§ 81.909 Alternative procedures for railway carriers. By letters of October 5, 1942 and January 22, 1943 from the Secretary of Labor to the Secretary of War, a partial exemption regarding the submission of weekly reports above described in § 81.908 (a) was granted to railway carriers and an alternative method for obtaining permission of the Secretary of Labor to make certain types of deductions was approved. Copies of these letters may be obtained from the office of Labor Relations Branch, Industrial Personnel Division, Headquarters, Army Service Forces. [W.D. Proc. Regs., C 20, July 6, 1943, 8 F.R. 9915] DAVIS-BACON ACT § 81.911 Applicability of Davis-Bacon Act; character of contracts covered. The Act as amended applies to all contracts in excess of $2000 to be performed in any of the States of the United States, the Territory of Alaska, the Territory of Hawaii or the District of Columbia, for construction, alteration or repair including painting or decorating of public buildings or public works where the same require or involve the employment of mechanics or laborers. The act applies to contracts entered into upon a costplus-a-fixed-fee basis or otherwise with or without advertising for bids, as well as to contracts entered into upon a lump sum basis. (a) Definition of "building" and "work" by regulation. The Secretary of Labor has, by regulation, defined the words "building" and "work" as including, generally, construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. (b) Definition of "construction", or "repair". The Secretary of Labor has defined the above terms as used in the Act and in the Copeland Act covered in §§ 81.309 to 81.314 above as, in substance including all types of work done under a construction contract such as altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor and the manufacturing or furnishing of mate rials, articles, supplies, or equipment on the site of the building or work by persons employed at the site by the contractor or subcontractor. (29 CFR, Cum. Supp., 3.2 (b)) NOTE: In § 81.911 paragraphs (c), (d), (e) and (f) were redesignated (d), (e), (f) and (g) and a new paragraph (c) was added to read as set forth above, by W.D. Proc. Regs., C 24, Sept. 3, 1943, 8 F.R. 13085. [Preceding paragraphs, in small type, superseded by following paragraphs during period covered by this Supplement] (c) Exceptions. The law does not apply to contracts between the War Department and any one of the several States of the Union or the political subdivisions thereof. The law, however, is applicable to any subcontract covering any part of the work covered by such prime contract with a State (or political subdivision thereof) where it is sublet to a private contractor. (d) Exceptions based on nature of work contemplated by contract. The act does not apply to: (1) Contracts for servicing and maintenance work generally (29 CFR, Cum. Supp., 3.2 (a)). (2) Contracts for manufacturing and furnishing materials or supplies (see 22 CFR, Cum. Supp., 3.2 (a)), and servicing and maintenance work incident thereto. (3) Contracts covering the furnishing of equipment and operating personnel for work only incidental to public works (see 19 Comp. Gen. 467, Dec. B-6009, Nov. 1, 1939). (e) Exceptions, "Servicing and maintenance work" defined. The terms "servicing and maintenance work" as used in paragraphs (d) (1) and (d) (2) of this section, include: (1) Movement of machinery into or out of or from one part to another part of a building or plant completed or substantially completed. (2) Installation of machinery, machine tools or other equipment in a plant or building completed or substantially completed. (3) Plant rearrangement and production facilities adjustment or alternations incident to (1) or (2) above. NOTE: This definition in connection with paragraphs (d) (1) and (d) (2) does not relate to servicing and maintenance prosecuted by a construction contractor as a part of construction work. (f) Exceptions based on other grounds. The Act does not apply to: (1) Contracts for construction, alteration or repair, though otherwise meeting the tests of coverage hereinabove set out, where the place of performance of the contract is not known or cannot be reasonably ascertained at the time the contract is negotiated. (2) Contracts with railroad carriers and airline carriers engaged in interstate or foreign commerce, or subcontracts let to such carriers for the construction, alteration or repair of railways, or other facilities, insofar as such contracts involve railways or other facilities, insofar as such contracts involve wage rates payable