Appeals: If the contracting officer and the con-
tractor cannot agree on the applicable wage
rates and/or classifications, and reasonable
efforts to resolve the difference are un-
successful, the dispute shall be referred to
the Secretary of Labor for final determination,
via appropriate Federal Highway Administration
channels. Appeals should state the question
precisely, be accompanied by the view of the
contractor, and all substantiating data re-
ferred to above, as well as the recommendations
of the contracting officer concerning the local
practice regarding the work covered by the
proposed classification and its reference to
existing classifications as well as the local
practice with regard to the proposed wage rate.
The contracting officer should encourage any
interested unions and contractor associations
to submit their views with regard to the
subject wage rates and/or classifications for
the consideration of the Secretary of Labor.
Appeals from Other Interested Parties:
A basic purpose of the Davis-Bacon Act
and related Acts is to establish a
required minimum wage on public works
contracts reflecting the prevailing
wages in the project area, so as to
eliminate employees' wage rates as an
element of competition for contract
award. Hence, wage determinations
under these Acts tend to reflect the
"status quo" of the construction
trades. Since this is true, it is
apparent that the affected employee
and/or employer are not the only persons
or groups having a proper interest in
determinations issued by contracting
officers with respect to wage decision
classifications or reclassifications.
Among the other parties who, even
though they have no relationship to
the employees or contractors, have a
legitimate interest in the propriety
of decisions affecting wage classifi-
cations, are the local building trades
unions representatives and the local
contractors associations. Accordingly,
contracting officers should afford to
these groups official recognition of
any written objections which they may
submit relative to such decisions. Each
such complaint should be ruled on by
the contracting officer, or his representa-
tive, and forwarded to the Department of
Labor via the Office of Chief Counsel,
Federal Highway Administration.
404-8 Posting Wage Schedule: The minimum wage schedule and all supplements thereto must be kept posted in a prominent place at the site of the work where it is easily accessible to all employees and other interested parties. The minimum wage schedule and the minimum wage poster should be posted at the beginning of the construction and supplements should be added when issued. Form PR-809 is provided free to contractors by Public Roads for this purpose.
405-1 General: The key to the just administration and enforcement of Government contract labor standards requirements is the proper classification of laborers and mechanics according to the work they actually perform, and the nomenclature of the Secretary of Labor's wage decision applicable to the contract. Since construction work generally is performed by recognized craft classifications, practice in the construction industry and labor jurisdiction over the workmen generally determines the proper classification. For example, carpenters have recognized duties and workers performing such duties should be classified as "carpenters." Likewise, the duties of a lineman are well established and workers performing these duties should be designated as "lineman" on the payroll. However, there is no universal system for identifying all construction job classifications. Therefore, it is
possible that a wage rate for workers performing certain duties will be included in the wage determination under nomenclature which differs from that used by the contracting officer in his request for wage determinations. For example, mason tenders, known as such in one area, are known as "hod carriers" in other areas.
405-2 Contract Requirements: The contract labor standards requirements mean that the contractor and each subcontractor
405-2.1 Use only the classifications and nomenclature
listed in the wage determination decision of
the Secretary of Labor and any supplements
or effective modifications thereto (see
Subsection 404-7, "Additional Classifications
and Wage Rates, for action required when it
is determined that the particular contemplated
work to be performed is not defined within
existing Department of Labor wage classifi-
cations and determinations);
Use the classifications which are accurately
descriptive of the duties of the work being
performed;
Reclassify workers to conform to changes in
duties, if any, so as to provide proper
classifications when duties have been changed;
Maintain an accurate record of the time spent
in separate classifications of work.
405-3 Doubtful Classifications: Improper classification
often results in the underpayment of wages, and, of
course, is contrary to the provisions of the contract
and the law. An excellent guide to the proper classifi-
cation and wage rates to be paid is, generally, the use
of the "tools of the trade" by the employee. However, in
instances where doubtful classifications arise which
cannot be resolved by the contracting officer to the
satisfaction of all concerned, the question, together with
all pertinent facts and recommendations of the contractor,
as well as those of the contracting officer, must be
transmitted to the U.S. Department of Labor for a ruling,
via the Office of Chief Counsel.
EMPLOYMENT OF APPRENTICES
406-1 General: Pursuant to the standard contract clause apprentices will be permitted to work only when they are registered individually under a bona fide apprenticeship program registered with a State apprenticeship council which is recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor; or if no such council exists in a State, under a program registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor.
406-2 Wage Rates for Apprentices: The Solicitor of Labor has discontinued the listing of apprentice rates on wage determinations. In lieu of such listing, the contractor shall submit to the State highway department contracting officer written evidence of the established apprenticejourneymen ratios and wage rates in the project area, which will be the basis for establishing such ratios and wage rates for the project under the applicable contract provisions.
406-3 Evidence of Registration: Before using apprentices
on the job, the contractor shall present to the State
highway department contracting officer written evidence
of the registration of such employees in a program of a
State apprenticeship and training agency approved and
recognized by the U.S. Bureau of Apprenticeship and
Training. In the absence of such a State agency, the
contractor shall submit evidence of approval and regis-
tration by the U.S. Bureau of Apprenticeship and
Training. UNLESS THE WRITTEN EVIDENCE DESCRIBED ABOVE
IS IN THE CONTRACTING OFFICER'S POSSESSION, THE
JOURNEYMAN'S WAGE RATE MUST BE PAID FOR THE WORK.
Evidence of Bona Fide Apprenticeship:
of the fact that the contractor or subcontractor
is participating in an approved apprenticeship
training program may be obtained by contacting
the local Bureau of Apprenticeship representative
in the project area. With respect to the
apprentice himself, the contracting officer
shall require the contractor or subcontractor
using the apprentice to submit evidence of
his apprenticeship registration when the
apprentice's name first appers on a submitted
payroll. This evidence can take the form
of a copy of the indenture. Other acceptable
forms of evidence that the apprentice is
duly registered are: The registration
certification or card frequently carried by
the apprentice; contact with the local
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