and other confidential information. However, the Chairman of the Pay Board, in his discretion, is specifically authorized to divulge or disclose to a complainant, or to an individual with specific knowledge of a complaint, the nature and result of the investigation of said complaint in circumstances where no violation has been found.

[37 F.R. 2479, Feb. 1, 1972, as amended at 37 F.R. 18082, Sept. 7, 1972]

§ 200.21 Index of available material.

Pursuant to the requirements of 5 U.S.C. 552(a) (2), the Board will compile and maintain a current index setting forth in detail the information, records, and other data which will be made available to the public.

Requests for inspection of

§ 200.22 records.

(a) Place, time, etc. Requests for inspection and copying of records may be filed, in person or by mail, with the Director of the Office of Public Affairs, Pay Board, 2000 M Street NW., Washington, DC, between 8:30 a.m. and 5 p.m., Monday through Friday, except holidays.

(b) Forms, identification of information. Such requests shall be made on a specified Pay Board form, and should identify with specificity the documents or other information sought. Copies of that form will be available in the Office of Public Affairs.

of nonavailability.

Any person whose request to sa record has been denied because u ord was not made available for t reason(s) may request a reconsider E of the initial denial. Such recons I tion will be made by the Chair M the Pay Board, and will be based the original request, the denial, a: written argument submitted by the son requesting the review.

§ 200.27 Final determination of a ability.

The decision upon review, as pro for in § 200.26, will be promptly mac writing and transmitted to the pe requesting such reconsideration. E decision is wholly or partly in fave said person, the requested record to extent will be made available for inspe tion. To the extent that the decision. adverse to the request, the reason(s) the denial will be stated. A decision up review as provided herein shall const tute the final action of the Board as the availability of a requested record. § 200.28 Fees.

The Executive Director of the Board will establish such fees and charges for record searching, reproduction, and related expenses incurred with respect t records made available to the public as is deemed reasonable and appropriate. I' the Director, or his designee, determines that a record can be furnished without significant disruption of other business activities (and the record may otherwise be disclosed), he may make it available without charge.

Subpart C-Use of Information AUTHORITY: The provisions of this Subpar C issued under Economic Stabilization Ac of 1970, as amended, Public Law 91-379, 84 Stat. 799; Public Law 91-558, 84 Stat. 1468; Public Law 92-8, 85 Stat. 13; Public Law 92-15, 85 Stat. 38; Economic Stabilization Act Amendments of 1971, Public Law 92-210, 85 Stat. 743; Executive Order No. 11640 (37 F.R. 1213, Jan. 27, 1972), as amended; Cost of Living Council Order No. 3 (36 F.R. 20202, Oct. 16, 1971) and No. 6 (37 F.R. 2727, Feb. 4, 1972); and 26 U.S.C. 7602.

SOURCE: The provisions of this Subpart C appear at 37 F.R. 15516, Aug. 3, 1972, unless otherwise noted.

10.26 Reque of nonavala

subpart sets forth the policies

has been economic stabilization informapersocedures of the Pay Board for the as not maatained from or on behalf of the S may reca for economic stabilization purnitial des by the Internal Revenue Service. 51 Definitions.

be made Board, and

al reques the purpose of this subpart—“Ecostabilization information" in

gument s

ng the rese inal detera

The amount or source of any inprofits, losses, or expenditures of ›erson, firm, partnership, corporaupoor association obtained in connecwill be with economic stabilization matters; ransming Any schedule, list, written statehress, or other written document filed by ly or a behalf of any person with the Pay requested, any body under its jurisdiction, ade anne Internal Revenue Service, in conent the ion with economic stabilization matquest; and

e stated) All other reports, oral or written ed here ɔrmation, factual data, documents, ion of pers, abstracts, memoranda, or evia requerice taken, or any part thereof, relat

to any person and held by the Pay ard, any body under its jurisdiction, Director: the Internal Revenue Service, in confees and ction with economic stabilization mateproducts. "Person" has the meaning given by Trediction 7701(a)(1) of the Internal Reveple to the Code of 1954 (68 Stat. 911; 26 U.S.C. 701(a) (1)). and app

esignee 200.52 Use of economic stabilization

furnishe

information.

201.74 Incentive compensation plans (other than stock options).

201.75 Incentive compensation practices (other than stock options). Stock options.

201.76

201.77

Sales, commission, and production incentive plans or practices.

New or revised plans or practices.

201.78

201.79 New organizations.

Subpart E-Nonunion Construction

201.81 Scope.

201.82 201.83

Definitions.

Excluded nonunion construction employees.

201.84 Included nonunion

201.85

employees.

Computational rules.

201.86 Reporting requirements.

construction

Subpart F-State and Local Governments

Definitions.

Purpose and scope.

201.91

Scope.

201.2

Extent to which the regulations

201.92

under this chapter supersede or affect prior regulations and other

published matter.

201.95

Qualified public employee benefit plans.

Appendix A-Policies Governing Pay Adjustments Adopted by the Pay Board November 8, 1971.

