record in the proceedings. The arbitrator may, unless prohibited by law, proceed in the absence of any party who, after due notice, fails to be present or to obtain a postponement. The award, however, must be supported by evidence.

§ 1404.9 Prompt decision.

(a) Early hearing and decision of industrial disputes is desirable in the interest of good labor relations. The parties should inform the Service whenever a decision is unduly delayed. The Service expects to be notified by the arbitrator if and when (1) he cannot schedule, hear and determine issues promptly, and (2) he is advised that a dispute has been settled by the parties prior to arbitration.

(b) The award shall be made not later than 30 days from the date of the closing of the hearing, or the receipt of a transcript and any post-hearing briefs, or if oral hearings have been waived, then from the date of receipt of the final statements and proof by the arbitrator, unless otherwise agreed upon by the parties or specified by law. However, a failure to make such an award within 30 days shall not invalidate an award.

§ 1404.10 Arbitrator's award and report.

(a) At the conclusion of the hearing and after the award has been submitted to the parties, each arbitrator is required to file a copy with the Service. The arbitrator is further required to submit a report showing a breakdown of his fees and expense charges so that the Service may be in a position to check conformance with its fee policies. Cooperation in filing both award and report within 15 days after handing down the award is expected of all arbitrators.

(b) It is the policy of the Service not to release arbitration decisions for publication without the consent of both parties. Furthermore, the Service expects the arbitrators it has nominated or ap

pointed not to give publicity to awards they may issue, except in a manner agreeable to both parties.

§ 1404.11 Fees of arbitrators.

(a) No administrative or filing fee is charged by the Service. The current policy of the Service permits each of its nominees or appointees to charge a per diem fee for his services, the amount of which is certified in advance by him to the Service. Each arbitrator's maximum per diem fee is set forth on his biographical sketch which is sent to the parties at such time as his name is submitted to them for consideration. The arbitrator shall not change his per diem fee without giving at least 90 days advance notice to the Service of his intention to do so.

(b) In those rare instances where arbitrators fix wages or other important terms of a new contract, the maximum fee noted above may be exceeded by the arbitrator after agreement by the parties. Conversely, an arbitrator may give due consideration to the financial condition of the parties and charge less than his usual fee in appropriate cases. § 1404.12 Conduct of hearings.

The Service does not prescribe detailed or specific rules of procedure for the conduct of an arbitration proceeding because it favors flexibility in labor relations. Questions such as hearing rooms, submission of prehearing or posthearing briefs, and recording of testimony, are left to the discretion of the individual arbitrator and to the parties. The Service does, however, expect its arbitrators and the parties to conform to applicable laws, and to be guided by ethical and procedural standards as codified by appropriate professional organizations and generally accepted by the industrial community and experienced arbitrators. In cities where the Service maintains offices, the parties are welcome upon request to the Service to use its conference rooms when they are available.

1500.55

Sec.

Occupations involved in the operation of power-driven woodworking machines (Order 5).

1500.57 Exposure to radioactive substances and to ionizing radiations (Order 6).

1500.58 Occupations involved in the operation of power-driven hoisting apparatus (Order 7).

1500.59 Occupations involved in the operations of power-driven metal forming, punching, and shearing machines (Order 8).

1500.60 Occupations in connection with mining, other than coal (Order 9).

1500.61 Occupations involving slaughtering, meat packing or processing, or rendering (Order 10).

1500.62 Occupations involved in the operation of bakery machines (Order 11).

1500.63 Occupations involved in the operation of paper-products machines (Order 12).

1500.64 Occupations involved in the manufacture of brick, tile, and kindred products (Order 13).

1500.65 Occupations involved in the operations of circular saws, band saws, and guillotine shears (Order 14). 1500.66 Occupations involved in wrecking, demolition, and shipbreaking operations (Order 15).

1500.67 Occupations in roofing operations (Order 16).

1500.68 Occupations in excavation operations (Order 17).

Subpart E-1-Occupations in Agriculture Particularly Hazardous for the Employment of Children Below the Age of 16

for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being

1500.50

1500.51

General.

Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components (Order 1).

1500.52 Motor-vehicle driver and outside

1500.90

United States Department of Labor;

(c) "Bureau of Labor Standards" means the Bureau of Labor Standards of the United States Department of Labor;

(d) "Oppressive child-labor age" means:

(1) Under the age of 16 years with respect to employment in any occupation; (2) 16 and under 18 years of age with respect to employment in any occupation found and by order declared by the Secretary of Labor to be particularly hazardous for the employment of minors of such ages or detrimental to their health or well-being.

