Jump to page Get This Item. Find at Google Books. In these featured collections: U. Federal Documents. Add this item to a collection: New collection… Add. In your collections:. Permanent link to this item Copy permanent link. Link to this page Copy permanent link. Version UTC About the version. Search full-text index. Available Indexes Full-text Catalog Full view only. It prescribes the method of pitching shelter tents and the use of other bivouac equipment, the method of assembling and packing authorized field packs, and the procedure governing the display of basic equipment for formal inspection.
The care of arms and technical equipment, the care of many specific items of clothing and equipment, and the pitching of other tents are prescribed in other Field Manuals, in Technical Manuals, and in other War Department publications. The articles constituting the uniform, the wearing of the uniform, and insignia and brassards are prescribed in Army Regulations. General Responsibility 2 Care of clothing 3 Care of leather 4 Care of metal 5 Care of horse covers and saddle blankets.
General Bag, duffel 2 20 Assembling and attaching haversack, M, and carrier, pack, M, and accompanying equipment 21 21 Assembling and attaching bag, canvas, field, od, M—, and accompanying equipment 22 41 Assembling and attaching rucksack and accompanying equipment 23 46 Assembling and attaching jungle pack 24 46 Assembling and attaching pack, field, and accompanying equipment 25 46 Assembling and attaching pack, field, cargo and combat, accompanying equipment 26 50 Packboard 27 61 Method of packing individual equipment on horse 28 74 IV.
Enlisted man with haversack and pack carrier, canvas field bag or rucksack, jungle pack, field pack, or cargo and combat field pack 29 79 Mounted enlisted men or those similarly equipped 30 80 Formal inspection in a barracks 31 83 INDEX 86 Digitized by AHEC U.
The collection of writings by Virginia women in the Lipscomb Library. There are no reviews yet. Be the first one to write a review. Before any area practice survey is started, the RWS must be contacted.
Non-union rates in a DBA wage determination are listed in a wage rate block that has an SU identifier, and appear in alphabetical order in the list of classifications in the wage determination e.
Other wage determination blocks reflect rates in collective bargaining agreements. Union rates are listed under identifiers that refer to the union whose rates are reflected in a given wage rate block in the DBA wage determination. The number following in the identifier usually indicates the local union number for the union that negotiated the rates shown in the wage determination block.
If, in the applicable wage determination, the rates listed for all the classifications that may perform the work in question are non-union rates, the dispute will be resolved by examining the practice s of non-union contractors in classifying workers performing the duties on similar construction in question in the area usually the same county.
If, in the applicable wage determination, the rates listed for all the classifications that may perform the work in question are union rates, the dispute will be resolved by examining the practice s of union contractors in classifying workers performing the duties in question on similar construction in the area usually the same county. Often such questions can be resolved by a limited area practice survey.
If a combination of union and non-union rates are listed in the wage determination for classifications that may have performed the work in question on similar construction in the area usually the same county , the dispute will be resolved based on the combined information from:. If, in gathering preliminary data, all of the parties agree as to the proper classification, the area practice is thus established i.
However, if all parties do not agree i. Housing Act of , beginning of construction or the date the agreement to enter a housing assistance payments contract was executed, whichever was first. Contact the unions whose members may have performed the work in question to determine whether the union workers performed the work on similar projects in the county in the year prior to the wage determination lock-in date contract award date, or other date, as described above for the project at issue.
The criteria for usable data is similar projects same type of construction , in the same county as the project in question, within the usable time frame of one year prior to the wage determination lock-in date for the contract in question, as established by 29 CFR 1. If union contractors performed the work, each union should be asked how the individuals who performed the work in question were classified.
If no union workers performed any of the work in question in the county during the survey timeframe, the RWS should be contacted for further guidance.
The information provided by the unions should be confirmed with collective bargaining representatives of management i. If all parties agree as to the proper classification of the work in question, the area practice is established.
If two unions are engaged in a jurisdictional dispute over a specific type of work and both have performed the work in question during the applicable time period, contact RWS for further guidance.
