LABOR STANDARDS ENFORCEMENT In order to assure coordination of administration and consistency of enforcement of the labor standards provisions of each of the following Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch. 411), as amended [sections 276a to 276a-6 of Title 40]; (b) the Act of June 13, 1934 (48 Stat. 948, ch. 482) [section 276c of Title 401; (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as amended [sections 321-323 of Title 40]; (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as amended [sections 324 and 325 of Title 401; (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as amended [sections 1703, 17081711, 1713, 1715c, 1716 of Title 12]; (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958) [sections 291-291m of Title 42]; (g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended [sections 1101-1119 of Title 49]; and (h) the Act of July 15, 1949 (ch. 338, Public Law 171, Eighty-first Congress, first session [sections 1416, 1451-1460 of Title 421). WAGE APPEALS BOARD, ESTABLISHMENT AND FUNCTIONS, SECRETARY OF LABOR Federal Register, January 4, 1964 WAGE APPEALS BOARD, ESTABLISHMENT AND FUNCTIONS, 1. Authority. This order is issued pursuant to R.S. 161 (5 U.S.C. 22), Reorganization Plan No. 6 of 1950 (5 U.S.C. 611 note) and Reorganization Plan No. 14 of 1950 (5 U.S.C. 133z-15 note). 2. Purpose. The purpose of this Order is to establish a Wage Appeals Board and to authorize the Board to carry out certain functions of the Secretary of Labor under Reorganization Plan No. 14 of 1950 (5 U.S.C. 133z-15 note), any statutes subject to that Plan, which include Davis-Bacon Act (40 U.S.C. 276a-7), and as extended to the Federal-Aid Highway Act of 1956 (23 U.S.C. 113); Copeland Act (40 U.S.C. 276c); Contract Work Hours Standards Act (40 US.C. 327-330); National Housing Act (12 U.S.C. 1713, 1715a, 1715c, 1715k, 17157(d) (3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748b, 1748h-2, 1750g); Hospital Survey and Construction Act (42 U.S.C. 291h); Federal Airport Act (49 U.S.C. 1114); United State Housing Act of 1937 (42 U.S.C. 1416); Housing Act of 1949 (42 U.S.C. 1459); School Survey and Construction Act of 1950 (20 U.S.C. 636); Defense Housing and Community Facilities and Services Act of 1959 (42 U.S.C. 1592i); Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281); Area Redevelopment Act (42 U.S.C. 2518); Delaware River Basin Compact (sec. 15.1, 75 Stat. 714) and also under the Federal Water Pollution Control Act (33 U.S.C. 4663); the College Housing Act of 1950 (12 U.S.C. 1749a), and the Housing Act of 1959 (12 U.S.C. 1701q), and to carry out those functions under the rules promulgated pursuant to the Plan and other authority published in 29 CFR Parts 1 and 5. The establishment of the Board and the delegations of authority thereto also necessitate some changes in the delegations of authority to the Solicitor of Labor under the statutes involved. These changes are made in Paragraph 12 of this Order. 3. Rescission of previous Order. General Order No. 41 of the Secretary of Labor (18 F.R. 2609) is hereby rescinded. 4. Establishment of Wage Appeals Board. There is hereby established a Wage Appeals Board which shall be directly responsible to the Secretary of Labor for the proper performance of the delegated authority conferred in Paragraph 8 of this Order. The Board shall operate under the rules of the Secretary of Labor interpreting or applying the statutes listed in Paragraph 2 of this Order. 5. Composition. The Board shall consist of three public members, one of whom shall be designated Chairman. The members of the Board shall be appointed by the Secretary of Labor, and shall be selected upon the basis of their qualifications and competence in matters within the authority of the Board. 6. Voting. The Chairman of the Board may, in his discretion, designate 338-665-70-16 IV-9 himself or any other member of the Board to decide any appeal provided the interested persons or parties have consented to the disposition of the appeal in this manner. The Chairman may also direct that any appeal may be decided by a panel of any two members of the Board, but if they are unable to agree upon a decision, the case will be decided by the full Board. When an appeal is decided by all three members of the Board, a majority vote shall be necessary for decision. Any decision in any other matter shall also be by a majority vote. 7. Location of Board proceedings. The Board shall hold its proceedings in Washington, D.C., unless for good cause the Board orders that proceedings in a particular matter be held in another location. 