(e) "A certificate of age” means a certificate as provided in § 1500.2(a) (1) or (2).

(f) "State agency" means any executive department, board, bureau or commission of the State or any division or unit thereof.

§ 1500.2 Certificates of age; effect.

(a) The employment of any minor shall not be deemed to constitute oppressive child labor under the act if his employer shall have on file an unexpired certificate, issued and held in accordance with this subpart, which shall be either:

(1) A Federal certificate of age, issued by a person authorized by the Administrator of the Wage and Hour Division showing that such minor is above the oppressive child-labor age applicable to the occupation in which he is employed, or

(2) A State certificate, which may be in the form of and known as an age, employment, or working certificate or permit, issued by or under the super

* Employment of a child by his parent or by a person standing in place of a parent in occupations other than manufacturing or mining or an occupation found and declared by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or wellbeing is exempt (section 3 (1)) from the 16year minimum age standard. The act authorizes the Secretary of Labor to provide by regulation or by order that the employment of employees between the ages of 14 and 16 years in occupations other than manufacturing and mining shall not be deemed to constitute oppressive child labor, if and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being.

vision of a State agency in such States as may be designated for this purpose by the Secretary of Labor on recommendation of the Director of the Bureau of Labor Standards showing that such minor is above the oppressive child-labor age applicable to the occupation in which he is employed. Any such certificate shall have the force and effect specified in § 1500.6.

(b) The prospective employer of a minor, in order to protect himself from unwitting violation of the act, should obtain a certificate (as specified in paragraphs (a) (1) and (2) of this section) for the minor if there is any reason to believe that the minor's age may be below the applicable minimum for the occupation in which he is to be employed. Such certificate should always be obtained where the minor claims to be only one or two years above the applicable minimum age for the occupation in which he is to be employed. It should also be obtained for every minor claiming to be older than two years above the applicable minimum age if his physical appearance indicates that this may not be true.

§ 1500.3 Information contained in cer

tificate and disposition of certificate. (a) Except as provided in § 1500.6, a certificate of age which shall have the effect specified in § 1500.2 shall contain the following information:

(1) Name and address of minor.

(2) Place' and date of birth of minor, together with a statement indicating the evidence on which this is based.

(3) Sex of minor.

(4) Signature of minor.

(5) Name and address of minor's parent or person standing in place of parent.'

(6) Name and address of employer (if minor is under 18).*

(7) Industry of employer (if minor is under 18).

(8) Occupation of minor (if minor is under 18).'

(9) Signature of issuing officer. (10) Date and place of issuance. (b) A certificate of age for a minor under 18 years of age shall be sent by a person authorized to issue such certif

This information need not appear on the certificate if it is obtained and kept on file by the person issuing the certificate.

This information need not appear on a certificate issued for employment in agriculture.

icates to the prospective employer of the minor, who shall keep such certificate on file at the place of the minor's employment and who on the termination of the employment of the minor shall return the certificate to the person issuing it, except that a certificate issued for a minor 16 years of age or over for employment in agriculture may be given to the minor. A certificate returned to the issuing officer may be accepted as proof of age for the issuance of any subsequent certificate of age for that minor, without presentation of further proof of age, unless it is found that the proof of age originally submitted was in error. Whenever a certificate of age is issued for a minor 18 or 19 years of age it may be given to the minor by the person issuing the certificate. Every minor 18 or 19 years of age shall, upon entering employment, deliver his certificate of age to his employer for filing and upon the termination of the employment the employer shall return the certificate to the minor.

§ 1500.4 Proof of age.

(a) Except as provided in § 1500.6, a certificate of age which shall have the effect specified in § 1500.2 shall be issued only upon application of the minor desiring employment or of the prospective employer to the person authorized to issue such certificate and only after acceptable documentary evidence of age has been received, examined, and approved. Such evidence shall consist of one of the following proofs of age, to be required in the order of preference herein designated, as follows:

(1) A birth certificate or attested transcript thereof or a signed statement of the recorded date and place of birth, issued by a registrar of vital statistics or other officer charged with the duty of recording births.

(2) A record of baptism or attested transcript thereof showing the date and place of birth and date and place of baptism of the minor, or a bona fide contemporary record of the date and place of the minor's birth kept in the Bible in which the records of the births in the family of the minor are preserved, or other documentary evidence satisfactory to the Director of the Bureau of Labor Standards or, in case of a Federal certificate of age, to the Administrator of the Wage and Hour Division, such as a passport showing the age of the minor, or a certificate of arrival in the United States