A more extensive area practice survey will be required to resolve the question. Note: with regard to 2 and 3 , below, it may be more practical in many instances to proceed directly to a full area practice survey if calls to the contractors are needed anyway to determine whether each contractor is a union or open shop contractor see information in FOH 15f05 d 4.
Contact open shop contractors many are members of the Associated Builders and Contractors of America ABC and ask whether they performed the work in question on similar projects underway in the county during the survey timeframe. While it may not be possible to know if contractors are union or open shop contractors prior to calling them, there would be no need to request information from the union contractors concerning their classification practices in this case.
If so, the non-union contractors should be asked how the employees who performed this work were classified. If all the non-union contractors agree, or if a clear majority of them agree, the area practice is established. If no open shop contractor performed the work at issue in the county during the survey timeframe, contact the RWS for further guidance.
If all parties agree, or if a clear majority of the parties both union contractors regarding the classification listed with a union rate in the wage determination and non-union contractors regarding the classification listed with a non-union rate in the wage determination agree on the classification, the area practice is established.
Contact the RWS if no work of the type at issue was performed in the county during the applicable time frame discussed above. Note: where data regarding the classification practices of union contractors are sought in the area practice survey, it may be appropriate to request a list of contractors who may have performed the work in question from the relevant union s and use such list s to contact the contractors as a way to identify relevant projects.
For example, if only non-union wage rates in the wage determination are involved, information from union contractors is not relevant; if only union rates are involved, information from open shop contractors is not relevant.
Similarly, if the classifications in the wage determination that may have performed the work in question are a mix of union and non-union rates, information from both union and open shop contractors will need to be collected, but data from union contractors cannot be used to support the non-union rate and data from open shop contractors cannot be used to support the union classification rate.
The classification which has the clear majority of employees performing the work in question is the proper classification. If the data does not show that at least 60 percent of the workers who performed the duties in question were classified in the same classification, contact the RWS for further guidance. An employee who owns at least a bona fide 20 percent equity interest in the enterprise in which employed, regardless of the type of business organization e. To qualify for the exemption, a minority owner with at least a bona-fide 20 percent interest in the business must be actively engaged in management.
Thus, under the DBRA unlike SCA a contractor may offset an amount of monetary wages paid in excess of the minimum wage required under the determination to satisfy its fringe benefit obligations.
This may be done, for example, in the following ways:. See 29 CFR 3. Deductions for contributions to fringe benefit plans, provided that the deduction is not prohibited by law, that it is either voluntarily consented to by the employee in writing in advance of the time the work is done or provided for in a collective bargaining agreement, that no profit or other benefit is obtained by the contractor, and that the deduction serves the convenience of the employee.
Deductions for purchase of U. Deductions voluntarily authorized for contributions to organizations such as the Red Cross, United Way, or similar charitable organizations. Deductions to pay union initiation fees and membership dues, not including fines or special assessments, provided that a collective bargaining agreement provides for such deductions and the deductions are not otherwise prohibited by law.
Deductions for the reasonable cost of board, lodging, or other facilities meeting the requirements of section 3 m of FLSA. Deductions for the cost of safety equipment purchased by the employee if such equipment is not required by law to be furnished by the employer, if such deduction is not prohibited by FLSA or other law, and if the cost on which the deduction is based does not exceed the actual cost to the employer.
The Secretary may approve payroll deductions whenever all of the following conditions are met:. The contractor does not make a profit or benefit directly or indirectly from the deduction. In many cases salaried employees perform work on DBRA covered projects and noncovered projects in the same workweek. To determine whether the employee has been properly paid for the time spent on the DBRA project, it is first necessary to determine the hourly rate of pay. It should be kept in mind that a nonexempt i.
The same type of problem as discussed in FOH 15f08 may be encountered with regard to hourly paid employees working on DBRA covered work and non-covered work in the same workweek. This same principle applies where an employee performs work in more than one DBRA classification; an employee may be paid not less than the specified wage determination rate for each of the actual hours worked in each classification see 29 CFR 5.