8. Authority of the Board. The Board shall act as the authorized representative of the Secretary of Labor in deciding appeals, concerning question of fact and law, taken in the discretion of the Board, from wage determinations issued under the Davis-Bacon Act and its related minimum wage statutes and under 29 CFR Part 1; appeals taken, in the discretion of the Board, in debarment cases arising under 29 CFR Part 5; disputes coming before the Board, in its discretion, concerning the payment of prevailing wage rates or proper classifications which involve significant sums of money, large groups of employees, or novel or unusual situations; and, in its discretion, in reviewing the recommendations of a Federal agency for appropriate adjustment of liquidated damages which are assessed under the Contract Work Hours Standards Act. On any question of law, the Board shall act on the advice of the Solicitor. 9. Rules of practice and procedure. The Board may recommend to the Secretary such rules as it deems necessary or appropriate for the conduct of its proceedings. The Secretary shall issue rules implementing the recommendations of the Board. 10. Department Counsel. The Solicitor or his designee shall represent the Department in each proceeding before the Board. 11. Authority of Solicitor. Except: (1) as provided in Paragraph 8 of this Order and (2) in the promulgation of general rules pursuant to Reorganization Plan No. 14 of 1950, the Solicitor of Labor shall act as the authorized representative of the Secretary of Labor in carrying out the duties and responsibilities of the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 276a-7), Federal-Aid Highway Act of 1956 (23 U.S.C. 113), Copeland Act (40 U.S.C. 276c), Contract Work Hours Standards Act (40 U.S.C. 327-330), National Housing Act (12 U.S.C. 1713, 1715a, 1715c, 1715k, 1715(d) (3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748b, 1748h-2, 1750g), Hospital Survey and Construction Act (42 U.S.C. 291h), Federal Airport Act (49 U.S.C. 114), United States Housing Act of 1937 (42 U.S.C. 1416), Housing Act of 1949 (42 U.S.C. 1459), School Survey and Construction Act of 1950 (20 U.S.C. 636), Defense Housing and Community Facilities and Services Act of 1951 (42 U.S.C. 1592i), Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281), Area Redevelopment Act (42 U.S.C. 2518), the Housing Act of 1959 (12 U.S.C. 1701q), Delaware River Basin Compact (sec. 15.1, 75 Stat. 714), Federal Water Pollution Control Act (33 U.S.C. 466e), College Housing Act of 1950 (12 U.S.C. 1749a), the Tennessee Valley Authority Act (16 U.S.C. 831b), Reorganization Plan No. 14 of 1950, and the rules published in 29 CFR Parts 1, 3, and 5. The Solicitor may subdelegate his duties and responsibilities under this paragraph. Signed at Washington, D.C., this 30th day of December 1963. W. WILLARD WIRTZ, DEPARTMENT OF LABOR1 Office of the Secretary [Secretary's Order 21-67] LABOR STANDARDS ON FEDERALLY FINANCED OR ASSISTED WORK CONTRACTS Delegation of Enforcement Responsibility 1. Purpose. The purpose of this order is to delegate authority and to assign responsibility for performance of functions of the Secretary of Labor under the wage standards provisions of each of the laws referred to below: 132 F.R. 14802, Oct. 25, 1967. Reorganization Plan No. 14 of 1950 (64 Stat. 1267). Davis-Bacon Act (40 Copeland Act (40 U.S.C. 276c). Contract Work Hours Standards Act (40 US.C. 327-331). Any statute enacted after July 1, 1967 which incorporates by reference any provisions of any of the statutes listed above. Federal Aid Highway Act of 1956 (23 U.S.C. 113). National Housing Act (12 U.S.C. 1713, 1715a, 1715c, 1715k, 1715(d) (3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748b, 1748h-2, 1750g). Hospital Survey and Construction Act (42 U.S.C. 291h). Federal Airport Act (49 U.S.C. 1114). Housing Act of 1949 (42 US.C. 1459). School Survey and Construction Act of 1950 (20 U.S.C. 636). Defense Housing and Community Facilities and Services Act of 1951 (42 United States Housing Act of 1937 (42 U.S.C. 1416). Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281). Area Redevelopment Act (42 U.S.C. 2518). Delaware River Basin Compact (sec. 15.1, 75 Stat. 714). Health Professions Educational Assistance Act of 1963 (42 U.S.C. 292d(c) (4), 293a (c) (5)). Mental Retardation Facilities Construction Act (42 U.S.C. 295(a) (2) (d), Community Mental Health Centers Act (42 U.S.C. 2685 (a) (5)). Vocational Educational Act of 1963 (20 U.S.C. 35f). Library Services and Construction Act (20 U.S.C. 355c(a) (4)). Urban Mass Transportation Act of 1964 (sec. 10a, 78 Stat. 307). Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532). Housing Act of 1964 (78 Stat. 797). The Commercial Fisheries Research and Development Act of 1964 (sec. 7,78 Stat. 199). The Nurse Training Act of 1964 (sec. 2, 78 Stat. 910). Elementary and Secondary Education Act of 1965 (20 U.S.C. 239). Appalachian Regional Development Act of 1965 (79 Stat. 5, 21, sec. 402). The Research and Development in High-Speed Ground Transportation National Technical Institute for the Deaf Act (79 Stat. 125, 126, sec. National Capital Transportation Act of 1965 (Public Law 89–173). Demonstration Cities and Metropolitan Development Act of 1966 (Public Federal Aid Highway Act of 1966 (Public Law 89-574). Models Secondary School for the Deaf Act (Public Law 89–694). Allied Health Professions Personnel Training Act of 1966 (Public Law 89-751). 2. Authority. This order is issued under authority of 5 U.S.C. 301, Reorganization Plan No. 6 of 1950 (64 Stat. 1263), and the plan and the statutes referred to in paragraph 1 hereof. 3. Previous directives affected. Paragraph 11 of Secretary's Order No. 32-63 (29 F.R. 118) is hereby revoked. 4. Delegation of authority and assignment of responsibility—(a) Solicitor of Labor. Except with reference to the duties specified in subparagraph (c) below, the Solicitor of Labor shall carry out the functions of the Secretary of Labor under the Wage and Hour standards provisions of the statutes and reorganization plan referred to in paragraph 1 hereof and generally interpret, administer and apply these statutes. This authority and responsibility shall include: (1) Determining wage rates as authorized under such statutes, including resolution of conformable rate questions existing under contracts subject to such statutes; (2) performing the enforcement functions of the Secretary of Labor; (3) interpreting the statutes and reorganization plan referred to in paragraph 1; and (4) granting or revoking such variations, tolerances and exemptions as are authorized by any of the statutes referred to with regard to construction work. (b) Assistant Secretary for Labor-Management Relations. The Assistant Secretary for Labor-Management Relations shall provide supervision to the Administrator of the Wage and Hour and Public Contracts Divisions in the performance of the functions delegated to him in subparagraph (c) of this paragraph. (c) Administrator of the Wage and Hour and Public Contracts Divisions. The Administrator of the Wage and Hour and Public Contracts Divisions, or his delegate, shall (1) conduct investigations with respect to compliance and enforcement of labor standards prescribed under the statutes referred to in paragraph 1 hereof, determine the investigation program, settle cases of violations where appropriate, upon the payment of wages withheld and liquidated damages due, coordinate the enforcement activities of the contracting agencies, request the contracting agencies to withhold funds and authorize the disbursement of such funds to accomplish payment of wages withheld, receive complaints of violations and investigations from contracting agencies, (2) grant or revoke such variations, tolerances, and exemptions as are authorized by any of the statutes referred to in paragraph 1 hereof with regard to nonconstruction work and (3) approve or disapprove recommendations of the contracting agencies concerning relief from liquidated damages. 5. Effective date. This order shall take effect immediately. Signed at Washington, D.C., this 19th day of October 1967. 1.6 1.7 1.8 1.9 Obtaining and compiling wage rate information. Outline of agency construction programs. Determination of wage rates. Scope of consideration (exclusive of wage rate determinations made pursuant to the Federal-Aid Highway Act of 1956, which shall be made in accordance with § 1.3(b) (4) of this part.) Field survey. Hearings. Pre-hearing conferences. 1.10 Hearing examiner's proposed decision. 1.11 1.12 Submission of hearing examiner's proposed decision to interested persons. Exceptions of interested persons. 1.13 Decision of Solicitor. 1.14 Review by Wage Appeals Board. 1.15 Public information. AUTHORITY: The provisions of this Part 1 issued under R.S. 161, 64 Stat. 1267; sec. 2, 48 Stat. 948; sec. 10, 61 Stat. 89; 5 U.S.C. 22, 133g-15 note; 40 U.S.C. 276c; 29 U.S.C. 258. Interpret or apply sec. 1, 46 Stat. 1494, 49 Stat. 1011; sec. 212 added to c. 847, 48 Stat. 1246 by sec. 14, 53 Stat. 807; sec. 602, added to c. 94, 64 Stat. 77 at 73 Stat. 681; sec. 2, 60 Stat. 1041; sec. 15, 60 Stat. 178; sec. 307(f); 63 Stat. 430; sec. 205, 64 Stat. 973; sec. 310, 65 Stat. 307; sec. 201, 64 Stat. 1248; sec. 3, 72 Stat. 532; sec. 108, 72 Stat. 895; sec. 6, 62 Stat. 1158; sec. 15, 75 Stat. 714; sec. 21, 75 Stat. 613; sec. 15, 75 Stat. 688; sec. 721, 77 Stat. 167; secs. 101, 122, 135, 205, 77 Stat. 282, 284, and 288. 