(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. [28 FR 9529, Aug. 30, 1963] § 50-201.1201 Reports of contracts awarded. 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] § 50-201.1203 Other contracts. Nothing in this part shall be construed as impairing the authority possessed by any contracting agency to require labor standards in contracts not covered by this act. [1 FR 1627, Sept. 19, 1936. Redesignated, at 24 FR 10952, Dec. 30, 1959] PART 50-202-MINIMUM WAGE DETERMINATIONS Subpart A-Application and Scope Sec. 50-202.1 Application 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, apprentices, and handicapped workers. Subpart C-Particular or Similar Industries 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 § 50-202.1 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 § 50-202.2 Minimum wages in all industries 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, apprentices, and handicapped workers. Learners, student learners, apprentices, and handicapped workers may 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. (Sec. 6, 49 Stat. 2038; 41 U.S.C. 40) [43 FR 28495, June 30, 1978] Subpart C-Particular or Similar Industries § 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 or 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 tion or furnishing of bituminous coal (including lignite) shall be not less than the amount indicated for each area as follows: 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. 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. 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 New 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, Sandoval, 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, Bannock, Power, Caribou, Oneida, Franklin, Bear Lake. District 20. Utah: $2.82. Bingham. 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. breach or violation, or apparent breach or violation of the WalshHealey 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 may be reported to the nearest regional or local office of the Workplace Standards Administration, U.S. Department of Labor, or with the Administrator of Workplace Standards, U.S. Department of Labor, Washington, D.C. 20210. (c) [Reserved] (d) In the event that a Regional Director of the Wage and Hour and Public Contracts Divisions is notified of a breach or violation which also involves safety and health standards, such Director shall notify the appropriate Regional Director of the Bureau of Labor Standards who shall with respect to the safety and health violation take action commensurate with his responsibilities pertaining to safety and health standards. (e) 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 preach or violation of any of the provisions of the Walsh-Healey Public Contracts Act, or of any of the rules or regulations prescribed thereunder. (41 U.S.C. 35, 40; 5 U.S.C. 556) [32 FR 7702, May 26, 1967, as amended at 36 FR 288, Jan. 8, 1971] § 50-203.2 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 Deputy Solicitor 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. [35 FR 14839, Sept. 24, 1970] § 50-203.3 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 respondent 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. § 50-203.4 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., |