§ 602.3 Employment counseling and selective placement services.

Each state agency shall maintain an adequate local office employment counseling service for veterans and other applicants of employable age. Such employment counseling service shall assist the applicant to evaluate his potential abilities in relation to job requirements and employment opportunities. Local employment offices shall provide such special services and utilize such selective placement techniques as may be necessary to assist handicapped veterans and other applicants to secure employment in occupations which are suited to their physical capacities, interest, and abilities. Local offices shall establish and maintain cooperative relationships with other community and State agencies and organizations for the coordination and mutual improvement of vocational adjustment services. In those States where State boards, departments, or agencies exist which are charged with the administration of State laws for the vocational rehabilitation of handicapped persons, the State agency shall make provision for cooperation with such boards, departments, or agencies.

[15 F.R. 5888, Aug. 31, 1950]

§ 602.4 Occupational analysis.

Each State agency shall maintain, through its State administrative office and local offices, an adequate occupational analysis activity concerned with the collection, organization, processing, adapting, or issuing of information about the duties, responsibilities, and performance requirements of jobs and the relationships that exist among jobs to permit effective matching of workers and jobs and to broaden the employment opportunities for applicants and the sources of workers for employers. In connection with this activity, each State agency shall cooperate with the United States Employment Service in the development and use of the occupational analysis and related materials of the United States Employment Service. [18 F. R. 306, Jan. 15, 1953]

§ 602.4a Industrial services.

Each State agency shall maintain, through its State administrative office and local offices, an adequate industrial services activity concerned with assisting employers, labor organizations, and other

organizations in analyzing and evaluating the basic causes of in-plant manpower problems in individual establishments, and giving instruction in the application and/or use of those materials, techniques, and related information developed by or recommended by the United States Employment Service which will aid in resolving these problems. In connection with this activity, each State agency shall cooperate with the United States Employment Service in the use of the occupational analysis and related materials of the United States Employment Service.

[18 F. R. 306, Jan. 15, 1953; 18 F. R. 2819, May 15, 1953]

§ 602.5

Special service for veterans.

Each State agency shall maintain, through its State administrative office and local employment offices, effective placement and counseling services for veterans, to carry out the provisions of the Wagner-Peyser Act and of Title IV of the Servicemen's Readjustment Act of 1944. In connection therewith, each State agency shall carry out the policies as determined by the Secretary of Labor and promulgated through the United States Employment Service. The State veterans' employment representative shall be consulted on all matters affecting veterans' employment activities and shall be invited to attend staff meetings of the senior employment service staff Each State agency shall make available adequate and appropriate space and facilities for the representatives of the Veterans' Employment Service located within the State, and shall assure that State and local employment offices cooperate with field personnel of the Veterans' Employment Service. The State Director shall, after consultation with the State veterans' employment representative, designate one or more employees (preferably veterans) in each local employment office as veterans' employment representatives who shall, under the administrative direction of the local office manager, carry out the services and functions prescribed in section 602 of the Servicemen's Readjustment Act of 1944.

[15 F.R. 5888, Aug. 31, 1950]

§ 602.5a Special service for the handicapped.

Each State agency shall maintain, through its State administrative office and local employment offices effective

services for the promotion and development of employment opportunities for handicapped persons and for job counseling and placement of such persons to carry out the provisions of the Wagner-Peyser Act, as amended. Each State agency shall designate at least one person in the State administrative office and in each local employment office whose duties shall include the effectuation of such purposes.

[20 F. R. 1763, Mar. 24, 1955)

§ 602.6 Labor market information service.

Each State agency shall maintain, through its State administrative office and local employment offices, an effective labor market information service, through which it shall provide for the collection, analysis and public issuance of information on current labor market developments, employment trends and opportunities for employment. [15 F.R. 5888, Aug. 31, 1950]

602.7 Participation in community

programs.

Each State agency, through its State administrative office and local employment offices, shall cooperate with other agencies and organizations concerned with employment problems and shall participate in developing programs for increasing employment opportunities and stabilizing employment. (15 F.R. 5888, Aug. 31, 1950]

$602.8 Agricultural and related industry placement services.

(a) Each State agency, in carrying out the provisions of the Wagner-Peyser Act, shall maintain, through its State administrative office and local employment offices, effective placement services for agricultural and related industry employers and workers, and such services shall include appropriate programs for the intrastate recruitment and transfer of workers and for cooperation with the United States Employment Service in the interstate recruitment and movement of workers.

(b) In carrying out the provisions of paragraph (a) of this section each State agency will compile, maintain, and furnish the Secretary of Labor as requested, and make available to interested individuals, agencies, and the public, current information on prevailing wages paid, wages being offered on orders in the local office, and wages being offered for em

ployment for which orders are not on file in the local office, and information on labor demand and labor supply. The State agency shall publish such information as is necessary in connection with the recruitment of labor for agriculture. [24 F.R. 9367, Nov. 20, 1959; 24 FR. 9809, Dec. 8, 1959]

§ 602.9 Interstate recruitment of agricultural workers.

