« PreviousContinue »
1.10 Sources of information. In making his investigation the referee shall consult the following sources of information:
(a) The Building Trades Council (or some other local federation or council of the various craft unions);
(b) Independent labor organizations not allied with the local Building Trades Council;
(c) Municipal officials (the commissioner of public works, the city clerk, or other officials in charge of municipal construction who have data on the wage rates paid on city projects);
(d) The employers' organizations (such as master builders, the master painters, or other contractors associations, the local chamber of commerce, etc.);
(e) Individual contractors and architects in the locality;
(h) The local office of the United States Employment Service or affiliated agency.** CROSS REFERENCE: For United States Employment Service, see Chapter I.
1.11 Public hearing. Unless otherwise directed by the Solicitor, the referee shall begin his investigation by holding a public hearing in the municipality or other civil division of the State where the contract is to be performed.**
1.12 Place of hearing. Wherever possible the referee shall avail himself of the facilities of the local offices of the United States Employment Service or the Immigration and Naturalization Service or some other Federal agency in the vicinity. Arrangements should be made in advance for space and stenographic service.**
('ROSS REFERENCES: For United States Employment Service, see Chapter I. For Immigration and Naturalization Service, Department of Labor, see 8 CFR Chapter 1.
1.13 Notice of hearing. Notice of time and place of hearing shall be given by the referee by filling in Form DB-12 and
(a) Mailing a copy of such notice, together with a copy of the regulations in this part, to the persons or organizations specified in $ 1.10 at least 3 days in advance of the date set for the hearing; and
(b) Unless otherwise directed, causing a copy of such notice to be published in a local newspaper at least 3 days before the date of the hearing.**
1.14 Witnesses. The referee shall endeavor to elicit testimony which will supply information required in his final report by $$ 1.6-1.9.
Although strict adherence to legal rules of evidence shall not be required, no oral testimony shall be received unless such testimony
(a) Is relevant; and
1.15 Examination of witnesses. The referee alone shall have the right to examine the witnesses who testify. He may in his discretion, however, permit a witness to be questioned by any other person at the hearing.**
**For statutory and source citations, see note to § 1.1.
1.16 Documentary evidence. Documentary evidence which is otherwise competent under the regulations in this part shall be received as an exhibit, and need not be read into the record.**
1.17 Motions for continuance. The referee may in his discretion deny any motions for continuance.**
1.18 Further evidence. If the referee feels that the testimony has not elicited substantially all the information which his report is required to contain, he may in his discretion
(a) Continue the hearing and request the production of further testimony; and/or
(b) Make an independent investigation.*;
1.19 Argument. At the conclusion of the testimony any of the interested parties may submit briefs or may, in the discretion of the referee, offer oral argument.**
1.20 Report. The referee shall make a written report through the Solicitor to the Secretary of Labor 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 and include the table of wage rates required by $ 1.6 (b).
(d) Draft of tentative decision for the Secretary's consideration.*i 1.21_Other regulations. All other instructions relating to the Davis-Bacon law as amended are hereby superseded but Department Regulation No. 501 shall remain in effect with respect to contracts to which the original Davis-Bacon law (46 Stat 1494; 40 U.S.C. 276(a)) is applicable. **
1.22 Effect of determinations. The determinations of the Secretary of Labor under the said Davis-Bacon law shall be deemed to establish the minimum wages which may be paid to the designated laborers and mechanics less any and all deductions from pay roll which may be required by any laws now or hereafter in force, in any state where a project for which determination is made is situated, calling for contributions by employees from earnings to funds maintained in the administration of an unemployment compensation law approved by the Social Security Board under titles III and IX of the Social Security Act (49 Stat. 626, 639; 42 U.S.C., Sup., 501-503, 1101-1110).
This section shall be applicable to all deductions from wages of employees made in accordance with section 802 of the Social Security Act (49 Stat. 636; 42 U.S.C., Sup., 1002) for taxes with respect to the income of employees as levied by title VIII, section 801 of said Act (49 Stat. 636; 42 U.S.C., Sup., 1001).* [Sec. 22, Regulations 503, Secretary of Labor, as added Aug. 26, 1936 and 'amended Nov. 30, 1936, 1 F.R. 2087]
Cross REFERENCE: For regulations of the Social Security Board, see 20 CFR Chapter III.