40 U.S.C. 276a; 12 U.S.C. 1701q, 1715c, 1749a; 42 U.S.C. 291h, 1416, 1459, 1592; 29 U.S.C. 1114, 20 U.S.C. 636; 23 U.S.C. 113; 50 U.S.C. App. 2281; 33 U.S.C. 466e. SOURCE: The provisions of this Part 1 appear at 29 F.R. 95, Jan. 4, 1964, unless otherwise noted. § 1.1 Purpose and scope. The regulations contained in this part set forth the procedure for the determination of wage rates pursuant to each of the following acts: Davis Bacon Act, National Housing Act, Hospital Survey and Construction Act, Federal Airport Act, Housing Act of 1949, School Survey and Construction Act of 1950, Defense Housing and Community Facilities and Services Act of 1951, Federal-Aid Highway Act of 1956, Federal Civil Defense Act of 1950, College Housing Act of 1950, Federal Water Pollution Control Act, Area Redevelopment Act, Delaware River Basin Compact Housing Act of 1959, and Health Professions Educational Assistance Act of 1963, Mental Retardation Facilities Construction Act, Community Mental Health Centers Act, Higher Educational Facilities Act of 1963, Vocational Educational Act of 1963, Library Services and Construction Act, Urban Mass Transportation Act of 1964, Economic Opportunity Act of 1964, Hospital Medical Facilities Amendments of 1964, Housing Act of 1964, The Commercial Fisheries Research and Development Act of 1964, The Nurse Training Act of 1964, and such other statutes as may, from time to time, confer upon the Secretary of Labor similar wage determining authority. (5 U.S.C. 22) [29 F.R. 13462, Sept. 30, 1964] §1.2 Definitions.1 (a) The term "prevailing wage rate" for each classification of laborers and mechanics which the Solicitor shall regard as prevailing in an area shall mean: (1) The rate of wages paid in the area in which the work is to be performed, to the majority of those employed in that classification in construction in the area similar to the proposed undertaking; (2) In the event that there is not a majority paid at the same rate, then the rate paid to the greater number: Provided, Such greater number constitutes 30 percent of those employed; or (3) In the event that less than 30 percent of those so employed receive the same rate, then the average rate. (b) The term "area" in determining wage rates under the Davis-Bacon Act and the prevailing wage provisions of the other statutes listed in § 1.1 shall mean the city, town, village, or other civil subdivision of the State in which the work is to be performed. In determining wage rates pursuant to section 115 of the Federal-Aid Highway Act of 1956, the College Housing Act of 1950, and the Federal Water Pollution Control Act, the term "area" shall mean immediate locality of the proposed project. (c) The term "average rate" for each classification in an area shall mean the rate obtained by adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers. (d) The term "Solicitor" shall mean the Solictor of Labor. (e) The term "wages" (and its singular form) has the meaning prescribed in section 1(b) of the Davis-Bacon Act. It includes "other bona fide fringe benefits" than those expressly enumerated in the Act. This permits, among other things, the inclusion of "bona fide fringe benefits" in prevailing wage determinations under the Act for a particular area when the payment of such fringe benefits constitutes a prevailing practice. In finding whether or not it is the prevailing area practice to pay such fringe benefits, the Solicitor shall be guided by the tests of prevalence similar to those prescribed in paragraph (a) of this section. [29 F.R. 95, Jan. 4, 1964, as amended at 29 F.R. 13462, Sept. 30, 1964] § 1.3 Obtaining and compiling wage rate information. For the purpose of making wage rate determinations, the Solicitor shall conduct a continuing program for the obtaining and compiling of wage rate information. (a) The Solicitor shall encourage the voluntary submission of wage rate data by contractors, contractors' associations, labor organizations, public officials, and other interested parties, reflecting wage rates paid to laborers and mechanics on various types of construction in the area. Rates must be determined, among others, for such varying types of projects as buildings, bridges, dams, highways, tunnels, sewers, power lines, railways, airports (buildings and runways), apartments houses, wharves, levees, canals, dredging, land-clearing and excavating. Accordingly, the information submitted should reflect not only that the specified wage rate or rates are paid to a 1 These definitions are not intended to restrict the meaning of the terms as used in the applicable statutes. |