§ 501.41 Wage determinations under the laws of any State.

In implementing wage determination provisions under the laws of any State which require any wage standards on public works in such State similar to those of the Davis-Bacon Act and of other statutes requiring predetermination of wages in accordance with such Act by the Secretary of Labor, U.S. Department of Labor, the officials responsible for carrying out such provisions of law in such States shall, as required under the provisions of the Act, Cost of Living Council Order No. 16 (38 FR 1489), and this part, exclude from consideration any wage or salary increase described in paragraph (a) or paragraph (b) of 501.40 in making wage determinations under the laws of the State for construction projects, whether or not federally assisted.

Subpart E-Submission of Collective Bargaining Agreement and Disputes § 501.50

Submission of wage and salary

increases.

(a) The parties to a construction industry collective bargaining agreement entered into on or after March 29, 1971, shall submit that agreement together with supporting data, in a format approved by the Committee, to the appropriate Board for review of any proposed wage and salary increase within 15 days after the completion of negotiations.

(b) The parties to a construction industry collective bargaining agreement entered into before March 29, 1971, providing for wage and salary increases to take effect on or after August 15, 1971, shall submit sufficient information for the Committee to determine whether any such increase is unreasonably inconsistent with applicable criteria.

(c) The parties to a collective bargaining agreement referred to in § 501.15(c) shall submit that agreement together with supporting data, in a format approved by the Committee, to the appropriate Board for review of any proposed wage and salary increase within a reasonable time before the scheduled effective date of a deferred increase, or in the case of an agreement entered into on or after January 11, 1973, within 15 days after the completion of negotiations, as appropriate.

(d) If an appropriate Board has not been established to determine whether a

proposed wage and salary increase is approvable in accordance with applicable criteria, the parties to the collective bargaining agreement shall submit such agreement together with supporting data, in a format approved by the Committee, to the affected national or international union and to the affected association of contractors within 15 days after the completion of negotiations. The union and association shall promptly submit the agreement and supporting data to the Committee.

§ 501.51 Unresolved collective bargaining disputes.

(a) Unresolved collective bargaining disputes involving wages and salaries may be submitted to a Board or to the Committee, as appropriate, for advice and assistance in an effort to resolve the dispute. A Board or the Committee, or both, may provide appropriate advice and assistance upon request or upon its own initiative in an effort to resolve any such dispute.

(b) If a work stoppage is in progress or threatened by reason of a collective bargaining dispute involving wages and salaries, a Board or the Committee may, on its own initiative or at the request of the parties, render advice and assistance in an effort to end or avoid such work stoppage. A Board or the Committee may request the parties to meet with the Board, a subcommittee of the CISC, or the entire Committee in Washington, D.C., at no expense to the U.S. Government. If such a meeting in Washington, D.C., would impose an undue burden on one or both of the parties, a Board or the Committee may in its discretion send members or staff to the locality of the actual or threatened work stoppage to meet with the parties.

APPENDIX-POLICIES TO BE APPLIED BY THE CONSTRUCTION INDUSTRY STABILIZATION COMMITTEE

The year 1973 is seen as a transition to a period without formal wage and price controls in the construction industry. The fundamental objective of policy for the 1973 collective bargaining season is to move toward viable long-run arrangements for dispute settlement in each branch of the industry and toward more effective collective bargaining in the public interest.

The period of controls, as envisaged in Executive Order 11588 and Executive Order 11695, should be used to make a major contribution to the resolution of some of the major longer-term problems of the industry

through effective cooperation between labor, contractors and the government. Among the most significant of these long-run problems has been: (a) The need for procedures at the national level to facilitate the settlement of disputes over the terms of local or regional collective bargaining agreements, (b) broadening the geographical structure of negotiations in some localities and for some crafts, (c) development of special wage rates for some branches of the industry, (d) review of some managerial and labor practices and contract provisions in some localities as they affect costs, (e) greater coordination of collective bargaining negotiations among crafts and associations in some localities, and (f) improvement in the quality of information available for collective bargaining among local and national parties.

1. The Committee seeks to achieve a continuing stabilization of the average rate of increases of collective bargaining settlements in 1973 as compared to 1972.

2. The Committee may approve economic adjustments provided for in collective bargaining agreements on a case-by-case basis in the following circumstances:

(a) Where the parties have made a careful review of the economic provisions of their collective bargaining agreement and have provided for an economic trade-off between increases in wage rates or benefits and other provisions of the agreement in view of the impact of the agreement on costs of construction.

(b) A clear showing exists of inequity as measured by the relationship among crafts in a single locality and within the same craft in surrounding localities. Any substantial increase to provide restoration to appropriate intercraft or intercity differentials should be spread over a period of two years or more. The Committee in considering wage relationships among crafts and localities will also give attention to clear evidence of changing historical relationships over the past decade and needs of the future.

