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record in the proceedings. The arbitrator may, unless prohibited by law, proceed in the absence of any party who, after due notice, fails to be present or to obtain a postponement. The award, however, must be supported by evidence. § 1404.9 Prompt decision.
(a) Early hearing and decision of industrial disputes is desirable in the interest of good labor relations. The parties should inform the Service whenever a decision is unduly delayed. The Service expects to be notified by the arbitrator if and when (1) he cannot schedule, hear and determine issues promptly, and (2) he is advised that a dispute has been settled by the parties prior to arbitration.
(b) The award shall be made not later than 30 days from the date of the closing of the hearing, or the receipt of a transcript and any post-hearing briefs, or if oral hearings have been waived, then from the date of receipt of the final statements and proof by the arbitrator, unless otherwise agreed upon by the parties or specified by law. However, a failure to make such an award within 30 days shall not invalidate an award. § 1404.10 Arbitrator's award and report.
(a) At the conclusion of the hearing and after the award has been submitted to the parties, each arbitrator is required to file a copy with the Service. The arbitrator is further required to submit a report showing a breakdown of his fees and expense charges so that the Service may be in a position to check conformance with its fee policies. Cooperation in filing both award and report within 15 days after handing down the award is expected of all arbitrators.
(b) It is the policy of the Service not to release arbitration decisions for publication without the consent of both parties. Furthermore, the Service expects the arbitrators it has nominated or ap
pointed not to give publicity to awards they may issue, except in a manner agreeable to both parties. § 1404.11 Fees of arbitrators.
(a) No administrative or filing fee is charged by the Service. The current policy of the Service permits each of its nominees or appointees to charge a per diem fee for his services, the amount of which is certified in advance by him to the Service. Each arbitrator's maximum per diem fee is set forth on his biographical sketch which is sent to the parties at such time as his name is submitted to them for consideration. The arbitrator shall not change his per diem fee without giving at least 90 days advance notice to the Service of his intention to do so.
(b) In those rare instances where arbitrators fix wages or other important terms of a new contract, the maximum fee noted above may be exceeded by the arbitrator after agreement by the parties. Conversely, an arbitrator may give due consideration to the financial condition of the parties and charge less than his usual fee in appropriate cases. § 1404.12 Conduct of hearings.
The Service does not prescribe detailed or specific rules of procedure for the conduct of an arbitration proceeding because it favors flexibility in labor relations. Questions such as hearing rooms, submission of prehearing or posthearing briefs, and recording of testimony, are left to the discretion of the individual arbitrator and to the parties. The Service does, however, expect its arbitrators and the parties to conform to applicable laws, and to be guided by ethical and procedural standards as codified by appropriate professional organizations and generally accepted by the industrial community and experienced arbitrators. In cities where the Service maintains offices, the parties are welcome upon request to the Service to use its conference rooms when they are available.
CHAPTER XIII-BUREAU OF LABOR STANDARDS
DEPARTMENT OF LABOR
1500 Child labor regulations, orders and statements of interpretation.
1501 Safety and health regulations for ship repairing. 1502 Safety and health regulations for shipbuilding.
1503 Safety and health regulations for shipbreaking. 1504 Safety and health regulations for longshoring.
1505 Gear certification.
1506 Recording and reporting work-injury frequency and severity data concern
ing longshoremen, ship repairmen and other harbor workers.
1507 Procedure for variations from safety and health regulations under Long
shoremen's and Harbor Workers' Compensation Act.
1508 Rules of practice in enforcement proceedings under section 41 of the Long
shoremen's and Harbor Workers' Compensation Act.
1509 Investigational hearings under section 41 of the Longshoremen's and Harbor
Workers' Compensation Act. 1510 Safety and health provisions for Federal agencies.
1515 Safety standards applicable to workshops and rehabilitation facilities assisted
1516 Safety and health standards for federal service contracts.
PART 1500_CHILD LABOR REGULA
TIONS, ORDERS AND STATEMENTS
Subpart A-Certificates of Age (Child Labor
Reg. 1) Sec. 1500.1 Definitions. 1500.2 Certificates of age; effect. 1500.3 Information contained in certificate
and disposition of certificate. 1500.4
Proof of age. 1500.5 Federal certificates of age. 1500.6 Acceptance of State certificates. 1500.7 Continued acceptability of certif
cates. 1500.8 Revoked certificates. 1500.9 Effect on other laws. 1500.10 Revision of regulation.
