« ПредишнаНапред »
debt-funding agreement between Germany and the United States dated June 23, 1930, with respect to the obligations of Germany on account of awards entered and to be entered by the Mixed Claims Commission, United States and Germany. The period in which Germany is in arrears shall be deemed to continue for the purpose of this order until it is determined by the President that such period has terminated.1* [E.O. 6981, Mar. 2, 1935]
*88 4.1 to 4.3, inclusive, issued under the authority contained in 40 Stat. 411, 45 Stat. 254, E.O. 6694, May 1, 1934, and Attorney General's Order 2575, July 2, 1936.
4.2 Restrictions still imposed thereon. The restrictions imposed by 48 Stat. 1267 are hereby removed except as to the following payments, conveyances, transfers, or deliveries of money or property or of the income, issues, profits, or avails thereof:
(a) To any person who was on April 6, 1917, or who at any time since that date has been, a German national, unless such person is entitled to receive payment under section 9, subsection (b) (1), of the Trading with the Enemy Act, as amended, or unless such person is a national of the United States at the time of payment, conveyance, transfer, or delivery, and was on June 1, 1934, the legal and beneficial owner of the claim to the money or property or the income, issues, profits, or avails thereof, and on or before June 1, 1934, the United States received written notice of such ownership.
(b) To any corporation, association, or partnership, or other unincorporated body of individuals, or a body politic which on or at any time since April 6, 1917, was organized or existed under the laws of Germany or had its principal place of business in Germany.
(c) To any corporation, association, or partnership, or other unincorporated body of individuals, or a body politic in which a substantial legal or beneficial interest is owned directly or indirectly by any person to whom payment, conveyance, transfer, or delivery continues to be postponed under paragraph (a) or (b) of this section, or to any person who is a trustee of such money or property for a person to whom payment, conveyance, transfer, or delivery continues to be postponed under paragraph (a) or (b) of this section.
(d) To the heirs, devisees, legatees, executors, administrators, representatives, creditors, successors, or assigns of any person to whom payment, conveyance, transfer, or delivery continues to be postponed under paragraph (a), (b), or' (c), except to such heirs, devisees, or legatees as are natural persons and have been nationals of the United States from June 1, 1934, to the time of payment, conveyance, transfer, or delivery, and except to such creditors as are not German nationals and are eligible claimants under section 9, subsections (a) and (e) of the Trading with the Enemy Act, as amended.* [E.O. 7111, July 22, 1935]
* E.O. 6981 of Mar. 2, 1935, as amended by E.O. 7111 of July 22, 1935, removed, in certain cases, restrictions imposed by Public Resolution 53, of June 27, 1934 (48 Stat. 1267), as to payments, transfers, and deliveries of property under the Trading with the Enemy Act (40 Stat. 411) and the Settlement of War Claims Act of 1928 (45 Stat. 254).
*For statutory citation, see note to g 4.1.
Page 21 MALT BEVERAGES: See Intoxicating Liquors, 27 CFR Parts 4, 5, 7. LABELING OF MEATS, VIRUSES, SERUMS, ETC.: See Animals and Animal
4.3 Determination of qualifications of claimants. For the purposes of the preceding section, (a) the nationality, residence, domicile, or other qualification of claimants under the Trading with the Enemy Act, as amended, shall be that determined by the Attorney General; and' (b) the nationality, residence, domicile, or other qualification of claimants to money or property or the income, issues, profits, or avails thereof, held in the German Special Deposit Account, and in the Austrian and Hungarian Special Deposit Accounts, shall be that determined by the Secretary of the Treasury.* [E.O. 6981, Mar. 2, 1935] JUSTICE DEPARTMENT: See Judicial Administration, 28 CFR Chapter I. KINKAID HOMESTDADS: See Public Lands: Interior, 43 CFR Part 169. KLAMATH TRIBAL LOAN FUND: See Indians, 25 CFR Part 28. LABELING AND ADVERTISING OF WINE, DISTILLED SPIRITS, AND TITLE 29~LABOR
Products, 9 CFR Parts 17, 112.
*For statutory citation, see note to § 4.1.
Subtitle A-Office of the Secretary of Labor....
Chapter 1-U. S. Employment Service, Department of Labor..
21 201 301
Conditions of employment prescribed by the Procurement Division, Department
of the Treasury: See Public Contracts, 41 CFR Part 201. Conditions of employment, wages, hours, etc. prescribed by the Bureau of Public
Roads, Department of Agriculture: See Highways, 23 CFR Parts 5, 20. Immigration regulations relating to alien contract labor and labor from coun
tries granting limited passports: See Aliens and Citizenship, 8 CFR Parts 8, 9. Labor policies of the Federal Emergency Administration of Public Works : See
Public Property and Works, 44 CFR Part 265. Railroad Retirement Board : See Employees' Benefits, 20 CFR Chapter II. Social Security Board : See Employees' Benefits, 20 CFR Chapter III. United States Employees' Compensation Commission: See Employees' Benefits,
20 CFR Chapter I. Works Progress Administration : See Public Welfare, 45 CFR Chapter III.
Subtitle A-Office of the Secretary of Labor PART 1-PROCEDURE FOR THE PREDETERMINATION OF PREVAILING RATES OF WAGES ON PUBLIC BUILDINGS AND PUBLIC WORKS
Sec. 1.1 Reference to Solicitor.