(c) The Committee may continue to give consideration to agreements which provide for significant changes in the geographical structure of bargaining, including the development of wage zones under one agreement, where such changes would promote the stabilization of collective bargaining and the effective utilization or manpower and management resources. The Committee may also be concerned with the geographical scope of fringe benefit plans.

(d) The Committee will approve reasonable contributions to pension and health and welfare funds unless they are determined to be unreasonably inconsistent with its standards for wage and salary increases. In determining whether contributions are reasonable the Committee may consider area and industry practice.

(e) The Committee may continue to approve adjustments in agreements with low

wages and fringes taking into account the area and branch of the industry, and in all cases will approve wage increases to a rate of at least $3.50 per hour.

3. No agreement is automatically entitled to an economic adjustment. The structure of wage and benefit rates in the locality and related areas and the consequences for effective stabilization and collective bargaining for the area are to be considered.

4. Attention should continue to be directed to questions of appropriate differentiation of rates by crafts among branches of the industry, such as heavy and highway, housing and commercial work, and local parties and craft boards may be urged to review or consider such differentiation.

5. Deferred increases will continue to be reviewed by the Committee, and those which would cause unstabilizing effects on other negotiations in the industry may be disallowed by the Committee as in the past.

For purposes of this part:

(a) "Act" means the Economic Stabilization Act of 1970, as amended.

(b) "Agreement" or "Collective bargaining agreement” means a collectively bargained agreement which is effective to bind the parties with respect to wages or salaries subject only to such approval as is required by the regulations and procedures in this chapter.

(c) "Board" means each Craft Dispute Board jointly established by national contractor associations and national and international unions under the Act. (See Executive Order Nos. 11588 and 11695.)

(d) "Committee" or "CISC" means the Construction Industry Stabilization Committee. (See Executive Order Nos. 11588 and 11695.)

(e) "Party" or "party at interest"

means:

(1) A bargaining representative of employers who could be required to pay the wages and salaries in question, or in the absence of such bargaining representative, an employer who could be required to pay the wages and salaries in question; or

(2) A bargaining representative of employees who could receive payment of wages and salaries in question.

(f) "Subcommittee" means a subcommittee of the CISC composed of members of the Committee assisted by the staff.

A party at interest may take any action or make any appearance which is required or permitted by this part on his behalf, or he may be represented by any person whom he has designated to represent him. Such designation shall be in writing and signed by the person legally authorized to make such designation and shall be filed with the Board or Committee before which the person is to appear. § 505.4 Filing of documents.

A document required to be filed directly with the Committee under this chapter is considered filed when it has been received at the CISC, Washington, D.C. 20210. Documents received after regular business hours are deemed filed on the next regular business day.

§ 505.5 Computation of time.

(a) In computing any period of time prescribed or allowed by this chapter for the performance of any act, the day of the act, event, or default for which the designated period time begins to run will not be counted.

(b) If the last day of the period falls on a Saturday, Sunday, or a Federal legal holiday, the period will be extended to the next day which is not a Saturday, Sunday, or Federal legal holiday.

(c) If the period prescribed or allowed is seven days or less, an intervening Saturday, Sunday, or Federal legal holiday will not be counted.

§ 505.6 Service.

(a) All documents required to be served under this part shall be served personally, by registered or certified mail, or by regular U.S. mail (this option available only for service by the Committee or a Board).

(b) If a party at interest is represented by a duly authorized representative, sei vice on the representative shall constitute service on the party at interest.

(c) Service by mail is complete upon mailing.

§ 505.7 Extensions of time.

If an action is required to be taken within a prescribed time under this chapter, an extension of time will be granted only upon a showing of good

cause.

§ 505.8 Records of matters submitted.

(a) Matters submitted to Craft Dispute Boards. An index of matters submitted to a Board pursuant to provisions of this chapter will be maintained by the Board. Each case will be assigned a number and records will be kept of all actions taken thereon by the Board.

(b) Matters submitted to the Committee. The Committee will maintain a case docket and appropriate records covering all matters submitted or received for its consideration, including indices of the cases by number and by geographic area. § 505.9

Publication of final actions.

The Committee will make available for public inspection its final approvals and disapprovals.

§ 505.10 Prior regulations and other published matter.

On and after November 29, 1973, the regulations of the Construction Industry Stabilization Committee, issued October 8, 1971 (36 FR 19576), for insertion in Chapter XVIII of Title 29 of the Code of Federal Regulations are superseded by the regulations in this part and in Part 501 of this chapter. A table, attached as an Appendix to this chapter, provides appropriate cross references from 29 CFR Part 2001 to the corresponding provisions in this chapter.