**For statutory and source citations, see note to § 1.1.
Subtitle B—Labor Regulations
CHAPTER 1-UNITED STATES EMPLOYMENT
SERVICE, DEPARTMENT OF LABOR
PART 21-COOPERATION OF UNITED STATES EMPLOYMENT SERVICE AND STATE EMPLOYMENT AGENCIES
Sec. 21.1 Definitions.
21.9 Farm placement service. 21.2 Documents to be furnished by a 21.10 Affiliated employment agencies. State Service.
21.11 Interstate clearance of workers. 21.3 Approval of State plans.
21.12 Notice of strikes and lockouts. 21.4 Administration of State Services. 21.13 Free transmission of official mail. 21.5 Fiscal affairs. 21.6 Minimum standards of efficiency.
21.14 Advisory councils. 21.7 Reporting program.
21.15 Amendments, supplements, 21.8 Veterans' placement service.
Section 21.1 Definitions. As used in this part, unless the context otherwise requires.
(a) Federal Service. The term "Federal Service" means the United States Employment Service.
(b) State Service. The term “State Service” means a State employment service.
(c) Federal Director. The term "Federal Director” means the Director of the United States Employment Service, Washington, District of Columbia.
(d) State Director. The term “State Director” means the director of a State employment service.
(e) Official forms. The term “official forms” means forms provided by the United States Employment Service.
(f) Wagner-Peyser Act. The term "Wagner-Peyser Act" means the Act of June 6, 1933 (48 Stat. 113; 29 U.S.C. 49-491), entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes."** (48 Stat. 113; 29 U.S.C. 49-491)
*88 21.1 to 21.15, inclusive, issued under the authority contained in sec. 12, 48 Stat. 117; 29 U.S.C. 49k. The statutory authority interpreted is cited at the end of specific sections.
+In 88 21.1 to 21.15, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Rules and Regulations, United States Employment Service, June 7, 1937, 2 F.R. 986.
21.2 Documents to be furnished by a State Service. Each State Service shall submit the following documents to the Federal Director:
(a) State Act. A certified copy of the Act of the State legislature accepting the provisions of the Wagner-Peyser Act:
(b) State and local money available. Certified statements on official forms of all amounts of State and local funds appropriated
or otherwise made available for expenditure by the State Service and to be matched by Federal apportionments. The certificate shall be signed by the State treasurer, or by the treasurer of the local subdivision or by the proper custodian of the available funds:
(c) State plans. State plans of cooperation prepared on official forms, which shall include the following information and data:
(1) Acceptance of rules and regulations. A statement of acceptance by the State Service of the rules and regulations in this part.
(2) Statement of organization. A statement of the organization of the State service, showing
(i) Of what department or agency of State government the State Service is a part,
(ii) The line of administrative authority from the chief administrative officer of the State service to higher officials in the State government,
(iii) The delegation of responsibility and lines of authority expected to be followed within the State Service during the period covered by the plans.
(3) Organization charts. Such organization charts as will accurately present the form of organization and the lines of authority and responsibility.
(4) Appointment of personnel. The designation of that official or agency having legal authority to make appointments of personnel in the State Service as defined in State law, or as properly delegated in accordance with State law.
(5) Location of offices. The statement of the location of, and area served by, all existing and proposed offices of the entire public employment service system of the State.
(6) Budget. The detailed budget of estimated income and expenditure for the entire public employment service system of the State during the period covered by the plans.
(7) Cooperation with vocational rehabilitation agency. Provision for cooperation between the State board, department or agency which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons and the State Service (in each State where such a State board, department or agency exists).** (Sec. 8, 48 Stat. 115; 29 U.S.C. 499)
21.3 Approval of State plans. Notice of approval by the Federal Director of the plans submitted by the legally designated State agency shall be in the form of an "Agreement of Affiliation” between the State Service and the Federal Service, which agreement shall incorporate the complete statement of such plans.** (Sec. 8, 48 Stat. 116; 29 U.S.C. 49g)
21.4 Administration of State Services. Each State Service shall be under the direction of a State director, or chief executive officer, who shall devote his full time to the activities of such service. The rules and regulations in this part shall be applied uniformly by the State director in the administration of the State Service.** (Sec. 3 (a), 48 Stat. 114; 29 U.S.C. 49b (a))
**For statutory and source citations, see note to $ 21.1