4

supervisor, in a position having trade, craft, or labor

ing experience and knowledge as the paramount requirement; and

"(D) an employee of the Veterans' Canteen Service, Veterans' Administration. excepted from

chapter 51 of this title by section 5102 (c) (14) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a fore

man and a supervisor, in a position having trade, craft, or labor experience and knowledge as the

paramount requirement; and

"(3) 'position' means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee.

"(b) This subchapter applies to all prevailing rate employees and positions in or under an agency. All such

employees employed within the United States shall be bona fide residents of the United States, unless the Secretary of

Labor certifies that no bona fide resident of the United States

is available to fill the particular position. This subchapter

does not apply to employees and positions described by

section 5102 (c) of this title other than by paragraphs (7), (8), and (14) of that section.

5

1 "§ 5343. Prevailing rate determinations; wage schedules

2

"(a) The pay of prevailing rate employees shall be

3 fixed and adjusted from time to time as nearly as is consistent 4 with the public interest in accordance with prevailing rates. 5 Subject to section 213 (f) of title 29, the rates may not be 6 less than the appropriate rates provided by section 206 (a) 7 (1) of title 29. To carry out this subsection

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1271

183

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"(1) the Civil Service Commission shall define the boundaries of individual local wage areas and designate

a lead agency for each local wage area;'

"(2) a lead agency, on order of the Commission, shall conduct a wage survey within the local wage area,

collect and analyze wage survey data, and develop and establish wage schedules; and

"(3) the head of each agency having prevailing rate employees in a local wage area shall fix and adjust the rates of such employees in that area in accordance

with the wage schedules established by the lead agency

in that area.

"(b) The Commission shall order full-scale wage surveys every second

year with interim surveys in alternating years. 22 The Commision may order more frequent surveys when con

23 ditions so suggest.

24 "(c) The Commission, by regulation, shall prescribe

25

practices and procedures for conducting wage surveys,

6

1 analyzing wage survey data, and developing and establishing

wage schedules. The regulations shall provide—

"(1) that wages surveyed be those paid by private employers in the local wage area for similar work performed by regular full-time employees;

"(2) the procedures to be employed, administratively or legally, to assure the compliance of private employers having contracts with the Federal Government of its instrumentalities with the Provisions of section 5341 paragraph (5) of this Act regarding the furnishing of data on rates of private pay requested by Federal authorities engaged in the local wage survey; "(3) that the surveys cover a cross-representation of the industries to which regular schedule prevailing rate employees subject to this Act are oriented;

"(4) that the size of the private establishments incorporated in the survey have at least three hundred employees;

“(5) for participation at all levels by representatives of labor organizations in every phase of providing an equitable system for fixing and adjusting the rates. of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analy

sis of the data, and the submission of recommendations

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127

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to the head of the lead agency for wage schedules and

for special wage schedules where appropriate;

"(6) for requirements for the accomplishment of wage surveys and for the development of wage

schedules;

"(7) (A) that a lead agency, in making a wage survey, shall determine whether there exists in the local

wage area a sufficient number of comparable positions

in private industry to establish wage schedules for the principle types of positions for which the survey is made,

and that the determination shall be in writing and shall

take into consideration all relevant evidence including

evidence submitted by labor organizations recognized 14 as representatives of employees in that area; and

"(B) that, when it is determined that there is an insufficient number of comparable positions in private industry to establish the wage schedules, the lead agency shall establish the wage schedules on the basis of local

private industry rates and rates paid for comparable

positions in private industry in the nearest wage area that it determines to be most similar in the nature of its population, employment, manpower, and industry to the wage area for which the wage survey is being made; "(8) (A) that there shall be established a basic wage rate schedule including supervisory rates, which

60-372 O 712

8

shall be divided into as many grades of difficulty and

responsibility as the Commission shall determine. Such schedule shall be uniform in application in all agencies.

"(B) Each grade shall be divided into ten wage rates, each successive rate exceeding the preceding rate by a uniform percentage of not less than 3 per centum. "(C) For each employee compensated in accordance with the rate determination system established by this subchapter, the minimum waiting periods for advancement to the following rates in all grades are

"(i) Rate 2-Twenty-six calendar weeks of creditable service;

"(ii) Rates 3 and 4-Fifty-two calendar weeks of creditable service;

"(iii) Rates 5, 6, and 7-One hundred and four calendar weeks of creditable service;

"(iv) Rates 8, 9, and 10-One hundred and fifty-six calendar weeks of creditable service: Provided, That the employee has a current performance

rating of 'satisfactory' or better.

"(D) Any employee who is promoted or trans

ferred to a position in a higher grade shall receive basic

compensation at the lowest rate of such higher grade

which exceeds his existing rate of basic compensation by