In order to determine the basic hourly rate for a piece rate employee, it is necessary to divide the total hours worked in the workweek into the total wages paid. The basic hourly rate for a piece rate employee must be calculated on a weekly basis. See FOH 15f12 b. Where the cash wages paid and the per hour cost equivalents for fringe benefits together do not equal the sum of the prevailing wage rate and fringe benefit amounts set forth in the applicable wage determination, the balance due must be paid in cash to each of the employees underpaid.
Note: where a fringe benefit includes a percentage, compliance will be achieved by computation of the percentage stated times the basic wage rate. See FOH 15k There is no difficulty in determining whether a particular fringe benefit is bona fide in the ordinary case where the benefits are those common to the construction industry and which are paid directly to the employees in cash or into a fund, plan or program.
An example of the latter would be the types of benefits listed in the act itself which are funded under a trust or insurance program. Contractors may take credit for contributions made under such conventional plans without requesting the approval of DOL under 29 CFR 5. This is particularly true with respect to unfunded plans, which are discussed in 29 CFR 5. Contractors or subcontractors seeking credit under the act for costs incurred for such plans must request specific permission from the WHD under 29 CFR 5.
A contractor may not take credit for any benefit required by law, such as social security contributions or workers compensation. For example, if an employer contributes to a hospitalization plan on a weekly basis, the total hours worked DBRA covered and non-covered each week by each employee should be divided into the contribution made by the employer on behalf of each employee to determine the hourly cash equivalent for which the employer is entitled to take credit for each employee.
If contributions are made biweekly, cash equivalents would be computed bi-weekly. If contributions are made quarterly, cash equivalents would be computed quarterly, etc. For example, the hourly cash equivalent may be determined by dividing the cost of the fringe benefit by the total number of working hours DBRA and non-covered to which the cost is attributable.
Total hours worked by employees must be used as a divisor to determine the rate of contribution per hour, since employees may work on both DBRA and non-government work during the year and employers are prohibited from using contributions made for nongovernment work to discharge or offset their obligations on DBRA work see FOH 15f11 b.
Note: however, that if the amount of contribution varies per employee, credit must be determined separately for the amount contributed on behalf of each employee see FOH 15f11 c. The total actual working hours DBRA and nongovernment are 15, Since construction workers often do not work a full year 2, hours , where the contractor makes annual payments in advance to cover the coming year and actual hours worked will not be determinable until the close of that year, the total hours worked by the DBRA-covered laborers, mechanics and apprentices, if any, for the preceding calendar year or plan year , will be considered as representative of a normal work year for purposes of the above formula.
Similarly, where the contractor pays monthly health insurance premiums in advance on a lump sum basis, the total actual hours worked in the previous month or in the same month in the previous year may be use to determine i. Any representative period may be utilized in such cases, provided that the period selected is reasonable.
Where the cost incurred included contributions for employees other than covered laborers, mechanics, and apprentices, the hours of such non-covered employees must be included in the computation of the hourly cash equivalent or the contributions for such employees must be eliminated prior to determining the cash equivalent for covered employees. For example, under a hospitalization plan the employer often contributes at different rates for single and family plan members.
In such situations, an employer cannot take an across the board average equivalent for all employees; rather, the cash equivalent can only be credited based on the rate of contributions for each individual employee. Eligibility standards are permissible in an otherwise bona fide fringe benefit plan under DBRA. However, an employer must make payments or incur costs in the applicable specified amounts with respect to each individual laborer or mechanic performing covered contract work.
Employees who are excluded from a plan for whatever reason and for whom the employer makes no contribution must be paid in cash. For example, many hospitalization plans require a waiting period of 30 days before an employee can participate in the plan. Since the employer normally makes no contribution for the employee during the waiting period, the employee must be paid the fringe benefit in cash or furnished other bona fide fringe benefits equal in monetary value.
If the plan requires contributions to be made during the eligibility waiting period, credit may be taken for such contributions. Since it is not required that all employees participating in a bona fide fringe benefit plan be entitled to receive benefits from that plan at all times, however, credit may not be taken for contributions for employees who by definition are not eligible to participate , such as employees who are excluded because of age or part-time employment.
