Bacon Act, as amended, and several other similar statutes. The time element is of vital importance in this work. Extended delays in collecting and evaluating the factual basis essential to the processing of these wage determinations, after being requested by the Federal procurement agencies, could result in holding up invitations to bid on construction projects of vital importance to the country. Forced absorption of the mandatory cost items in 1958 will tend to increase the overall time required to process a wage-determination request. Activity 4. Legislative advisory services The House action reduced this activity by $9,092 (1 position) under the 1958 estimate. This will result in a reduction by this amount in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items cover contributions to the civil service retirement fund and the departmental working capital fund. If the action of the House is sustained, the forced absorption of these mandatory cost items would have a deterring effect on the multitude of important legislative and other legal advisory services performed in this activity for all the constituent bureaus and top policymaking officers of the Department. Activity 5. Enforcement of regulatory labor laws (regional offices) The House action reduced this activity by $91,963 (17 positions). This includes disallowance of the requested program increase of $14,010 and $77,953 reduction in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items, in addition to a fund transfer from the Mexican farm labor program appropriation, covers contributions to the civil service retirement fund and the departmental working capital fund. The House allowed an increase of $16,000 for the purpose of placing the supplemental funds provided in the current year, by transfer from the highway trust fund, on an annual basis in 1958. The effect of the House action, if sustained, will mean a reduction below the 1957 base in the work being performed by the regional offices. This work is concerned primarily with enforcement actions in administrative proceedings and in the Federal district courts in support of the principal Federal wage, hour, and child labor laws-the Fair Labor Standards and the Public Contracts Act; and with the preparation of advisory opinions and the rendering of day-to-day legal advice on questions arising under the statutes and Executive orders administered by the Department. The proposed program increase of $14,010 (2 additional attorney positions) which the House disallowed was related to the Mexican farm labor program. There has been a progressive increase in the legal problems created by the Mexican farm labor program not only in interpretation and construction of the migrant labor agreement and the standard work contract but also because of the increased number of compliance cases arising under the program. Since in many of these compliance cases, there is a potential financial liability against the United States, it is highly important that these cases receive careful legal service before any joint determination is made. Involved also is the need for meetings and discussions with Mexican consuls, employers, administrative officials, representatives of labor unions, and other parties with respect to the operation of the program. Activity 6. Executive direction and management services The House action reduced this activity by $10,253 (1 position) under the 1958 estimate. This will result in a reduction by this amount in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items cover contributions to the civil-service retirement fund and the departmental working capital fund. The House action, if sustained, will primarily affect and reduce the supporting services performed by the management services portion of the activity. SALARIES AND EXPENSES, OFFICE OF THE SOLICITOR, LABOR Comparative transfer from "Salaries and expenses, Office of the Secretary of Comparative transfer from "Salaries and expenses, Mexican farm labor pro- Total available. Obligations by activities Senator HILL. Do you have any further questions, Senator Thye? Senator THYE. No, sir; I have not. Senator HILL. Do you have any other questions, Senator Pastore? Senator PASTORE. No, Mr. Chairman. Senator HILL. Senator Potter? FEDERAL-AID HIGHWAY ACT OF 1956 Senator POTTER. Yes. I would like to go back again to the $365,000 to enforce the BaconDavis Act provisions under the Federal Highway Act. You have a Bacon Act, as amended, and several other similar statutes. The time element is of vital importance in this work. Extended delays in collecting and evaluating the factual basis essential to the processing of these wage determinations, after being requested by the Federal procurement agencies, could result in holding up invitations to bid on construction projects of vital importance to the country. Forced absorption of the mandatory cost items in 1958 will tend to increase the overall time required to process a wage-determination request. Activity 4. Legislative advisory services The House action reduced this activity by $9,092 (1 position) under the 1958 estimate. This will result in a reduction by this amount in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items cover contributions to the civil service retirement fund and the departmental working capital fund. If the action of the House is sustained, the forced absorption of these mandatory cost items would have a deterring effect on the multitude of important legislative and other legal advisory services performed in this activity for all the constituent bureaus and top policymaking officers of the Department. Activity 5. Enforcement of regulatory labor laws (regional offices) The House action reduced this activity by $91,963 (17 positions). This includes disallowance of the requested program increase of $14,010 and $77,953 reduction in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items, in addition