Appendix B-[Reserved]
Appendix C-[Reserved]
Appendix D-[Reserved]

AUTHORITY: The provisions of this Part 201 issued under Economic Stabilization Act of 1970, as amended (Public Law 91-379, 84 Stat. 799; Public Law 91-558, 84 Stat. 1468; Public Law 92-8, 85 Stat. 13; Public Law 92-15, Stat. 39), Executive Order No. 11627 (36 F.R. 20139, Oct. 16, 1971), and Cost of Living Council Order No. 3 (36 F.R. 20202, Oct. 16, 1971), unless otherwise noted.

SOURCE: The provisions of this Part 201 appear at 36 F.R. 21791, Nov. 13, 1971, unless otherwise noted.

The purpose of these regulations is to establish rules and standards to stablize wages and salaries, as defined in § 201.3, in accordance with the provisions of Executive Order No. 11627 (3 CFR, 1971 Comp., p. 218), as amended, and Executive Order No. 11640 (37 F.R. 1213, January 27, 1972), as amended. Moreover, the purpose of these regulations is to provide guidance and procedures for an orderly transition from the 90-day general freeze imposed by Executive Order No. 11615 (3 CFR, 1971 Comp. p. 199), as amended. All persons are required by law to comply, and are expected to do so voluntarily, with the provisions of the Economic Stabilization Act of 1970, as amended, and all Executive Orders, regulations, circulars, and orders issued thereunder. These regulations shall be construed in a manner consistent with the policies of the Act, and every person subject to the provisions of these regulations shall be required to interpret and apply such provisions in good faith to carry out such policies. The policies governing pay adjustments, adopted by the Pay Board on November 8, 1971, are attached as an appendix to this part.

[37 F.R. 7616, Apr. 18, 1972]

As used in this part, unless the context indicates otherwise, the term:

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

"Appropriate employee unit" includes a group composed of all employees in a bargaining unit or in a recognized employee category. Such bargaining unit or employee category may exist in a plant or other establishment or in a department thereof, or in a company, or in an industry, or in a governmental unit or in an agency or instrumentality thereof, and shall be determined so as to preserve, as nearly as possible, contractual or historical wage and salary relationships.

"Base date" means, with respect to an appropriate employee unit, the day prior to the first day of a control year.

"Base payroll period" means, with respect to an appropriate employee unit, the most recent payroll period which ends on or before the base date, or, if such payroll period is not representative because of seasonal variations or for other valid reasons, the most recent payroll period prior to the base date which, under all the facts and circumstances, fairly represents the base year. A payroll period may be a week, 2 weeks, month, or other accepted time period, in accordance with demonstrated practices.

"Base year" means, with respect to an appropriate employee unit, the 12month period ending on the base date.

"Chargeable increases" means those increases or adjustments in the average straight-time hourly rate or average hourly benefit rate which are included in the amount used to determine whether the maximum permissible annual aggregate wage and salary increase has been exceeded with respect to an appropriate employee unit.

"Code" means the Internal Revenue Code of 1954, as amended.

"Control year" means, with respect to an appropriate employee unit, the period

2

time determined pursuant to § 201.53. Employment contract" includes, but not limited to, collective bargaining reements and individual contracts of ployment.

"Maximum permissible annual aggrete wage and salary increase" means, ith respect to an appropriate employee hit during any control year, the limitaon on increases in the base compensaon rate. This limitation is the general age and salary standard described in 201.10 or, if appropriate, any exception nereto pursuant to § 201.11, including ny decision of the Pay Board relating to uch unit pursuant to paragraph (d) of uch section.

"Party at interest" means:

(1) A bargaining representative of mployers who could be required to pay he wages and salaries in question, or in he absence of such bargaining repreentative, 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, or in the Cabsence of such bargaining representative, an employee who could receive payment of wages and salaries in question.

"Person" includes any individual, es=tate, trust, sole proprietorship, partnership, association, company, joint venture, corporation, fiduciary, labor organization, State or local governmental unit or instrumentality of such governmental unit, or a charitable, educational, or other such institution; however, the term does not include a foreign or domestic corporation in a foreign country, te or an organization that includes within its membership foreign governments or A instrumentalities thereof, or a foreign government, or an instrumentality thereof, except to the extent that such ces instrumentality is doing business in the United States.

the “Tandem relationship” means, for purposes of § 201.13 (f), a well-established and consistently maintained practice whereby the precise timing, amount, and A nature of general increases in wages and no salaries of a given appropriate employee The unit have so followed those of another such unit of employees of the same employer or of other employers within a commonly recognized industry (such as a Standard Industrial Classification twodigit category) that a general increase, in the normal operation of the practice, would have been put into effect and have

been applicable to work performed on or before November 13, 1971, but for the operation of the freeze.