1.12 Place of hearing. 1.2 Rule of decision.
1.13 Notice of hearing. 1.3 Preliminary information.
1.14 Witnesses. 1.4 Appointment of referee.
1.15 Examination of witnesses. 1.5 Appointees, expenses.
1.16 Documentary evidence. 1.6 Survey of projects.
1.17 Motions for continuance. 1.7 The scope of inquiry.
1.18 Further evidence. 1.8 Special standards.
1.19 Argument. 1.9 Union standards.
1.20 Report. 1.10 Sources of information.
1.21 Other regulations. 1.11 Public hearing.
1.22 Effect of determinations. Section 1.1 Reference to Solicitor. Whenever a request by the contracting officer is duly referred to the Secretary of Labor for predetermination of wage rates under the Davis-Bacon law as amended (49 Stat. 1011; 40 U.S.C., Sup., 276a to 276a-6), the Solicitor of Labor in the manner hereinafter provided shall take the necessary steps to obtain evidence upon which the Secretary may make the requisite predeterminations.**
*88 1.1 to 1.22, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22: interpret 49 Stat. 1011; 40 U.S.C., Sup., 276a to 276a-6.
tin 88 1.1 to 1.21, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Regulations 503, Secretary of Labor, Sept. 30, 1935.
1.2 Rule of decision. In making any such predetermination the rate of wages which the Secretary will regard as prevailing shall be
(a) The rate of wages paid in the city, town, village, or other civil division of the State (hereinafter referred to as the locality) in which the work is to be performed, to the majority of those employed in the corresponding classes of laborers or mechanics (hereinafter referred to as the craft) on projects that are similar to the contract work; or
(b) 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 so employed; or
(c) In the event that less than 30 percent of those so employed receive the same rate, then the average rate.**
1.3 Preliminary information. Whenever a case is referred to the Solicitor of Labor he shall
(a) Ascertain whether the Secretary of Labor, the Wage Predetermination Board, or the Board of Labor Review of the Publio Works Administration has made any previous wage determinations in the locality with respect to the crafts for which predetermination is requested;
(b) Ascertain whether the files of the Department contain any data with respect to wage rates in the locality;
(c) Collect and assemble such other pertinent data as may be available;
(d) Whenever such data is sufficient to show the prevailing rate (as previously defined) prepare recommendations and submit them to the Secretary.**
1.4 Appointment of referee. Whenever the Solicitor deems such data insufficient to enable the Secretary to make a determination with respect to all the crafts specified in the request of the contracting officer, he shall, in writing, appoint a referee who shall proceed to the locality of the project and conduct an investigation into the wages paid the crafts, concerning which there is insufficient data, and make a report.**
1.5 Appointees, expenses. (a) The Solicitor may appoint such referee from
(1) Employees of the Department of Labor with the consent of their respective superior officers;
(2) Qualified persons not otherwise employed by the Department of Labor, whose designation has been or may be approved by the Secretary of Labor.
(b) No employee of the United States Government shall receive any extra compensation for services rendered as a referee except that any person sent from Washington on official business shall be entitled to the ordinary allowances for travel and subsistence during the period of his absence from the city. A referee not otherwise employed by the United States shall also be entitled to a salary of not more than $20 per diem.**
1.6 Survey of projects. It shall be the duty of the referee with respect to the crafts within the scope of his assignment, to secure
(a) Copies of written collective wage agreements between contractors and labor organizations (if any) in effect within the preceding year in the locality of the project; Page 2
**For statutory and source citations, see note to $ 1.1. **For statutory and source citations, see note to g 1.1.
(b) A list of all the major projects in the locality upon which the craft or crafts within the scope of his assignment were employed. Such list (to the extent that the information is obtainable) shall show in tabular form (1) the name of the projects covered by the survey or evidence, (2) 'the date when the work began, (3) the date when the work was finished, (4) the name of the general contractor and subcontractor directly concerned, (5) the name of the company, or in the case of public contracts) the unit of government (Federal, State, county, city, etc.) letting the contract, (6) if a Federal contract, the name of the contracting agency and the source of funds (i. e., departmental appropriation, PWA, CWA, etc.), (7) the approximate number of the craft employed, (8) the theoretical wage which these workmen were entitled to receive, and (9) the actual wage which the men did receive if because of rebates, understandings, or other practices there was a departure from the theoretical rate.**
1.7 The scope of inquiry. The referee shall supplement such tabular presentation so far as possible by the affidavits of individual contractors and laborers, but need not include
(a) Projects completed more than 1 year before the date of request for predetermination (unless the number of recent projects is too small accurately to reflect local wage conditions);
ision (b) Projects outside the county or other civil division in which the work is to be performed (unless there has been no construction of similar character in recent years, in which event the report shall cover wage conditions in the nearest large city). The referee, unless otherwise directed, shall also report similar data with respect to classes of laborers and mechanics not listed in his assignment which are customarily employed upon similar projects in the locality.**
1.8 Special standards. In preparing a survey of projects in the form required by $ 1.6 (b) the referee shall make a special notation on the table if the rates hitherto paid have been fixed by
(a) The Secretary of Labor;
(b) The Federal Emergency Administration of Public Works, or some other Federal agency;
(c) State, county, or municipal authority; and in the case of (c) shall, if possible, supplement this notation by including a copy of the local statute, ordinance, or regulation authorizing such rule. He shall not exclude such projects from consideration in making his finding as to the prevailing rate.**
CROSS REFERENCE: For Federal Emergency Administration of Public Works, see 44 CFR Chapter II.
1.9 Union standards. The referee shall also ascertain the local union rate and shall supplement it by
(a) Information citing the date of its adoption, the local in which it is in effect, and the method by which it was fixed; and
(b) Evidence of the proportion of the union and nonunion workers in the particular craft employed in the locality.**