to employees of such carriers operating under collective bargaining agreements with such carriers made agreeable to the provisions of the Railway Labor Act, as amended. (Letter March 14, 1942 from the Secretary of Labor to the Secretary of War, and amendment dated April 10, 1936, 49 Stat. 1189, 45 U.S.C. 181 through 188, of the "Railway Labor Act" of 1926). (g) Determination by chief of technical service. The act contemplates an administrative determination of the application of the law to particular contracts and the War Department is authorized to make such determination. The chief of the technical service involved will determine within his own office whether the foregoing regulations require the inclusion of Davis-Bacon (and Copeland) Act provisions in any particular contract. In cases of doubt the question, accompanied by full statement of the facts, shall be referred to the Industrial Personnel Disvision, Headquarters, Army Service Forces, for determination. [W.D. Proc. Regs., C 25, Sept. 24, 1943, 8 F.R. 13796] 538431-44-SUPP. VI-BK. 1 40 (f) Procedures; prevailing rate information. Each request submitted as indicated in paragraph (e) of this section will be accompanied by one or more copies of Department of Labor Form BB-15, executed in accordance with the instructions on that form, which require a separate form for each occupation. In filling out this form, the contracting officer will consult the following and consider the information obtained therefrom in forming the opinion which he is required to state on the form: (1) The Building Trades Council (or some other local federation or council of the various craft unions), (2) Independent labor organizations not allied with the local Building Trades Council, (3) 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), (4) The employers' organizations (such as Master Builders, the Master Painters, or other contractors' associations, the local chamber of commerce, etc.), (5) Individual contractors and architests in the locality, (6) The State Labor Department or its equivalent, (7) The contracting officer and supervising superintendent, and (8) The local office of the United States Employment Service or affiliated agency. NOTE: § 81.912 (a) and (f) were amended to read as set forth above, by W.D. Proc. Regs., C 20, July 6, 1943, 8 F.R. 9915. (g) Procedures; service commands. Requests by commanding generals of service commands to the Department of Labor for the confirmation or establishment of prevailing wage determinations for construction work prosecuted under a contract to which the provisions of the Act are applicable, should be channeled through the Division Engineer of the Corps of Engineers, who will forward the request to the Department of Labor Page 607 through the Chief of Engineers. The Division Engineer has available current Davis-Bacon wage rate schedules to be employed in the award of such contracts and trained personnel familiar both with War Department construction policies and the technical requisites for procuring proper wage determinations. * * (h) Reports of violation. NOTE: In § 81.912, paragraph (g) was redesignated (h) and a new paragraph (g) was added to read as set forth above, by W.D. Proc. Regs., C 25, Sept. 24, 1943, 8 F.R. 13797. § 81.913 Policy regarding construction and maintenance work. See § 81.260. [W.D. Proc. Regs., C 21 and 22, Aug. 13 and 14, 1943, 8 F.R. 12061] WALSH-HEALEY PUBLIC CONTRACTS LAW (c) Contracts entered into between the War Department and other Government agencies. By Circular Letter No. 10-43, the Deputy Administrator of the Wage and Hour and Public Contracts Divisions, issued the following interpretation: The Public Contracts Act is not applicable to contracts awarded by an Executive Department, Independent Establishment, or other Agency or Instrumentality of the United States, to another such Department, Establishment or Instrumentality; thus, contracts awarded by such an agency to the Defense Supplies Corporation, the Rubber Reserve Corporation, or the Reconstruction Finance Corporation, need not include the stipulations of the Act and, of course, need not be reported to this office. [As added by W.D. Proc. Regs., С 24, § 81.917 Applicability of Walsh-Healey Sept. 3, 1943, 8 F.R. 13086] Public Contracts Law. * * * (5) An exemption from the application of section 1 (d) and section 2 of the basic law has been granted with respect to the employment of girls between the ages of 16 and 18 by contractors in any industry. This exemption became effective November 11, 1942, and applies to all contracts subject to the Walsh-Healey