No order for recruitment of domestic agricultural workers shall be placed into interstate clearance unless there are assurances from the State agency that:

(a) The State agency has established, pursuant to recruitment efforts made in accordance with regulations, policies and procedures of the Bureau of Employment Security (United States Employment Service), that domestic agricultural workers are not available locally or within the State.

(b) The State agency has compiled and examined data on the estimated crop acreage, yield and other production factors in accordance with procedures established by the Bureau of Employment Security (United States Employment Service) to assure the validity of need and the minimum number of agricultural workers required.

(c) The State agency has ascertained that wages offered are not less than the wages prevailing in the area of employment among similarly employed domestic agricultural workers recruited within the State and not less than those prevailing in the area of employment among similarly employed domestic agricultural workers recruited outside the State.

(d) The State agency has ascertained that housing and facilities (1) are available; (2) are hygienic and adequate to the climatic conditions of the area of employment; (3) are reasonably calculated to accommodate available domestic agricultural workers; and (4) conform to the requirements of the applicable State, county or local housing and sanitary codes or, in the absence of such applicable codes, have been determined by the State agency to be such as will not endanger the lives, health or safety of the workers. In making such determinations the State agency shall give full consideration to the applicable recommendations of the President's Committee on Migratory Labor with respect to housing and related facilities.

(e) The State agency has ascertained that the employer has offered to provide

or pay for transportation for domestic agricultural workers (1) at terms not less favorable to the workers than those prevailing among the domestic agricultural workers in the area of employment recruited from the area of supply; or (2) in the absence of such prevailing practice in the area of employment, at terms not less favorable to the workers than those which prevail among the domestic agricultural workers recruited by out-ofState employers who recruit domestic agricultural workers from the area of supply, as determined by the State Agency in the State requested to supply the workers.

(f) The State agency has ascertained that other terms and conditions of employment offered are not less favorable than those prevailing in the area of employment for domestic agricultural workers for similar work.

[24 F.R. 9367, Nov. 20, 1939]

§ 602.10 Certification and use of temporary foreign labor for agricultural and logging industry employment. (a) Any agricultural or logging industry employer with a foreseeable labor shortage remaining after reasonable efforts utilizing all sources of available domestic workers, including the interstate clearance process, may request the appropriate regional office of the Bureau of Employment Security to certify the need for temporary foreign labor. Such requests shall be filed with the appropriate State agency which shall forward the request to the regional office of the Bureau of Employment Security with a detailed report of labor availability, recruitment efforts undertaken, compliance with the criteria set forth in the Regulation and such other information as may be required by the Bureau of Employment Security. Before such certification will be made by the appropriate regional office of the Bureau of Employment Security, it must be shown that:

(1) Reasonable efforts have been made and will continue to be made to obtain domestic workers for the period for which these workers are requested. "Reasonable efforts" will include full use of (1) day-haul operations in accordance with the general practices of other employers in the area, or, in the absence of local day-haul operations, day-haul operations in accordance with the general practices within the State; (ii) other appropriate recruitment efforts; and (iii)

the interstate clearance process for recruitment in areas within a reasonable distance, including use of the Annual Worker Plan, where practical. (In order to recruit workers from out of State, a minimum period of 15 days prior to the date of need will be required by the Labor-supply State agency for positive recruitment. In addition, the offer for local workers must be at the same rate which is specified on the date of need in the clearance order, or a request for foreign workers will be denied.)

(2) Employment of such labor will not adversely affect the wages or working conditions of domestic workers similarly employed.

(b) On and after January 1, 1965, the State agency will not process a request for workers more than 60 days nor less than 30 days prior to the date of need; and such request shall be reviewed by the State agency not more than 15 days prior to the date of need and the State agency will advise the appropriate Bureau of Employment Security Regional Office whether the conditions initially ascertained still prevail.

(c) No certification shall be made for the admission of foreign workers under section 214 of the Immigration and Nationality Act for agricultural or logging employment in the United States unless the following criteria have been followed and adhered to:

(1) Effective January 1, 1965, and through March 31, 1965:

(1) Employment offered to domestic workers must provide for wage payment rates which are no less than the applicable amount listed on Schedule "A" of paragraph (d) of this section for the State in which the work is being performed, except that where the prevailing rate for the crop activity in the area is higher, the higher rate shall be paid. Piece rates shall be designed to produce hourly earnings at least equivalent to the prescribed hourly rates and in no event shall the worker be paid less than the prescribed hourly rate.

(ii) Except as otherwise specifically provided, domestic workers must be offered, as a minimum, all the terms and conditions of employment that are offered to Mexican workers under the Migrant Labor Agreement of 1951, as amended, including a written contract embodying those conditions.

(iii) Family housing must be provided where feasible and necessary.