Similarly, employers frequently make contributions to union fringe benefit funds for employees who are not members of the union. If the employee cannot participate in or receive benefits from the union fund, the employee must be paid the fringe benefits in cash, even though the employer, by the terms of his union contract, may be required to contribute to the union fringe benefit fund on behalf of such employees.
In accordance with 29 CFR 5. However, there is no prohibition against the contractor being a trustee of a plan. Since by its nature a profit sharing plan is only operative if there are profits, there is no guarantee that any contributions will be made on behalf of an employee. In addition, since contributions under such plans are normally made on an annual basis, they fail to meet the requirement that plan contributions be made not less often than quarterly.
The contractor would be required to contribute irrevocably to an escrow account not less often than quarterly, during the period of the DBRA covered work, an amount sufficient to meet any claimed fringe benefit credit under DBRA for pensions on behalf of each employee participating in the plan.
Allowable credit under DBRA would be limited to the contributions made which cover that portion of the total hours worked by the employees during the year which is attributable to work covered by DBRA. Any shortfall in profits which results in actual payments to the pension plan being less than the rate at which the contractor claimed DBRA credit throughout the year would have to be made up by the contractor when the account is settled at year end, by paying the difference shortfall in cash directly to the employees, or by making additional contributions to the pension fund in an amount to cover the shortfall.
A contractor cannot claim credit for more than the actual costs of, or payments made into, the plan. Pension and profit sharing plans normally contain provisions for the disposition of forfeitures. In either case, such provisions are not prohibited under the DBA.
However, the contractor may not use such forfeitures as a credit toward meeting the requirements of an applicable DBA wage determination. To do so would allow the contractor to take double credit for the same contributions. In addition, if the employer wishes the plan to qualify for tax exempt status, the amount of annual contributions may not exceed a limitation imposed by the Internal Revenue Code.
If this is not done, the credit for DBRA purposes would have to be revised accordingly. This method for determining the allowable DBA credit for fringe benefit payments results from the fact that employers are prohibited from using contributions made for work covered by DBRA to fund the plan for periods of non-DBRA work, except as stated in g 2 above.
To insure that such plans are not used to avoid compliance with the act, the Secretary directs the contractor to set aside, in an account, sufficient assets to meet the future obligation of the plan. At the time the employee takes vacation or sick leave the monies in such an account could be distributed and used as an offset against the vacation and sick leave plan obligation of the contractor.
However, if a contractor has paid vacation or sick leave out of pocket under an unfunded plan, credit must be given for such payments see FOH 15f15 d. Of course, if the employer pays these accumulated benefits in cash upon termination by an employee, there will be no problem in determining the cash equivalent. Since both sick leave and vacation are generally annual type fringe benefits, the total hours worked during the year government and non-government should be used as the divisor.
However, if the employee is hired by the contractor after the holiday occurs in a particular week, he or she would not be entitled to the holiday benefit. Only the actual costs incurred for the training program, such as instruction, books, and tools or materials, may be credited. For example, a contractor cannot claim credit for apprenticeship training costs incurred for electricians to satisfy the applicable wage determination apprentice training requirements for carpenters. It is permissible for a contractor to use such a method of payment and the contractor should be given appropriate credit.
In order to determine the amount the contractor may offset to meet this contribution, it is necessary to convert the contribution to an hourly cash equivalent. The hourly cash equivalent would be determined by dividing the cost by the total number of hours worked by carpenters and carpenter apprentices DBRA and non-government work to which the cost is attributable. The administrative expenses incurred by a contractor or subcontractor in connection with the administration of a bona fide fringe benefit plan are not creditable towards the prevailing wage under the DBA.
For example, a contractor would not be able to take credit for the cost of an office employee who fills out medical insurance claim forms for submission to an insurance carrier. Where an employer sends employees who are regularly employed in their home community away from home to perform a special job at a location outside daily commuting distances from their homes so that, as a practical matter, they can return to their homes only on weekends, the assumption by the employer of the cost of the board and lodging at the distant location, not customarily furnished the employees in their regular employment by the employer, and of weekend transportation costs of returning to their homes and reporting again to the special job at the end of the weekend, are considered as payment of travel expenses properly reimbursable by the employer and incurred for its benefit.
