1. Where the contractor considers that the agreement of a regular or predecessor contractor is not the result of negotiations on market conditions, he shall contact the Agency`s employment adviser in order to take appropriate measures. (e) (1) 41 U.S.C. 6707 (c) does not apply if the Secretary of Labor (i) determines, after a hearing, that wages and benefits in the predecessor contractor`s collective agreement differ materially from those for services of a similar nature in the region, or (ii) that wages and benefits in the predecessor contractor`s collective agreement are not the result of negotiations on market conditions (see 22.1013 and 22.1021). The Ministry of Labour (DOL) has concluded that conditional collective bargaining provisions that aim to limit a contractor`s obligations by means such as the publication of a wage determination by the DOL, the inclusion of wage fixing in the contract, or the government`s obligation to adequately compensate the contractor generally reflect a lack of bargaining on market conditions. a) At the beginning of the acquisition cycle, the Contractor shall determine whether 41 U.S.C. 6707(c) will affect the new acquisition. The contractor determines whether there is a previous contract covered by the Act respecting labour standards of the service contract and, if so, whether the incumbent prime contractor or its subcontractors and one of their employees have a collective agreement. ”After all, there are political reasons for these principles.
Arbitration is not only a preferred policy in labour disputes, but also, in order to keep something different in a wage and hourly dispute, the parties should anticipate each possible permutation and the resulting point of contention, and then include it in the agreement to obtain the necessary specificity that would ensure resolution through the claims and arbitration provisions of the agreement. The agreement concerns overtime compensation, the plaintiff`s action raises an issue of overtime pay and it is irrelevant that the agreement does not specify the ten-minute period at issue in this case. Therefore, the provisions of the Agreement on Complaints and Arbitration govern the settlement of the dispute. ”(d) compensation standards (29 CFR Part 4, Subdivision D); (b) the refurbishment does not include the repair of damaged or broken equipment that does not require complete demolition, overhaul and conversion in accordance with paragraphs (a) (1) and (a)(2) of this subsection, or the regular and regular maintenance, maintenance, adjustment, maintenance or maintenance of the equipment in order to keep it in a usable condition, maintainable and functional; These contracts are usually invoiced on an hourly basis (work plus materials and parts). Any contract that is primarily intended for this type of work is subject to the Labour Standards Statute for the service contract. Examples of such work include: (b) the paragraphs of this subsection 22.10 dealing with this legal requirement, and the Ministry of Labour regulations are 22.1010 regarding the notification of procurement dates to contractors and negotiators; 22.1012-2, which explains when a collective agreement is not applicable due to late receipt by the contract agent; and 22.1013 and 22.1021, which explain when the application of a collective agreement may be challenged because of a deviation from the applicable rates or the absence of arm`s length negotiations. ”The regulation on overtime in the State Law on Wages and Working Time and the contractual dispute. State law requires an employer to provide overtime pay in the manner prescribed by the RSA. this is not the case with the collective agreement. State law requires overtime pay for ”hours worked” of more than 40 hours; The collective agreement provides for overtime pay for ”hours of active pay” of more than 40 hours. In the event of a dispute, the collective agreement prevails. (a) the contract agent should determine whether the service staff of the incumbent prime contractor or its subcontractors performing the current contract are represented by a party to a collective agreement; If there is a party to collective bargaining, the contract agent must notify in writing the incumbent contractor and the collective bargaining partner of its employees: Contractors who enter into service contracts valued at more than $2,500, to which the collective agreement of a predecessor contractor applies, will pay their employees at least the wages and benefits deemed predominant in the region by the Ministry of Labour, or, in the absence of wage fixing, the minimum wage set out in the Fair Labour Standards Act.
Please note your collective agreement if you are a represented employee. (2) If the determination of wages contains significant errors or omissions. Where one of points (b)(1) or (b)(2) of this Section is obvious, the contract staff member shall contact the Agency`s employment adviser to take appropriate action. (a) Inform the contractor as soon as possible after the contract has been awarded of the labour standards requirements of the contract with respect to the status of the service contract relating to labour standards and the contractor`s responsibilities under those requirements, unless it is clear that the contractor is fully informed. It is known that the Federal Fair Labour Standards Act (RSA) takes precedence over any provision to the contrary in a collective agreement to the extent that the contract provides for remuneration lower than that prescribed by the RSA. But what if the Wages and Hours of Work Act is not the RSA, but can be found in state laws? The results appear to vary from state to state as to whether a collective agreement is enforceable, even if it provides for lower pay than a state wages and hours of work law. (a) A contracting entity or other interested party may request a hearing on a matter referred to in Article 22.1013(a); In order to obtain a hearing for the contracting entity, the contract agent must submit a written request through the appropriate channels (usually the Agency`s employment advisor) to the following address: (2) If the contractor has received the collective agreement in a timely manner, the contract agent may use WDOL`s website to prepare a salary determination referring to the contract and to include this wage determination. a complete copy of the collective agreement attached to the contract action that succeeds it. When using the WDOL process, there is no need to submit a copy of the collective agreement to the Ministry of Labour except upon request. If the contractor has questions about the applicability of the Labour Standards Statute for the service contract to an acquisition, the contractor must seek the opinion of the Agency`s employment counsellor. Unresolved issues should be submitted in a timely manner to the Administrator, Pay and Hours Department, for decision.
d) If the contract agent has submitted an e98 to the Ministry of Labour to request a wage determination on the basis of a collective agreement and has not received a response from the Ministry of Labour within 10 days, he or she must contact the Compensation and Hours of Work Department by telephone to determine when the determination of wages can be expected. (The phone number can be found on the e98 website.) If the Ministry of Labour is unable to submit the determination of wages to the date necessary to maintain the resumption schedule, the contract employee must include the collective agreement himself or herself in an application or other contractual measure (for example. B, the exercise of an option) and include a determination of wages with reference to the collective agreement created by the use of the WDOL website (see 22.1008-1 (d) (2)). (a) Where the procuring entity is aware that the performance of the procurement involves categories of service personnel that are not included in the determination of salary, the agent shall request the contractor to classify the categories not listed in such a way that an appropriate ratio (i.e. an appropriate comparison of qualifications) between the classifications not listed and the classifications listed in the provision (see section 52.222-41(c)). Labour standards for service contracts). The contractor initiates the compliance process before unlisted groups of workers perform contract work. The Contractor must submit Standard Form (SF) 1444, Application for Classification Authorization and Additional Rates. The contract agent must review the proposed classification and tariff and immediately submit to the Remuneration and Hours Division the completed SF 1444 (which must contain information on the agreement or rejection of the staff representative or the employee himself, as well as the recommendation of the Agency) and any other relevant information. . . .
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