Any contractor or subcontractor may apply to the Secretary of Labor
for permission to make any deduction not permitted under Sec. 3.5. The
Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not
make a profit or benefit directly or indirectly from the deduction
either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the
employee in writing and in advance of the period in which the work is to
be done and such consent is not a condition either for the obtaining of
employment or its continuance, or (2) provided for in a bona fide
collective bargaining agreement between the contractor or subcontractor
and representatives of its employees; and
(d) The deduction serves the convenience and interest of the
employee.