Summary of minimum wage determinations applicable under the Walsh-Healey Public Contracts Act-Continued

All States and District of Columbia.

Summary of minimum wage determinations applicable under the Walsh-Healey Public Contracts Act-Continued [This summary will be supplemented from time to time by the issuance of addendum sheets reflecting latest amendments to Minimum Wage Determinations]

Standards Act.
1 Handicapped workers permitted at subminimum rates if certified in accordance with the standards and procedures set forth in Regulation part 524 and 525 of the Fair Labor
2 Some of the products covered by this determination were previously under a determination of another title.

be employed at a rate lower than 75 cents an hour.
Apprentices may be employed at wages below $1.05 if their employment conforms to the standards of the Federal Committee on Apprenticeship, except that no apprentice may
Beginners and/or probationary workers are defined in the determination.
May be employed only under certificates issued in accordance with the standards and procedures set forth in Regulation part 521 and 522 of the Fair Labor Standards Act.

apprentice may be employed at a rate lower than 75 cents an hour.
Apprentices may be employed at wages below 90 cents an hour if their employment conforms to the standards of the Federal Committee on Apprenticeship, except that no
1 Auxiliary occupations are defined in the determination.

Learners may be employed in the occupations of machire operating, nachine tending, machine fixing and jobs immediately incidental thereto.

A learner or beginner for the purpose of this determination, is a person who has had less than 320 hours experience in this industry.

Prepared by the Public Contracts Wage Determination Branch, Division of Wage Determinations.

Employees (other than handicapped) permitted at
subminimum rates i

ADDENDUM SHEET No. 1.-Summary of minimum wage determinations applicable under the Walsh-Healey Public Contracts Act

Apprentices.3

Beginners or probationary workers may be employed
for 320 hours at $1.15 an hour arrived at either on a time
or piece- rate basis.

Apprentices may be employed at wages below $1.20 an hour
if their employment conforms to the standards of the
Federal Committee on Apprenticeship, except that no
apprentices may be employed at a rate lower than $1
an hour.

Beginners or probationary workers may be employed
for 320 hours at $1.06 an hour arrived at either on a time
or piece-rate basis.

Apprentices may be employed at wages below $1.12 an hour
if their employment conforms to the standards of the
Federal Committee on Apprenticeship, except that no
apprentice may be employed at a rate lower than 75 cents
an hour.

do.

1.20

do.

(c) Blasting and detonating caps branch.

do.

1.12

Senator FULBRIGHT. What part of the law allows you to place subcontractors under the law?

Do you have anything more you want to say about it? I just have this one question for the Solicitor.

Secretary TOBIN. I am at the disposal of the committee for the

day.

The CHAIRMAN. Is there anything else you want to say?
Secretary TOBIN. No, but I will be back at 3 o'clock.

The CHAIRMAN. I will turn the meeting over to Senator Fulbright. We do not want to deny your putting anything in the record.

Secretary TOBIN. You are always a charming and generous chairman. Senator CAPEHART. You have a new regulation out here, 41, CFR, Part 201. Is that proper identification?

Mr. McCOMB. Isn't that the proposed general regulation?

Senator CAPEHART. Department of Labor, Division of Public Contracts, 41, CFR, Part 201. General Regulations, Notice of Proposed Rule Making.

Under 201.1, Definitions, you have under 2 here:

It is expressly agreed and understood that where the contractor pursuant to such relaxation enters into any arrangement with a secondary contractor for manufacture or supply of the contract commodity, our materials or parts to be used in performance of the contract, the contractor is charged with the duty of obtaining compliance of the secondary contractor with the requirements of these stipulations to the same extent as if he performed the work himself and he shall be liable for any failure by the secondary contractor to observe the requirements of such stipulation. Except that this undertaking by the contractor is not applicable where the secondary contractor is an auxiliary supplier within the meaning of 201.5 (c) of the Public Contracts Act Regulations (41 CFR 201.5 (a)).

What is the "auxiliary supplier"?

Mr. ROBERTS. That is an effort to get away from "substitute manufacturer."

Senator CAPEHART. You are going to change "substitute" to "auxiliary"?

Mr. ROBERTS. The old subcontractor is now auxiliary. He is not within the scope of the act.

Secretary TOBIN. There will be a hearing on the 10th of June where all interested parties will have an opportunity to appear.

Senator CAPEHART. Don't you think such a ruling may have a tendency to force all the big manufacturers with the prime contracts to do the work themselves?

Secretary TOBIN. I am not familiar with the regulation.

Senator CAPEHART. If I am a prime contractor and I am going to be held responsible for all the acts of my subcontractors, and I am subcontracting tens of thousands of parts, it certainly would be an encouragement for me to try to make the parts myself and therefore you stand to put these little fellows out of business.

As

I do not say that the little fellows should violate the Walsh-Healey Act and I don't say what wages he should or should not pay. far as I am concerned it has never been a problem in my business, because we have always paid a minimum above the Walsh-Healey, but I am just thinking in terms of the hundreds and hundreds of little fellows in this country who-many of them-just do not know what the law is. As a prime contractor, if I have to take on a responsibility for what these little fellows do and do not know, I wonder if we do not tend to put the little fellow out of business.