(a) The application must demonstrate that a certificate is necessary
in order to prevent the curtailment of opportunities for employment.
(b) The issuance of a messenger and/or learner certificate must not
tend to create unfair competitive labor cost advantages nor have the
effect of impairing or depressing wage rates or working standards of
experienced workers performing work of a like or comparable character in
the industry.
(c) Abnormal labor conditions such as a strike, lock-out, or other
similar condition, must not exist at the plant or establishment for
which a messenger and/or learner certificate is requested.
(d) It must be shown that an adequate supply of qualified
experienced workers is not available for employment in those occupations
for which authorization to pay subminimum wages to learners has been
requested; that the experienced workers presently employed in the plant
or establishment in occupations in which learners are requested are
afforded an opportunity, to the fullest extent possible, for full-time
employment upon completion of the learning period; and that learners are
available for employment.
(e) Reasonable efforts must have been made to recruit workers paid
at least the minimum wage in those occupations in which certificates to
employ learners at subminimum wages have been requested. This includes
the placement of an order with the local State or Territorial Public
Employment Service Office (except in possessions where there is no such
office) not more than fifteen days prior to the date of application.
Written evidence from such office that the order has
been placed shall be submitted by the employer with the application.
(f) The occupation or occupations in which learners are to receive
training must involve a sufficient degree of skill to necessitate an
appreciable learning period.
(g) An apprenticeship program must conform with or substantially
conform with the standards of apprenticeship as defined in subpart C of
this part.
(h) There must be no serious outstanding violations involving the
employee(s) for whom a certificate is being requested nor any serious
outstanding violations of a certificate previously issued, nor any
serious violations of the FLSA which provide reasonable grounds to
conclude that the terms of a certificate may not be complied with, if
issued.
