(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.

2 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 F.R. 306, Jan. 15, 1953; 18 F.R. 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

efficient administration of the employment service activities performed in such local office and who may, in addition, be responsible for other designated activities which are closely related to and will not impede the proper and efficient administration of, the employment service activities of a local employment office. These activities may include the supervision and direction of unemployment insurance activities relating to claims for benefits, such as the taking of claims, the making of decisions thereon, and the payment of claims, performed in such local offices.

(d) Maintenance of employment service activities in local offices. Under emergency circumstances, and giving due regard to the proper and efficient performance of employment service activities, personnel required for the performance of local office employment service functions may assist in the performance of unemployment insurance activities described in paragraphs (b) and (c) of this section for limited periods of time. Under emergency circumstances and for limited periods of time, the services of unemployment insurance personnel in local offices may be accepted to assist in the performance of local office employment service activities. Notwithstanding any of the provisions of this paragraph to the contrary, clerical services may be used interchangeably between the employment service and unemployment insurance activities.

ment offices as a part of the Nation-wide system of public employment offices. [15 F.R. 5888, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951, as amended at 18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953; 25 F.R. 9046, Sept. 21, 1960]

§ 602.13

Arrangements between United States Employment Service and related Federal agencies.

The Director of the United States Employment Service is authorized to enter into appropriate arrangements with other Federal agencies for the coordination of activities and the exchange of services which relate to the purposes and program of the Federal-State cooperative national system of public employment offices provided for in this chapter. Each State agency shall comply with and carry out such arrangements.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.14 Manual of instructions.

The Director of the United States Employment Service shall provide the States with a comprehensive guide on all matters pertinent to the Federal-State cooperative program for the maintenance of a national system of public employment offices, to be included in the Employment Security Manual.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.15 Personnel administration.

Each State shall maintain, with respect to personnel employed in the State system of public employment offices, a merit system of personnel administration which complies with the Bureau of Employment Security "Standards for Merit System of Personnel Administration."

a

Each State agency shall:

(a) Assure that all information contained in the records of the State employment service and secured from workers, employers or other persons or groups as an incident to the State public employment service program, is used solely for the purpose of administering the State system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the Director of the United States Employment Service to assure that such disclosures will not impede the operation of or be inconsistent with the purposes of the public employment service program.

(b) With respect to the receipt, storage, custody, dissemination and transmission of materials classified for national security purposes, comply with such procedures and instructions as may be promulgated by the Secretary of Labor or by such other officials of the Department of Labor as he may designate.

[16 F.R. 5316, June 6, 1951. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.19 Reports and studies.

Each State agency shall file with the United States Employment Service and keep current such information and reports on local labor market conditions and the State agency's operations, activities, workload and expenditures as the Director of the United States Employment Service may from time to time require to carry out the provisions of the Wagner-Peyser Act, and in connection therewith, shall maintain the procedures and programs and carry out the instructions set forth in Part III of the Employment Security Manual and such other instructions as the Director of the United States Employment Service may from time to time approve. Each State agency shall cooperate in the making of such studies, surveys and investigations by the Director of the United States

Employment Service or his representatives, and in the carrying out of such studies, procedures and programs, as the Director of the United States Employment Service from time to time finds necessary to carry out the WagnerPeyser Act.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.20

State plans of operation.

Each State desiring to receive the benefits of the Wagner-Peyser Act shall submit detailed plans for carrying out the provisions of the act in accordance with the instructions to State agencies for preparation and submittal of State plans of operation under the Wagner-Peyser Act prescribed by the Secretary of Labor (or by the official to whom he has delegated authority to issue such instructions) and contained in Part I of the Employment Security Manual. If such plans are found in compliance with this section, they shall be approved and due notice thereof shall be communicated to the State agency.

[18 F. R. 306, Jan. 15, 1953; 18 F. R. 2819, May 15, 1953. Redesignated at 16 F.R. 9142. Sept. 8, 1951]

§ 602.21 Delegation of authority.

The Director of the Bureau of Employment Security is hereby authorized except as otherwise provided in Parts 602 and 605 of this chapter, to issue any standard or instruction or to take any other action provided for in such parts, and to delegate further any authority so delegated to him.

[18 F. R. 306, Jan. 15, 1953; 18 F. R. 2819, May 15, 1953. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

Grants to States under the act of June 6, 1933 (48 Stat. 113), as amended, shall be in such amounts and shall be available for expenditure for such purposes as are determined to be necessary for the proper and efficient administration of the statewide system of public employment offices as part of the national public employment office system, in accordance with the provisions of the Wagner-Peyser Act, and such instructions as may be issued from time to time thereunder.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 603.1

Letter of transmittal.

All materials submitted to the Bureau by the State agency as part of its plan of operation-whether in the form of an original submittal or an amendmentshould be accompanied by a letter of transmittal, prepared in accordance with the following provisions:

(a) Request for approval. The letter of transmittal should state that the accompanying statements and attachments are submitted as a plan of operation (or as amendments to a plan of operation) pursuant to the provisions of the Wagner-Peyser Act, as amended. The Director of the Bureau of Employment Security should be requested to approve the plan (or the amendments) as submitted.

(b) List of documents. The letter of transmittal should list each section of the plan being transmitted and the document being submitted thereunder.

(c) Submittal of the plan and amendments. (1) The original should state that the plan is submitted as a continuing plan; should designate the effective date; and should certify that the plan will be kept current by the submittal for incorporation in the plan of necessary amendatory materials.

(2) A similar letter of transmittal should accompany each amendment to the plan. The letter should request that the proposed amendments be incorporated in the plan, and should, if they are to be substituted for other provisions previously submitted and accepted, request that the substitution be made.

Any newly adopted legal material and any rescission or amendment of legal material previously incorporated in the plan should be submitted currently for approval as a part of the plan. Each new item of legal material should be accompanied by a statement identifying the previously incorporated legal material-including the page and section of the plan where it occurs-which the new legal material amends or renders obsolete.

(a) Opinion of State Attorney General. The legal material must include an opinion of the State Attorney General or other appropriate State official stating that the State statutes authorize the State agency to submit the plan and administer the State Employment Service, in accordance with the Act of June 6, 1933 (48 Stat. 133), as amended, and Title IV of the Servicemen's Readjustment Act of 1944 as amended.

(b) Legislative and executive promulgations. Legislative and executive promulgations submitted as a part of the plan should include constitutional and statutory provisions, proclamations, executive orders, rules and regulations, and any other materials which constitute or determine the legal basis for the plan, or any materials having the force or effect of law and affecting in any respect the operation of the State Employment Service (other than those affecting only fiscal management or personnel administration). This material must include the State statute accepting the WagnerPeyser Act and creating the State agency to administer the Statewide system of public employment offices in cooperation with the United States Employment Service. The material should also include legislation creating the department or agency of State government in which the State public employment office system is located. Organization and en