Subpart B-Acceptance of State Certificates 1500.21 Designation of States. 1500.22 Designation of State of Alaska. 1500.23 Designation of Territory of Guam. Subpart C-Employment of Minors Between 14
and 16 Years of Age (Child Labor Reg. 3) 1500.31 Determination. 1500.32 Effect of this subpart. 1500.33 Occupations. 1500.34 Occupations in retail, food service,
and gasoline service establish
ments. 1500.35 Periods and conditions of employ
ment. 1500.36 Certificates of age; effect. 1500.37 Effect on other laws. 1500.38 Revision of this subpart. Subpart D-Procedure Governing Hazardous
Occupation Determinations 1500.41 Administrative responsibility. 1500.42 Reports of investigations. 1600.43 Initiating proceedings. 1500.44 Notice of proceedings. 1500.45 Procedure governing oral participa
Sec. 1500.55 Occupations involved in the opera
tion of power-driven woodwork
ing machines (Order 5). 1500.57 Exposure to radioactive substances
and to ionizing radiations (Order
6). 1500.58 Occupations involved in the opera
tion of power-driven hoisting ap
paratus (Order 7). 1500.59 Occupations involved in the oper&
tions of power-driven metal forming, punching, and shearing ma
chines (Order 8). 1500.60 Occupations in connection with
mining, other than coal (Order
9). 1500.61 Occupations involving slaughtering,
meat packing or processing, or
rendering (Order 10). 1500.62 Occupations involved in the opera
tion of bakery machines (Order
11). 1500.63 Occupations involved in the opera
tion of paper-products machines
(Order 12). 1500.64 Occupations involved in the manu
facture of brick, tile, and kindred
products (Order 13). 1500.65 Occupations involved in the opera
tions of circular saws, band saws,
and guillotine shears (Order 14). 1500.66 Occupations involved in wrecking,
demolition, and shipbreaking op
erations (Order 15). 1500.67 Occupations in roofing operations
(Order 16). 1500.68 Occupations in excavation opera
tions (Order 17). Subpart E-1-Occupations in Agriculture Partic
ularly Hazardous for the Employment of Chil
dren Below the Age of 16 1500.70 General. 1500.71 Interim determinations. Subpart Utilization of State Agencies for
Investigations and Inspections ? 1500.81 Definitions. 1500.82 Agreements with State agencies. 1500.83 Qualifications of the State agency. 1500.84 Submission of plan. 1500.85 Additional requirements. 1500.86 Audits. 1500.87 Transmission of official mail. 1500.88 Enforcement. 1500.89 Agreements and approved plans. 1500.90 Amendments and repeal. Subpart GmGeneral Statements of Interpreta
tion of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended
GENERAL 1500.101 Introductory statement. 1500.102 General scope of statutory provi
tion. 1500.46 Certification of the record. 1500.47 Finding and order. 1500.48 Special requests. 1500.49 Amendments. Subpart E-Occupations Particularly Hazardous
for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their
Health or Well-Being
establishments manufacturing or
helper (Order 2).
tions in the operation of any saw-
1 The regulations in this subpart are also codified as Part 515 of this title.
Sec. 1500.103 Comparison with wage and hours
COVERAGE OF SECTION 12(a) 1500.104 General. 1500.105 “Producer, manufacturer, or deal1500.106 “Ship or deliver for shipment in
commerce". 1500.107 “Goods". 1500.108 “Produced”. 1500.109 “Establishment situated in the
United States". 1500.110 "In or about". 1500.111 Removal "within 30 days".
COVERAGE OF SECTION 12(c) 1500.112 General. 1500.113 Employment "in commerce or in
the production of goods for com
SECTIONS 12(a) AND 12(c)
OPPRESSIVE CHILD LABOR 1500.117 General. 1500.118 Sixteen-year minimum. 1500.119 Fourteen-year minimum. 1500.120 Eighteen-year minimum. 1500.121 Age certificates.
EXEMPTIONS 1500.122 General. 1500.123 Agriculture. 1500.124 Delivery of newspapers. 1500.125 Actors and performers. 1500.126 Parental exemption.
ENFORCEMENT 1500.127 General. 1500.128 Good faith defense, 1500.129 Relation to other laws.
SOURCE: The provisions of this Part 1500 appear at 16 F.R. 7008, July 20, 1951, unless otherwise noted. Redesignated at 28 F.R. 1634, Feb. 21, 1963. Subpart A-Certificates of Age (Child
Labor Reg. 1) AUTHORITY: The provisions of this Subpart A issued under secs. 3, 11, 52 Stat. 1060, as amended, 1066, as amended; 29 U.S.C. 203, 211. $ 1500.1 Definitions.
As used in this subpart:
(a) “Act” means the child-labor provisions of the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060, as amended; 29 U.S.C. 201-219);
(b) “Wage and Hour Division" means the Wage and Hour Division of the
United States Department of Labor;
(c) “Bureau of Labor Standards" means the Bureau of Labor Standards of the United States Department of Labor;
(d) “Oppressive child-labor age" means:
(1) Under the age of 16 years with respect to employment in any occupation;
(2) 16 and under 18 years of age with respect to employment in any occupation found and by order declared by the Secretary of Labor to be particularly hazardous for the employment of minors of such ages or detrimental to their health or well-being.
