Page images
PDF
EPUB

mittee. Parties will be required to submit a statement of their position in writing.

§ 505.30

Final actions by the Committee. (a) Final action by the Committee will be reflected by the issuance of an order of approval or disapproval.

(b) The Committee will notify the parties, the appropriate Board, if any, and the Chairman of the Cost of Living Council of its final action.

(c) If the Committee's final action is a disapproval of the proposed wage and salary increase, the order may authorize the parties to pay some portion thereof which is determined to be consistent with the applicable criteria of the Committee. Any such order of disapproval will be issued on the record after opportunity for a hearing, and will be followed by a full explanation of the reasons the negotiated wage and salary increase does not meet the applicable criteria of the Committee.

[blocks in formation]

(a) The Committee will consider appeals of its orders of approval or disapproval on a case-by-case basis. An appeal must be filed within 30 days after issuance of an order of approval or disapproval, together with a detailed statement setting forth justification for the appeal under the applicable criteria of the Committee.

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

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

Subpart C-Petition and Comment on Rule Making

[blocks in formation]

ments warrant a proceeding similar to a rulemaking proceeding as provided in 5 U.S.C. 553, the Committee will conduct such a proceeding pursuant to notice published in the FEDERAL REGISTER. APPENDIX-PROCEDURES OF SUBCOMMITTEES OF THE CISC IN REVIEWING COLLECTIVE BARGAINING AGREEMENTS

(1) In its review of construction industry collective bargaining agreements entered into on or after March 29, 1971, the subcommittee will:

(a) Determine that appropriate wage data with respect to other crafts in the same area and with respect to the same craft in other areas are included in the submission of the case.

(b) Determine the size and timing of increases in wages and salaries provided in the agreement.

(c) Compare the old and new agreements for changes in working conditions, premium pay, travel pay, manning requirements, etc., which would have an economic impact; determine to the extent that information is available the increased or decreased cost of each change and the net effect of these changes on the total cost of the agreement.

(d) Where appropriate, compare the old and new agreements to determine if the grouping of particular job classifications or labor grades has been altered in a manner which would increase or decrease the cost of the agreement.

(e) Examine any additional information submitted by the parties regarding the special circumstances of the industry, and any information explaining the negotiated wages and salaries. Examine the submissions of the parties where appropriate for any additional information relating to productivity and prices, bearing in mind the fact that wages, benefits and conditions are set on a multiemployer, areawide basis, and prices and productivity are often distinctive to a project.

(f) Determine if negotiated contributions to health and welfare and pension funds are reasonable, taking into consideration area and industry practice.

(g) Determine whether historical relationships have existed, in cents per hour or percentage terms, by examination of the 10-year wage data. Compare the proposed wages and salaries to the wages and salaries currently in effect for other crafts in the same area, and for the same craft in other areas, emphasizing historical wage relationships among certain crafts (e.g., among the basic trades, the mechanicals, etc.) or areas.

(h) Examine wage and salary increases (whether or not approved by the Committee) of other crafts in the area, or the same craft in other areas, and the effective rates of such increases; evaluate the size and number of such increases and their effect on historical wage relationships.

(1) Determine if an inequity exists (normally an inequity will exist only if historical

wage relationships with a number of crafts and areas are distorted); if an inequity is identified, evaluate the degree and timing of the wage and salary increases negotiated to correct the inequity.

(1) Devote special attention to the agreements of crafts where wages and salaries are ahead of their historical relationships with other crafts or areas; in such cases increases are expected to be very moderate.

(k) Evaluate the degree to which an agreement will tend to be a stabilizing or destabilizing force in an area and among areas.

(2) In its review of construction industry collective bargaining agreements entered into before March 29, 1971, the subcommittee will examine the negotiated wage and salary increases on the basis of all available information. Emphasis will be placed on the effect of the wage and salary increases in the agreement on other negotiations in the industry.

(3) In its review of collective bargaining agreements referred to in § 501.15(c) of this chapter, the subcommittee will emphasize the relationship to wages and salaries of the same craft in construction.

CHAPTER APPENDIX-CROSS REFERENCE TABLE

The following cross reference table is provided to assist the public in locating appropriate regulatory provisions of the Construction Industry Stabilization Committee carried forward with minor revisions from Title 29, Chapter XVIII of the Code of Federal Regulations into this chapter of Title 6.

[blocks in formation]

APPENDIX A-TEMPORARY EMERGENCY COURT

OF APPEALS OF THE UNITED STATES

EDITORIAL NOTE: Section 211 of the Economic Stabilization Act of 1970, as amended, provided for a “Temporary Emergency Court of Appeals of the United States”. The rules governing the procedures for the Temporary Emergency Court of Appeals of the United States are set forth below, in their entirety, as Appendix A, for the convenience of the user:

TEMPORARY EMERGENCY COURT OF APPEALS OF THE UNITED STATES UNITED STATES COURTHOUSE

[blocks in formation]

10 Court executive, administrator, deputy clerks and supporting personnel.

11 Office hours.

12 Clerk's fees.

13 Orders entered by clerk.

14 Attorneys.

15 Marshal, crier and other officers.

16 Notice of appeal.

17 Docketing the appeal.

18 Record on appeal.

19 Transmission of record-duty of appellant.

20 Reproduction of record, briefs and other written materials filed.

[blocks in formation]
[blocks in formation]

31 Question certified by district court-constitutional issues.

32 Disqualification of judges.

33 Judicial conference of TECA.

[blocks in formation]

Form 1. Notice of Appeal to the Temporary Emergency Court of Appeals from a judgment or order of a district court.

Form 2. Entry of Appearance & Case Information Sheet.

Rule 1 Scope of rules.

These Rules govern the procedure in the Temporary Emergency Court of Appeals of the United States. Except as to matters specifically covered by these Rules, the Federal Rules of Appellate Procedure shall govern the procedure in all cases or proceedings in this court. The Rules shall be construed to secure the just, speedy and inexpensive determination of every action.

[blocks in formation]

The name of the court as provided by § 211 of the Economic Stabilization Act of 1970 as amended by The Economic Stabilization Act Amendments of 1971, P.L. 92– 210, 85 Stat. 748-50, is the "Temporary Emergency Court of Appeals of the United States."

Rule 3 Seal.

The seal of the court shall contain the words "Temporary Emergency Court of Appeals" in the upper sector of space included within the two outer concentric circles, and the words "of the United States of America" in the lower sector, and shall contain the standardized eagle rampant in the center.

Rule 4 Composition of court.

The court shall be composed of a Chief Judge and other judges designated by the Chief Justice of the United States from the judges of the United States district courts and United States courts of appeals in accordance with § 211(b)(1) of P.L. 92-210.

Rule 5 Divisions.

The Chief Judge may, from time to time, divide the court into divisions of three or more members for the hearing and determination of cases, controversies and issues and may make such changes in the membership of such divisions as he may deem appropriate. Sessions shall be held at such places and times as the Chief Judge or presiding judge of a panel may designate. The Chief Judge shall assign cases to the divisions on an equitable basis having due regard for the geographical locations of the parties and the workloads of the divisions and individual judges thereof. Cases, controversies and issues shall be heard and determined by a division unless a hearing or rehearing before the court en banc is ordered by the court.

Rule 6 En banc proceedings.

(a) A majority of the judges of the court may order that an appeal or other proceeding be heard or reheard by this court en banc. Such a hearing or rehearing is not favored and ordinarily will not be ordered except (1) when consideration by the

« PreviousContinue »