25G - AGMT - INMATE HOUSING - Laserfiche WebLink

Home Browse Search

EROIGSA -15 -0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts determinations to be issued by the wage and Hour Division, Employment Stauclards Administration of the Department of Labor as provided in such Act, (e) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona lids fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any person performing work under the Coatract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938, Nothing in this provision shall relieve the contractor ar any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee, (2) If this Contract/IGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, Corder which substantially the same services were furnished in the same locality and service employees wexe paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract /IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this ContracUIGSA shall pay any service employee Performing any of the Contract/10SA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agrcoments, to which such employee would have been entitled, if employed Linder the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement, No contractor or subcontractor under this Coatract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec• 4.10 of 29 CPR part 4 that the wages and /or fiingo benefits provided for in such agreement axe substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4,11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract /IGSA was not entered into as a result of arm's - length negotiations. Where it is found in accordance with the review procedures provided in 29 CPR 4.10 and /or 4,11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's ccllective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and /or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's - length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract /IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a Contract /IGSA or subcontract. 53 Comp. Gen, 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. Page 3 of 8 25G -54