(e) “A certificate of age" means a certificate as provided in 1500.2(a) (1) or (2).
(f) "State agency” means any executive department, board, bureau or commission of the State or any division or unit thereof. $ 1500.2 Certificates of age; effect.
(a) The employment of any minor shall not be deemed to constitute oppressive child labor under the act if his employer shall have on file an unexpired certificate, issued and held in accordance with this subpart, which shall be either:
(1) A Federal certificate of age, issued by a person authorized by the Administrator of the Wage and Hour Division showing that such minor is above the oppressive child-labor age applicable to the occupation in which he is employed, or
(2) A State certificate, which may be in the form of and known as an age, employment, or working certificate or permit, issued by or under the super
: Employment of a child by his parent or by a person standing in place of a parent in occupations other than manufacturing or mining or an occupation found and declared by the Secretary of Labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or well. being is exempt (section 3 (1)) from tho 16year minimum age standard. The act authorizes the Secretary of Labor to provide by regulation or by order that the employment of employees between the ages of 14 and 16 years in occupations other than man. ufacturing and mining shall not be deemed to constitute oppressive chud labor, I and to the extent that the Secretary of Labor determines that such employment is confined to periods which will not interfere with their schooling and to conditions which will not interfere with their health and well-being.
vision of a State agency in such States icates to the prospective employer of as may be designated for this purpose by the minor, who shall keep such certifithe Secretary of Labor on recommenda- cate on file at the place of the minor's tion of the Director of the Bureau of employment and who on the termination Labor Standards showing that such of the employment of the minor shall reminor is above the oppressive child-labor turn the certificate to the person issuage applicable to the occupation in ing it, except that a certificate issued which he is employed. Any such cer- for a minor 16 years of age or over for tificate shall have the force and effect employment in agriculture may be given specified in § 1500.6.
to the minor. A certificate returned to (b) The prospective employer of a the issuing officer may be accepted as minor, in order to protect himself from proof of age for the issuance of any subunwitting violation of the act, should sequent certificate of age for that minor, obtain a certificate (as specified in para- without presentation of further proof of graphs (a) (1) and (2) of this section) age, unless it is found that the proof of for the minor if there is any reason to age originally submitted was in error. believe that the minor's age may be Whenever a certificate of age is issued below the applicable minimum for the for a minor 18 or 19 years of age it may occupation in which he is to be employed. be given to the minor by the person Such certificate should always be ob- issuing the certificate. Every minor 18 tained where the minor claims to be only or 19 years of age shall, upon entering one or two years above the applicable employment, deliver his certificate of minimum age for the occupation in age to his employer for filing and upon which he is to be employed. It should the termination of the employment the also be obtained for every minor claim- employer shall return the certificate to ing to be older than two years above the the minor. applicable minimum age if his physical appearance indicates that this may not
$ 1500.4 Proof of age. be true.
(a) Except as provided in § 1500.6, a $ 1500.3 Information contained in cer
certificate of age which shall have the tificate and disposition of certificate.
effect specified in $ 1500.2 shall be issued
only upon application of the minor desir(a) Except as provided in $ 1500.6, a
ing employment or of the prospective certificate of age which shall have the
employer to the person authorized to iseffect specified in $ 1500.2 shall contain
sue such certificate and only after acthe following information:
ceptable documentary evidence of age (1) Name and address of minor.
has been received, examined, and ap(2) Place and date of birth of minor,
proved. Such evidence shall consist of together with a statement indicating the
one of the following proofs of age, to be evidence on which this is based.
required in the order of preference herein (3) Sex of minor.
designated, as follows: (4) Signature of minor.
(1) A birth certificate or attested (5) Name and address of minor's
transcript thereof or a signed statement parent or person standing in place of
of the recorded date and place of birth, parent.' (6) Name and address of employer (if
issued by a registrar of vital statistics
or other officer charged with the duty of minor is under 18)." (7) Industry of employer (if minor is
recording births. under 18).
(2) A record of baptism or attested (8) Occupation of minor (11 minor is
transcript thereof showing the date and under 18).
place of birth and date and place of bap
tism of the minor, or a bona fide con(9) Signature of issuing officer. (10) Date and place of issuance.
temporary record of the date and place
of the minor's birth kept in the Bible in (b) A certificate of age for a minor
which the records of the births in the under 18 years of age shall be sent by a
family of the minor are preserved, or person authorized to issue such certif.
other documentary evidence satisfactory
to the Director of the Bureau of Labor • This Information need not appear on the
Standards or, in case of a Federal certifi. certificate 11 It is obtained and kept on Ale
cate of age, to the Administrator of the by the person issuing the certifcate. * This information need not appear on a
Wage and Hour Division, such as a passcertificate issued for employment in agri.
port showing the age of the minor, or a culture.
certificate of arrival in the United States