(a) Under sections 2(a)(1) and (2) and 4(c) of the Act, minimum
monetary wages and fringe benefits to be paid or furnished the various
classes of service employees performing such contract work are
determined by the Secretary of Labor or his authorized representative in
accordance with prevailing rates and fringe benefits for such employees
in the locality or in accordance with the rates contained in a
predecessor contractor's collective bargaining agreement, as
appropriate, and are required to be specified in such contracts and
subcontracts thereunder. All service employees of the classes who
actually perform the specific services called for by the contract (e.g.,
janitors performing on a contract for office cleaning; stenographers
performing on a contract for stenographic reporting) are covered by the
provisions specifying such minimum monetary wages and fringe benefits
for such classes of service employees and must be paid not less than the
applicable rate established for the classification(s) of work performed.
Pursuant to section
4.6(b)(2), conforming procedures are required to be observed for all
such classes of service employees not listed in the wage determination
incorporated in the contract.
(b) The duties which an employee actually performs govern the
classification and the rate of pay to which the employee is entitled
under the applicable wage determination. Some job classifications listed
in an applicable wage determination are descriptive by title and have
commonly understood meanings (e.g., janitors, security guards, pilots,
etc.). In such situations, detailed position descriptions may not be
included in the wage determination. However, in cases where additional
descriptive information is needed to inform users of the scope of duties
included in the classification, the wage determination will generally
contain detailed position descriptions based on the data source relied
upon for the issuance of the wage determination.
(c)(1) Some wage determinations will list a series of classes within
a job classification family, e.g., Computer Operators, Class A, B, and
C, or Electronic Technicians, Class A, B, and C, or Clerk Typist, Class
A and B. Generally, the lowest level listed for a job classification
family is considered to be the entry level and establishment of a lower
level through conformance (Sec. 4.6(b)(2)) is not permissible. Further,
trainee classifications cannot be conformed. Helpers in skilled
maintenance trades (e.g., electricians, machinists, automobile
mechanics, etc.) whose duties constitute, in fact, separate and distinct
jobs, may also be used if listed on the wage determination, but cannot
be conformed. Conformance may not be used to artificially split or
subdivide classifications listed in the wage determination. However,
conforming procedures may be used if the work which an employee performs
under the contract is not within the scope of any classification listed
on the wage determination, regardless of job title.
(2) Subminimum rates for apprentices, student learners, and
handicapped workers are permissible under the conditions discussed in
Sec. 4.6 (o) and (p).