to a fund transfer from the Mexican farm labor program appropriation, covers contributions to the civil service retirement fund and the departmental working capital fund. The House allowed an increase of $16,000 for the purpose of placing the supplemental funds provided in the current year, by transfer from the highway trust fund, on an annual basis in 1958. The effect of the House action, if sustained, will mean a reduction below the 1957 base in the work being performed by the regional offices. This work is concerned primarily with enforcement actions in administrative proceedings and in the Federal district courts in support of the principal Federal wage, hour, and child labor laws-the Fair Labor Standards and the Public Contracts Act; and with the preparation of advisory opinions and the rendering of day-to-day legal advice on questions arising under the statutes and Executive orders administered by the Department. The proposed program increase of $14,010 (2 additional attorney positions) which the House disallowed was related to the Mexican farm labor program. There has been a progressive increase in the legal problems created by the Mexican farm labor program not only in interpretation and construction of the migrant labor agreement and the standard work contract but also because of the increased number of compliance cases arising under the program. Since in many of these compliance cases, there is a potential financial liability against the United States, it is highly important that these cases receive careful legal service before any joint determination is made. Involved also is the need for meetings and discussions with Mexican consuls, employers, administrative officials, representatives of labor unions, and other parties with respect to the operation of the program. Activity 6. Executive direction and management services The House action reduced this activity by $10,253 (1 position) under the 1958 estimate. This will result in a reduction by this amount in operations below the 1957 base because of transferred and mandatory cost items which must be met in 1958. These items cover contributions to the civil-service retirement fund and the departmental working capital fund. The House action, if sustained, will primarily affect and reduce the supporting services performed by the management services portion of the activity. SALARIES AND EXPENSES, OFFICE OF THE SOLICITOR, LABOR Appropriation or estimate. Transfer from highway trust fund. Comparative transfer from "Salaries and expenses, Office of the Secretary of Comparative transfer from "Salaries and expenses, Mexican farm labor pro- Total available.... Senator HILL. Do you have any further questions, Senator Thye? Senator THYE. No, sir; I have not. Senator HILL. Do you have any other questions, Senator Pastore? Senator PASTORE. No, Mr. Chairman. Senator HILL. Senator Potter? FEDERAL-AID HIGHWAY ACT OF 1956 Senator POTTER. Yes. I would like to go back again to the $365,000 to enforce the BaconDavis Act provisions under the Federal Highway Act. You have a division within the Department of Labor, whose specific duty it is to enforce the Bacon-Davis provisions; is that correct, sir? Mr. ROTHMAN. Yes, Senator. Senator POTTER. How many employees do you have in that division at the present time? Mr. ROTHMAN. There are 73 employees. Senator POTTER. How many are there in the Washington office and how many in the field? Mr. ROTHMAN. The 73 are all in Washington. WAGE DETERMINATION FUNCTION We have, in connection with the wage-determination function for the Interstate Highway System, decentralized a part of the responsibility to the regional offices because the Federal-Aid Highway Act requires the Secretary of Labor to consult with the State highway departments in connection with the determinations that are made. We thought that the best way to discharge the responsibility of consulting, is to get the people involved as close together as possible. So we are using our regional offices, and there are 24 such positions in the field. Senator POTTER. Are there 24 such positions in the field that are not filled at the present time, or are they filled at the present time? Mr. ROTHMAN. Some are filled and some are not yet filled. Senator POTTER. With this $365,000, how many additional employees would that mean in enforcing the Bacon-Davis provisions? Mr. ROTHMAN. The $365,000 is for the purpose of placing the $300,000 appropriation on an annual basis but would not call for an increase in the authorized strength. Senator POTTER. Did you say it would not? Mr. ROTHMAN. That is right. Senator POTTER. In other words, you have the employees at the present time to enforce the Bacon-Davis provisions? Mr. ROTHMAN. We have not filled every one of the authorized positions. And the reason for that is that the number of project awards that was to be made last year did not come up to the estimate and it was just a matter of prudent financial accountability and budgeting that we did not fill all of the positions last year. But we are prepared to do so, and we expect the caseload to come up to the estimate this coming year so that we will need all of these positions. COMPLAINTS OF VIOLATIONS Senator POTTER. How many complaints did you have last year of violation of the Bacon-Davis provisions? Mr. ROTHMAN. If we are talking about complaints with respect to violations of the Bacon-Davis provisions generally, we have a present caseload of some 692 complaints of violations, which is the highest in the history of the act and exceeds the caseload in the year 1953 which was 152 cases, by the amount of 539. Senator THYE. Mr. Chairman, I wonder if Senator Potter would yield. I would like to get information as to where most of these complaints are coming from, geographically. Senator POTTER. I would first like to find out how many of those were from the highway program and how many were from other Bacon-Davis provisions. |