Every petition filed under Secs. 551.3 and 551.4 shall contain the
following information:
(a) A full statement of the facts relied upon by the petitioner to
establish, under the applicable definitions in Sec. 551.8, that the wage
payment plan submitted for consideration: (1) Applies to employees
employed (i) as drivers or drivers' helpers, or both, (ii) in ``making
local deliveries'' and (2) determines, ``on the basis of trip rates or
other delivery payment plan'', the compensation which such employees
receive for such employment; and
(b) A complete description of the wage payment plan and full
information concerning its application showing, among other things: (1)
The method of compensation which it provides and the types of payments
made to employees covered by the plan, together with such information as
may be necessary to show how these payments are computed and how and to
what extent they are actually used in determining the total compensation
received by employees covered by the plan, (2) a full description of all
duties performed by the employees compensated under the plan, including
information as to the types of goods delivered, their points of origin
and destination and the purposes for and geographical area within which
they are transported by the employees, the relationship of the employer
to the consignor and consignee, and the numbers, (minimum, maximum, and
average or typical) of round trips made by such employees in
transporting such goods during the workday and of deliveries made during
each such trip, and (3) other relevant information concerning the
employees compensated under the plan including the total number of such
employees employed full-time as drivers or drivers' helpers making local
deliveries under the provisions of the plan during the most recent
representative annual period as defined in Sec. 551.8(g)(1), the weekly
hours worked and the average workweek of such employees during such
period and, if there are any significant variations in the number of
such employees so employed in the particular workweeks within the
period, a full statement of the facts concerning such variations,
information as to any workweeks in which any employees compensated under
the plan devote less than eighty percent of their worktime to duties as
drivers or drivers' helpers making local deliveries; and
(c) A statement of the facts and reasons based on the history and
application of the plan which are relied upon to support a finding that
the plan has the general purpose and effect of reducing the hours worked
by drivers or drivers' helpers covered by its provisions to, or below,
the statutory maximum workweek applicable to them under the Act.