Subpart B-Review of Collective
Bargaining Agreements

(a) A Board will promptly examine every construction industry collective bargaining agreement entered into on or after March 29, 1971, together with the supporting data, and determine, in accordance with the applicable criteria, whether wage and salary increases in the agreement are approvable. The Board will request such additional information as it deems necessary to assist in its determination.

(b) Whenever requested by the Committee in connection with the Committee's review of any wage and salary increase scheduled to take effect on or after August 15, 1971, which is contained

in a construction industry collective bargaining agreement entered into prior to March 29, 1971, a Board will confer with and otherwise assist the Committee in determining whether such increase is unreasonably inconsistent with applicable criteria.

(c) A Board will promptly examine every collective bargaining agreement referred to in § 501.15(c) of this chapter, together with the supporting data, and determine, in accordance with the applicable criteria, whether wage and salary increases in the agreement are approvable. The Board will request such additional information as it deems necessary to assist in its determination.

§ 505.21 Determinations by a Board.

A Board will make a determination within 31 days after receipt of the collective bargaining agreement and supporting data unless a longer period is authorized or approved by the Committee, and will notify the parties and the Committee in writing of the determination.

§ 505.22 Impasses within a Board.

If a Board cannot agree on a determination within the prescribed time, it will forward the matter to the Committee for determination as provided in § 505.23.

§ 505.23 Review of matters forwarded by a Board.

If a Board has determined that wage and salary increases are approvable, or if a Board reaches an impasse with respect to such increases, the Board will file with the Committee the submissions of the parties, the record relating to the proposed wage and salary increases, and a statement setting forth its views. Within 15 days after receipt of the information referred to in the preceding sentence, the Committee will assume jurisdiction over the proposed wages and salary increases. The Committee may require the submission of such additional information as it deems necessary to assist in its review.

(a) Craft Dispute Boards. Determinations with respect to wage and salary increases by a Board shall be unanimous. The labor representatives group and the management representatives group shall each have one vote. Each group will establish its own rules as to how its one vote will be determined. A quorum shall consist of at least one representative from each group.

(b) The Committee. Determinations concerning wage and salary increases shall be made by majority vote of the Committee members present provided they constitute a quorum. A quorum shall consist of at least two public members, two members representative of labor organizations, and two members representative of employers.

§ 505.27 Preliminary determinations by the Committee.

(a) Following preliminary review of an agreement, the Committee may return the negotiated wage and salary increases to the appropriate Board without approval. The Committee may suggest wage and salary increases which appear to be appropriate. The parties will be advised to renegotiate the agreement and submit it to the Committee for approval of the renegotiated wage and salary increases. (b) In order to reduce the impact of retroactive payment of approved wage and salary increases, as a preliminary action, the Committee in its discretion may allow payment of a portion of the proposed wage and salary increase, pending final action of the Committee on the agreement.

(c) The Committee will not review wage and salary increases in a collective bargaining agreement if a work stoppage is in progress that involves wages and salaries contained in that agreement. § 505.28 Resubmissions.

(a) Individual cases may be resubmitted for further review following a preliminary finding by the Committee. Such resubmission may be unilateral and shall be sent to the appropriate Board together with a detailed statement setting forth justification for the proposed wage and salary increase under the applicable criteria of the Committee.

(b) A copy of the resubmission and supporting statement shall be served upon other parties to the collective bargaining agreement.

(c) If a resubmission raises substantial questions of fact, a hearing may be held with the parties.

§ 505.29 Written and oral presentations.

(a) Before the Boards. The parties to a collective bargaining agreement shall have a reasonable opportunity to submit to the Board written data, views or arguments relative to the issues. An opportunity for oral presentation before the Board may be afforded the parties.

(b) Before the Committee or its subcommittees. At the request of the Committee, or at the election of either party to a collective bargaining agreement, a written statement may be filed with the Committee setting forth additional information and arguments to support a party's views. An opportunity for oral presentation may be afforded the parties. If the Committee, on its own initiative, or at the request of the appropriate Board or the parties, hears the parties in person, such hearings may be held by members of the staff, by a subcommittee, or by the entire Committee. Any parties unable or unwilling to appear may submit their views in writing.

(c) Oral presentations. If it appears that an order may be issued which has the effect of reducing wages and salaries in effect or proposed to be put into effect, and if the parties to the agreement have not already been afforded the opportunity for a hearing, the parties will be notified that they may request a hearing within 20 days after the date of the Committee notice. At the discretion of the Committee, a hearing will be held before the Committee, a subcommittee, the Craft Board, or the staff of the Com