The DBA does not provide for compensation of covered employees at premium rates for overtime hours of work.
The safety standards provisions are administered by OSHA. Except as otherwise provided, the act applies the maximum hours standards of 40 hours per week to any contract which may require or involve the employment of laborers or mechanics upon a public work of the U. See FOH 15i00 1. Guards and watchmen and many other classes of service employees are laborers or mechanics within the meaning of CWHSSA.
It is immaterial whether contracts are entered into through invitations for bids or by negotiation. For example, if an employee performs part of the contract work under a construction contract at the job site and then continues contract work at a shop or other facility located at a remote distance, all the hours at both locations, including travel time between them see FOH 15k03 e , would be considered subject to CWHSSA.
Different wage rates, however, might be paid as the DBA prevailing wage requirements would apply only to activities performed on the site of the work. However, contracting agencies may withhold and transfer funds to the comptroller general in order to pay unpaid workers without regard to any statute of limitations. The fact that individuals are supplying the funds in payment for services rendered does not preclude coverage.
Thus, contracts between Post Exchanges and various concessionaires such as barber shops, photographic studios, snack bars, shops repairing shoes, radios, watches, TV sets and appliances, car washing racks, operators of officer clubs, and laundry and dry cleaning services, would be subject to CWHSSA.
See FOH 15i00 7. In some cases, a state or political subdivision will obtain a government contract and undertake to perform it with state or municipal employees. Thus, the CWHSSA will apply to non-construction contracts with states or political subdivisions in the same manner as it applies to contracts with private employers, in the absence of administrative action under section of the act varying such application.
Contracts to provide food services to employees in federal government buildings and installations, or the employees of firms which are managing government facilities, are subject to CWHSSA. Contracts with hotels, motels, and restaurants for the furnishing of lodging and meals are generally subject to the CWHSSA. Employees such as maids, porters, cooks, dishwashers, waiters, and counterworkers would generally be considered laborers or mechanics covered by CWHSSA.
The CWHSSA applies to laborers or mechanics performing laundry and dry cleaning service contracts or linen supply contracts. Contracts which call for packing, crating, drayage, loading, and storage of household goods and personal effects of military and civilian personnel arriving and departing from military installations are subject to the CWHSSA. The primary purpose of such contracts is not considered to be for transportation within the meaning of the CWHSSA exemption. See 15i00 2.
Contracts for the repair and servicing of vehicles are generally subject to the CWHSSA and are not exempt under the open market exemption. See FOH 15i00 4. Postal Service contracts for the handling of mail may be subject to CWHSSA if they involve the separation and storage of mail, as well as its transportation, according to specifications set forth in the contract.
The principal question to be determined is whether the contract in question is a contract for transportation within the meaning of section b of the CWHSSA. If the contract is essentially for sorting and storage of mail with transportation being incidental thereto, there would be coverage under CWHSSA. See FOH 15i01 c. Certain types of contracts and contract work are exempted from coverage of the act, either by the terms of the act see section a and b or by administrative order issued by authority of the Secretary under section of the act.
These include the first five are statutory :. In arriving at the aggregate amount involved, there must be included all property and services which would properly be grouped together in a single transaction and which would be included in a single advertisement for bids if the procurement were being effected by formal advertising. See 40 USC b 1 B iii. Thus, coverage on federally assisted contracts does not exist unless the particular statute under which the loans or grants are authorized contains wage standards, directly or by reference.
For example, contracts awarded as a result of a grant from the U. This is a limited partial exemption from the application of CWHSSA confined to work assisted only in the quoted manner. Particular attention should be paid to HUD projects since the assistance for many of these projects is only in the nature of a loan guarantee, or insurance.
For example, mail haul contracts are for the primary purpose of transportation; hauling of materials by a contractor in connection with its construction contract is an incident to the primary purpose of the contract, which is construction, not transportation. While in PCA the open market exemption is directed at the mode of purchase, in the CWHSSA the determination of whether a purchase is an open market one depends on the character of the products or article purchased. If the contract is for the purchase of materials in the form in which they are ordinarily made available to the general purchasing public, the CWHSSA open market exemption applies.
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