Act, whether executed prior or subsequent to that date. The exemption has the effect of modifying the provisions of the standard representations and stipulations (see § 81.353) whether or not there is contained in the contract a clause similar to that authorized in paragraph (a) of § 81.353. The exemption is subject to the following conditions: [As amended by W.D. Proc. Regs., C 18, May 26, 1943, 8 F.R. 8660] (10) Contracts awarded for orange marmalade during the period from October 16, 1943, to the termination of the present war are excepted from the representations and stipulations of section 1 of the act. (8 F.R. 14353.) (11) Contracts awarded for dehydrated rutabagas during the period from October 16, 1943, through December 31, 1943 are excepted from the representations and stipulations of section 1 of the act. (8 F.R. 14353.) NOTE: In § 81.917 (b) subparagraphs (10) to (17) were redesignated (12) to (19) and new paragraphs (10) and (11) were added to read as set forth above, by W.D. Proc. Regs., C 27, Nov. 12, 1943, 8 F.R. 16014. § 81.918 General instructions. (a) The regulations and instructions contained in "Ruling and Interpretations. September 29, 1939, Walsh-Healey Public Contracts Act", and amendments thereto, will be complied with by all contracting officers. Chiefs of supply services are responsible for furnishing this publication and a supply of the forms referred to therein to each of their contracting officers. It is no longer necessary to obtain Form PC-1 from the Department of Labor (see § 81.292 (f)). [As amended by W.D. Proc. Regs., С 18, May 26, 1943, 8 F.R. 8660] Control Section, Room 1106, Department of Labor, Washington 5, D. C. In this connection, see paragraph (a) of this section, second sentence. [As amended by W.D. Proc. Regs., C 29, Dec. 17, 1943, 8 F.R. 17469] (d) Requests for exemptions, modifications, and exceptions authorized by section 6 of the basic law will be submitted by the chief of the technical service concerned to the Industrial Personnel Division, Headquarters, Army Service Forces, through the Purchases Division, Headquarters, Army Service Forces. (e) Under date of August 12, 1942, the Secretary of Labor amended all prevailing minimum wage determinations issued under the Walsh-Healey Act and in effect on said date to provide that handicapped or superannuated workers may be employed at subminimum rates in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act, and that such handicapped or superannuated workers may not be employed at subminimum rates under any other conditions. Said amendment was made applicable to all contracts subject to the Walsh-Healey Act, bids for which were solicited or negotiations for which were commenced on or after September 15, 1942. [As amended by W.D. Proc. Regs., C 21 and 22, Aug. 13 and 14, 1943, 8 F.R. (c) The manufacturing of underwear and bathing suits from any woven fabric. Date effective: April 20, 1943. Wage: Not less than 40 cents an hour or $16.00 for a week of 40 hours, arrived at either upon a time or piece-work basis. Learners may be employed at subminimum rates only in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under Fair Labor Standards Act, as amended on June 28, 1943, which were adopted for the purposes of this determination. (As amended by W.D. Proc. Regs., C 25, Sept. 24, 1943, 8 F.R. 13797] § 81.921 Seamless hosiery industry. Manufacture or furnishing of seamless hosiery. Date effective: July 8, 1943. Wage: 40 cents per hour or $16.00 per week for a week of 40 hours, arrived at either upon a time or piece-work basis, provided that learners may be employed at subminimum rates only in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act, which were adopted for the purposes of this determination. [W.D. Proc. Regs., C 20, July 6, 1943, 8 F.R. 9915] § 81.923 Rainwear industry. Manufacture or supply of men's raincoats, including vulcanized and rubberized raincoats and raincoats made from material known under the registered trademark of "Cravenette" or from fabric chemically or otherwise treated so as to render it water-resistant, of oiled waterproof cotton outer garments, and of other types of rainwear. Date effective: December 4, 1942, except that learners may be employed at subminimum rates, in accordance with the present applicable regulations of the Administrator of the Wage and Hour Division, on or after December 4, 1942, in the performance of contracts, bids for which were solicited or negotiations otherwise commenced by the contracting agency prior to that date. Wage: 40 cents an hour or $16 per week of 40 hours, arrived at either upon