"Wages and salaries" include all forms of direct and indirect remuneration or inducement to employees by their employers for personal services, which are reasonably subject to valuation, including but not limited to: Vacation and holiday payments; bonuses; layoff and severance pay plans; supplemental unemployment benefits; night shift, overtime, and incentive pay; employer contributions for insurance plans (but not including public plans, e.g. old-age, survivors, health, and disability insurance under the Social Security system, Railroad Retirement Acts, Federal Insurance Contributions Acts, Federal Unemployment Tax Acts and Civil Service Retirement Acts); savings, pension, profit sharing, annuity funds, and other deferred compensation and welfare benefits; payments in kind; job prerequisites; housing allowances; uniform and other work clothing allowances (but not including employer-required uniforms and work clothing whether or not for safety purposes); cost-of-living allowances; commision rates, stock options, and other fringe benefits; and benefits which result in more pay per hour or other unit of work or production (e.g. by shortening the workday without a proportionate decrease in pay).

[36 F.R. 21791, Nov. 13, 1971, as amended at 36 F.R. 25428, Dec. 31, 1971; 37 F.R. 7616, Apr. 18, 1972; 37 F.R. 14274, July 18, 1972]

Subpart B-Pay Stabilization

§ 201.10 General wage and salary standard.

Effective on and after November 14, 1971, the general wage and salary standard (hereinafter referred to as the "standard") is established as 5.5 percent. The standard shall apply to any wage and salary increase payable with respect to an appropriate employee unit pursuant to an employment contract entered into or modified on or after November 14, 1971, or to a pay practice established, modified or administered with discretion on or after November 14, 1971. Except as otherwise provided in the Regulations under this title or by decision of the Pay Board, the standard shall be used to compute the maximum permissible annual aggregate wage and salary increase. The appropriateness of the standard will be reviewed periodically by the Pay Board to insure that it is generally fair

and equitable, that it calls for generally comparable sacrifice by business and labor as well as other segments of the economy and that it takes into account such factors as changes in productivity and the cost of living as well as other factors consistent with the purposes of the Act.

[86 F.R. 25428, Dec. 31, 1971]

§ 201.11 Criteria for exceptions.

(a) In general. Subject to the provisions in paragraph (c) of this section, on and after November 14, 1971, wage and salary increases in excess of the standard shall be permitted pursuant to the following criteria for exceptions

(1) Tandem relationships. (i) If a party at interest demonstrates to the Pay Board (or its delegate) that—

(a) the wage and salary increase in the employment contract or pay practice to which a tandem relationship is claimed is in excess of the standard;

(b) such contract or pay practice became effective not more than 6 months prior to the proposed effective date of the wage and salary increase in the tandemclaiming unit;

(c) the amount and nature of the wage and salary increases in the tandem-claiming unit have been generally equal in value to and the timing has been directly related to those of another unit of employees of the same employer or of other employers within a commonly recognized industry or local labor market area; and

(d) the tandem relationship has been established as a past pactice for 5 consecutive years or in the immediately preceding two consecutive collective bargaining agreements.

(ii) The maximum permissible annual aggregate wage and salary increase pursuant to this subparagraph shall not exceed 7 percent.

(ii) The provisions of this subparagraph shall be subject to periodic review by the Board.

(2) Essential employees. (i) If an employer demonstrates to the Pay Board (or its delegate) that—

(a) wage and salary increases exceeding the standard are necessary to attract or retain employees essential to the efficient operation of the employer;

(b) he has experienced a significant proportion of vacancies in an appropriate employee unit, despite intensive recruiting activity over a period of at least 3 months;

(c) there has been no significant det terioration or reduction in other comp tions of employment; and

(d) there is a reasonable expectati that a wage and salary increase will be effective in recruiting or maintaining supply of qualified employees.

(ii) The maximum permissible ann aggregate wage and salary increase pr suant to this subparagraph shall not ceed 7 percent.

(3) Catchup increases. Subject to the provisions of this subparagraph, th maximum permissible annual aggregat wage and salary increase with respe: to an appropriate employee unit shall n exceed 7 percent for the control year 1: which such exception is claimed. Excep as provided in subdivision (iii) (c) * this subparagraph, this exception may be claimed only for catchup increases pursuant to a successor employment contract entered into or a pay practice established prior to November 14, 1972.

(1) Employment contracts. If the sum of the annual percentage of increases computed pursuant to subdivision (iv) of this subparagraph with respect to & prior succeeded employment contract, is less than the sum of a percentage increase of 7 percent per year for each year of such prior succeeded contract, the difference between such two sums may be added to 5.5 percent to determine the maximum permissible annual aggregate wage and salary increase for the appropriate control year under the successor contract.

(ii) Pay practices. If the sum of the annual percentage of increases, computed pursuant to subdivision (iv) of this subparagraph with respect to a pay practice, is less, in the preceding 3 years, than the sum of a percentage increase of 7 percent per year for each of such preceding 3 years, the difference between such two sums may be added to 5.5 per cent to determine the maximum permissible annual aggregate wage and salary increase for the appropriat control year under a pay practice.

(iii) Special rules—(a) Limitation. Except as provided in (b) of subparagraph (3) (iii), of this paragraph, the exceptions provided in subdivisions (i) and (ii) of this subparagraph may be claimed with respect to the appropriate control year under a successor employment contract that succeeds a contract expiring on or after July 1, 1972, or under a pay practice established on or after July 1, 1972, only if the average straight