(2) Effective April 1, 1965:

(i) Employment offered to domestic workers must provide for wage payment rates which are no less than the applicable amount listed on Schedule "B" of paragraph (d) of this section for the State in which the work is being performed, except that where the prevailing rate for the crop activity in the area is higher, the higher rate shall be paid. Piece rates shall be designed to produce hourly earnings at least equivalent to the prescribed hourly rates and in no event shall the worker be paid less than the prescribed hourly rate.

(ii) Except as otherwise specifically provided in this section, domestic workers must be offered, as a minimum, all the terms and conditions of employment that are offered to Mexican workers under the Migrant Labor Agreement of 1951, as amended, including a written contract embodying those conditions.

(iii) Family housing must be provided where feasible and necessary.

(3) Effective January 1, 1965:

(i) Reasonable costs of transportation to and from the place of employment must be borne by the employer.

(ii) No certification shall be made permitting the employment of any foreign worker for a period exceeding 120 days; nor shall any certification be made with respect to any petition of any employer which would result in the employment of foreign workers by such employer for more than 120 days in any calendar year, except in specific cases, when necessary to avoid undue hardship, in accordance with criteria prescribed by the Department of Labor.

(iii) No certification shall be made with respect to the petition of any employer who has been found by the Secretary of Labor or his designated representative to have failed, without good cause, to comply with the work contracts entered into with any domestic or foreign agricultural or logging workers, or who has in his employ or is found to have had in his employ after the effective date of these regulations any foreign worker when such employer knows or has reasonable grounds to believe or suspect or by reasonable inquiry could have ascertained that such foreign worker is not lawfully within the United States; and certifications will be issued only to those employers who comply with the requirements of the foreign Governments involved for the employment of their nationals in the United States.

(iv) When domestic workers become available for jobs in which foreign workers are employed, the domestic workers must be given preference.

(v) No foreign workers shall be assigned to fill any job to which referral of United States workers would be prohibited under regulations or policies of the United States Department of Labor governing the referral of workers to jobs involved in strikes or other labor disputes.

(4) These criteria shall not be applicable to Basque sheepherders.

(5) The criteria set forth in subparagraph (1), subdivision (2) (i) and subdivision 3 (ii) of this § 602.10 (c) shall not apply to employers engaged in logging activities. The minimum wage payment rates to be offered workers in the logging industry shall be the rates prevailing for logging activities or the adverse effect rate as determined by the Secretary of Labor, whichever is higher. The maximum certification period for foreign workers employed in the logging industry shall be six months.

(d) The schedules referred to in paragraph (c) are as follows:

1 Effective February 5, 1965 and for a period of thirty (30) days thereafter, the wage rate in California for date harvesting, dethorning, bagging, trimming, thinning, and pollinating shall be $1.50 per hour.

Effective September 1, 1966, and for 1 year thereafter the wage rate in Florida for pickers in the citrus industry shall be a piece rate designed to produce an average wage of not less than $1.50 per hour in lieu of the $1.15 per hour minimum rate provided above. The average wage shall be computed by dividing the total amount paid by an employer to all of his employees engaged in such picking during each biweekly period by the total number of hours worked by all such employees during such biweekly period. Whenever the average so computed is less than $1.50 the wages paid to each employee so engaged will be supplemented by the percentage required to bring such average up to $1.50. (8 CFR 214.2 (h))

(e) In any case in which the Regional Office of the Bureau of Employment Security determines after examination of all the pertinent facts that the certification referred to in 8 CFR 214.2 (h) (2) (ii) cannot appropriately be issued, it shall promptly so notify the employer or association requesting the certification. Such notification shall contain a statement of the reasons on which the refusal to issue a certification is based.

[29 F.R. 19101, Dec. 30, 1964, as amended at 30 F.R. 1935, Feb. 11, 1965; 30 F.R. 1229212293, Sept. 25, 1965; 31 F.R. 7966, June 4, 1966; 31 F.R. 13466, Oct. 19, 1966]

§ 602.11 Services and facilities.

Each State agency shall provide, in an efficient and effective manner, the public employment services described in §§ 602.2 to 602.10, inclusive, through adequate local employment office facilities. Each State agency shall maintain local employment office facilities of such number, size, and location as may be necessary in view of the population distribution and the industrial and agricultural and related industry employment pattern of the State and of communities within the State.

[18 FR. 306, Jan. 15, 1953; 18 FR. 2819, May 15, 1953]

(b) State director. Each state-wide system of public employment offices shall be under the supervision and direction of a State director (as defined in § 602.1 (d)), who shall devote his full time to employment service activities, except that such State director may also supervise and direct the following unemployment insurance activities: The taking of claims, the making of decisions thereon, and the payment of claims. He may also supervise such other activities as the Director of the United States Employment Service finds, in the light of special circumstances, will not impede the proper and efficient administration of the employment service program.

(c) Local managers. Each local public employment office shall, with respect to all its employment service activities, be under the direction and supervision of a local office manager, who shall be responsible to the State director (as defined in § 602.1 (d)) for the proper and