-203.2 Issuance of a formal complaint. 50-203.3 Answer. 50-203.4 Motions. 50-203.5 Intervention. 50-203.6 Witnesses and subpoenas. 50-203.7 Prehearing conferences. 50-203.8 Hearing. 50-203.9 Briefs. 50-203.10 Decision of the Trial Examiner. 50-203.11 Review, 50-203.12 Effective date.

Subpart B-Exceptions and Exemptions Pursu

ant to Section 6 of the Walsh-Healey Public Contracts Act

All coal-producing counties in Montana. District 23. Washington: $2.735. All coal-producing counties in Washing. ton. All coal-producing counties in Oregon.

(c) (Reserved) (d) Auxiliary workers. The term "auxiliary workers” as applied to employees in the Bituminous Coal Industry shall include employees who are employed in the following occupations or combinations of occupations: Engineering:

1. Rodman.
2. Chainman.
3. Assistant transitman.
4. Transitman or transit worker.
5. Corpsman.
6. Surveyor.
7. Junior draftsman.
8. Draftsman.
9. Engineer, mining and civil.

10. Surveyor helper.
Laboratory:
1. Laboratory assistant.
2. Laboratory technician.
3. Sampler.
4. Chemist helper or assistant chemist.
5. Chemist.
6. Laboratory sample grinder.
Shipping:

1. Billing clerk. 2. Shipping clerk. 3. Shipper. 4. Weighmaster or retail weighmaster. 5. Weighman, scaleman, or weighboss. 6. Mine clerk. 7. Payroll clerk. Supply: 1. Supply clerk, warehouse clerk, or store

clerk. .. Supplyman, warehouseman, storeman,

or storekeeper. 3. Supply purchasing agent. Other: 1. Prospective driller and assistant driller. 2. Other prospecting crew members. 3. Coal inspector. 4. Coal preparation technician. 5. Dispatcher. 6. Electrician or electrical engineer. 7. Shift maintenance foreman. 8. Machinist foreman. 9. Lampman. 10. Utility truck driver. 11. Machinist. 12. Timekeeper and assistant timekeeper. 13. Powerhouse, sub-station, and pump at

tendant. 14. Hoisting engineer. 15. Employees of regular dealers in coal and employees of contractors who are exempt from section 1(a) of the Act pursuant to $ 50-201.604(a) of this chapter,

50-203.13 Requests for exceptions and ex

emptions. 50-203.14 Decisions concerning exceptions

and exemptions.

Subpart C—Minimum Wage Determinations Under the Walsh-Healey Public Contracts Act

50-203.15 Initiation of proceeding. 50-203.16 Industry panel meetings. 50-203.17 Hearings. 50-203.18 Evidence. 50-203.19 Subpoenas and witness fees. 50-203.20 Examination of witnesses. 50-203.21 Decisions. 50-203.22 Effective date of determinations. 50-203.23 Delegation of authority.

AUTHORITY: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38, unless otherwise noted.

Subpart A-Proceedings Under Sec

tion 5 of the Walsh-Healey Public Contracts Act

SOURCE: 11 FR 14493, Dec. 18, 1946, unless otherwise noted. Redesignated at 24 FR 10952, Dec. 30, 1959.

$ 50-203.1 Reports of breach or violation.

(a) Any employer, employee, labor or trade organization or other interested person or organization may report a The following counties in West Virginia: Greenbrier, Mercer, Monroe, Pocahontas, Summers.

Fayette County, east of Gauley River and including the Gauley River branch of the Chesapeake and Ohio Railroad and mines served by the Virginian Railway.

McDowell County, that portion served by the Dry Fork Branch of the Norfolk and Western Railroad and east thereof.

Raleigh County, excluding all mines on the Coal River branch of the Chesapeake and Ohio Railroad.

Wyoming County, that portion served by the Gilbert branch of the Virginian Railway lying east of the mouth of Skin Fork of Guyandot River and that portion served by the main line and the Glen Rogers branch of the Virginian Railway.

The following counties in Virginia: Montgomery, Pulaski, Wythe, Giles, Craig.

Tazewell County, that portion served by the Dry Fork branch to Cedar Bluff and from Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Richlands-Jewelll Ridge branch of the Norfolk and Western Railroad.

Buchanan County, that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad and that portion of said county on the heaquarters of Dismal Creek, east of Lynn Camp Creek (a tributary of Dismal Creek).

District 8. Southern Numbered 2: $2.745.

The following counties in West Virginia: Boone, Clay, Kanawha, Lincoln, Logan, Mason, Mingo, Putnam, Wayne, Cabell.

Fayette County, west of, but not including mines of the Gauley River branch of the Chesapeake and Ohio Railroad.

McDowell County, that portion not served by and lying west of the Dry Fork branch of the Norfolk and Western Railroad.

Raleigh County, all mines on the Coal River branch of the Chesapeake and Ohio Railroad and north thereof.

Nicholas County, that part south of and not served by the Baltimore and Ohio Railroad.

Wyoming County, that portion served by Gilbert branch of the Virginian Railway lying west of the mouth of Skin Fork of Guyandot River.

The following counties in Virginia: Dickinson, Lee, Russell, Scott, Wise.

All of Buchanan County, except that portion on the headwaters of Disma) Creek, east of Lynn Camp Creek (tributary of Dismal Creek) and that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad.

Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and Branch from Bluestone Junction to Boissevain branch of Norfolk and Western Railroad and Richlands

Jewell Ridge branch of the Norfolk and Western Railroad.

The following counties in Kentucky: Bell, Boyd, Breathitt, Carter, Clay, Clinton, El. liott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, Magoffin, Martin, Manifee, Morgan, Owsley, Perry, Pike, Pulaski, Rockcastle, Wayne, Whitley, Wolfe.

The following counties in Tennessee: An. derson, Campbell, Clairborne, Cumberland, Fentress, Morgan, Overton, Pickett, Putnam, Roane, Scott.

The following counties in North Carolina: Lee, Chatham, Moore.

District 9. Kentucky: Not less than that minimum wage prescribed in $ 50-202.2.

District 10: Illinois: $2.745.
All coal-producing counties in Illinois.
District 11. Indiana: $2.78.
All coal-producing counties in Indiana.

District 12. Iowa: Not less than that mini. mum wage prescribed in $ 50-202.2.

All coal-producing counties in Iowa.

District 13. Southeastern (Alabama, Georgia, and Tennessee): Not less than that minimum wage prescribed in $ 50-202.2.

District 14. Arkansas-Oklahoma: Not less than that minimum wage prescribed in g 50202.2.

District 15. Southw stern (Kansas, Texas, Missouri, and Oklahoma): Not less than that minimum wage prescribed in $ 50-202.2.

District 16. Northern Colorado: $2.796.

The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld.

District 17. Southern Colorado: $2.795.

The following counties in Colorado: All counties not included in northern Colorado district.

The following counties in New Mexico: All coal-producing counties in the State of in Mexico, except those included in the New Mexico district.

District 18. New Mexico: $2.796.

The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, San. doval, San Juan, San Miguel, Santa Fe, Socorro.

The following counties in Arizona: Pinal, Navajo, Graham, Apache, Coconino.

All coal-producing counties in California.
District 19. Wyoming: $2.82.
All coal-producing counties in Wyoming.

The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham. Bannock, Power, Caribou, Oneida, Franklin, Bear Lake.

District 20. Utah: $2.82.
All coal-producing counties in Utah.

District 21. North Dakota-South Dakota: Not less than that minimum wage prescribed in $ 50-202.2.

District 22. Montana: $2.846.

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