a time or piece-work basis. Learners may be employed at subminimum rates only in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act of 1938, as amended on June 28, 1943, which were adopted for the purposes of this determination. [W.D. Proc. Regs., C 25, Sept. 24, 1943, 8 F.R. 13797] § 81.924 Cotton garments and allied industries. * * Learners may be employed at subminimum rates only in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act, as amended on June 28, 1943, which were adopted for the purposes of this determination. NOTE: The last paragraph of $ 81.924 was amended to read as set forth above, by W.D. Proc. Regs., C 25, Sept. 24, 1943, 8 F.R. 13797. §81.925 Men's neckwear industry. Manufacture and supply of men's neckwear (exclusive of knitted neckwear and of women's ties of design and construction similar to such men's neckwear. Date effective: July 8, 1943, except that learners and apprentices may be employed at subminimum rates in accordance with the present applicable regulations of the Administrator of the Wage and Hour Division, on or after July 8, 1943, in the performance of contract bids for which were solicited or negotiations otherwise commenced by the contracting agency prior to that date. Wage: 50 cents per hour or $20.00 per week for a 40-hour week arrived at either upon a time or piece work basis: Provided, That learners and apprentices may be employed at subminimum rates in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act which were adopted for the purposes of this determination. Establishments manufacturing products as defined in this industry shall be granted a tolerance for persons actually employed as boxers and trimmers: Provided, That such boxers and trimmers be paid not less than 40 cents per hour or $16.00 per week for a 40-hour week and not less than the piece rates paid to all other workers in the same occupational classification. [W.D. Proc. Regs., C 20, July 6, 1943, 8 F.R. 9915] § 81.928 Handkerchief industry. The handkerchief industry, for the purpose of this determination, is defined as follows: The manufacture of men's, women's and children's handkerchiefs, plain or ornamented, from any material. Date effective: July 8, 1943. Wage: 40 cents per hour or $16.00 per week of 40 hours, arrived at either upon a time or piece-work basis: Provided, That learners may be employed at subminimum rates in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act of 1938 which were adopted for the purpose of this determination. [W.D. Proc. Regs., C 20, July 6, 1943, 8 F.R. 9915] * * * § 81.960 Textile industry. (j) The manufacture of adhesive tape of the type used with surgical gauze or bandages. (Adhesive tape for industrial purposes is not now subject to any minimum wage determination under the Walsh-Healey Act.) Date effective: June 24, 1942. Wage: 40 cents an hour or $16.00 for a week of 40 hours, arrived at on a time or piece work basis. Learners may be employed at subminimum rates only in accordance with the present applicable regulations issued by the Administrator of the Wage and Hour Division under the Fair Labor Standards Act, as amended on March 22, 1943, which were adopted for the purposes of this determination. This determination shall not be interpreted as abrogating any obligation that may have occurred under the previous determination for the industry or under the previous wage determination for the manufacture of bobbinets which is covered by the present definition of the textile industry. [As added by W.D. Proc. Regs., C 29, Dec. 17, 1943, 8 F.R. 17469] § 81.961 Chemical and related products industry. NOTE: The list in § 81.961 (a) was amended by deleting the item "magnesium metal powder" and adding in its proper sequence "magnesium metal, when chemically compounded," by W.D. Proc. Regs., C 29, Dec. 17, 1943, 8 F.R. 17470. OVERTIME WAGE COMPENSATION § 81.964 Interpretations, former and present. (v) National War Labor Board approval required for premium pay on sixth day of workweek. On May 31, 1943, the National War Labor Board adopted a resolution to the effect that, where, pursuant to the terms of a collective bargaining agreement, or the custom and practice in a plant, a premium rate or extra compensation was regularly paid, prior to October 1, 1942, for services performed on Saturday, as such, not more than time and one-half premium wage compensation may be paid, without the approval of the National War Labor Board, for services performed on the sixth day of work in the regularly scheduled workweek, in accordance with the provisions of Executive Order 9240. [As added by W.D. |