(a)(1) In the absence of an alternative determination made by the
Administrator under paragraph (b) of this section, and except as
provided in paragraph (a)(2) of this section, the prevailing minimum
compensation required to be paid under the Act to the various
professional performers and related or supporting professional personnel
employed on projects or productions assisted by grants from the National
Endowment for the Arts and the National Endowment for the Humanities
shall be the compensation (including fringe benefits) contained in
collective bargaining agreements negotiated by the following national or
international labor organizations or their local affiliates:
Actors' Equity Association.
Screen Actors Guild, Inc.
Screen Extras Guild, Inc.
American Guild of Musical Artists, Inc.
International Alliance of Theatrical Stage Employees and Moving Picture
Machine Operators.
American Federation of Musicians.
National Association of Broadcast Employees and Technicians.
American Federation of Television and Radio Artists.
International Brotherhood of Electrical Workers.
American Guild of Variety Artists.
Writers Guild.
(2) Professional performers and related or supporting professional
personnel who are to perform activities which do not come within the
jurisdiction of any collective bargaining agreement negotiated by the
labor organizations named in paragraph (a)(1) of this section shall be
paid minimum compensation as determined by agreement of the grant
applicant or grantee and the personnel who will perform such activities
or their representatives. Evidence of the agreement reached by the
parties shall be submitted by the grant applicant to the grant agency,
together with evidence of the prevailing minimum compensation for
similar activities. If the parties do not agree on the minimum
compensation to be paid to such personnel, the matter shall be referred
to the Administrator of the Wage and Hour Division for final
determination.
(b)(1) Interested parties, including grant applicants, grantees,
professional performers or related or supporting professional personnel
and their representatives, may at any time submit to the Administrator a
request for a determination of prevailing minimum
compensation. The Administrator will make a determination concerning
each such request in accordance with paragraph (b)(4) of this section.
(2) Any request for a determination of prevailing minimum
compensation shall include or be accompanied by information as to the
locality or localities, the class or classes of professional performers
or related or supporting professional personnel for the project or
production in question, the names and addresses (to the extent known) of
interested parties, and all available information relating to prevailing
minimum compensation currently being paid to such persons or to persons
employed in similar activities. No particular form is prescribed for
submission of information under this section.
(3) If the information specified in paragraph (b)(2) of this section
is not submitted with a request for an alternative determination of
prevailing minimum compensation or is insufficient to permit a
determination, the Administrator may deny the request or request
additional information, at the Administrator's discretion. Pertinent
information from any source may be considered by the Administrator in
connection with any request.
(4) The Administrator will respond to a request for determination
under this section within 30 days of receipt, by issuing a determination
of alternative prevailing minimum compensation or denying the request or
advising that additional time is necessary for a decision. If the
Administrator determines from a preponderance of all relevant evidence
obtained in connection with the request that the compensation provided
for in the agreements negotiated by the labor organizations set forth in
paragraph (a) of this section does not prevail for any professional
performer or related or supporting professional personnel employed on
similar activities in the locality, the Administrator will issue a
determination of the prevailing minimum compensation required to be paid
under the Act to such persons. If the Administrator finds that the
compensation provided for in the agreements negotiated by the labor
organizations set forth in paragraph (a) of this section does prevail
for the professional performers or related or supporting professional
personnel in question, the requesting party will be so notified.
(c) All professional performers and related or supporting
professional personnel (other than laborers or mechanics with respect to
whom labor standards are prescribed in section 5(j) and 7(j) of the Act)
employed on projects or productions which are financed in whole or in
part under section 5 or section 7 of the Act will be paid, without
subsequent deduction or rebate on any account, not less than the
prevailing minimum compensation determined in accordance with paragraph
(a) of this section, unless an alternative determination is made under
paragraph (b) of this section. Pending the decision of the Administrator
on a request for determination under paragraph (b) of this section, the
grantee may be required to set aside in a separate escrow account
sufficient funds to satisfy the difference between the compensation
(including fringe benefits) actually paid to the employee(s) in
question, and the compensation (including fringe benefits) required
under the applicable collective bargaining agreement negotiated by the
labor organization named in paragraph (a) of this section, or furnish a
bond with a surety or sureties satisfactory to the Administrator for the
protection of the compensation of the affected employees.
