Special Industry Committee for All Industries in American Samoa;
Appointment; Convention; Hearing [04/23/2003]
Volume 68, Number 78, Page 20032
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Wage and Hour Division
[Administrative Order No. ]
Special Industry Committee for All Industries in American Samoa;
Appointment; Convention; Hearing
1. Pursuant to sections 5 and 6(a)(3) of the Fair Labor Standards
Act (FLSA) of 1938, as amended (29 U.S.C. 205, 206(a)(3)), and
Reorganization Plan No. 6 of 1950 (3 CFR 1949-53 Comp., p. 1004) and 29
CFR part 511, I hereby appoint special Industry Committee No. 25 for
American Samoa.
2. Pursuant to sections 5, 6(a)(3) and 8 of the FLSA, as amended
(29 U.S.C. 205, 206(a)(3), and 208), Reorganization Plan No. 6 of 1950
(3 CFR 1949-53 Comp., p. 1004), and 29 CFR part 511, I hereby:
(a) Convene the above-appointed industry committee;
(b) Refer to the industry committee the question of the minimum
rate or rates for all industries in American Samoa to be paid under
section 6(a)(3) of the FLSA, as amended; and,
(c) Give notice of the hearing to be held by the committee at the
time and place indicated.
The industry committee shall investigate conditions in such
industries and the committee, or any authorized subcommittee thereof,
shall hear such witnesses and receive such evidence as may be necessary
or appropriate to enable the committee to perform its duties and
functions under the FLSA.
The committee shall meet in executive session to commence its
investigation at 9:00 a.m. and begin its public hearing at 11:00 a.m.
on June 16, 2003, in Pago Pago, American Samoa.
3. The rate or rates recommended by the committee shall not exceed
the rate prescribed by section 6(a) or 6(b) of the FLSA, as amended by
the Fair Labor Standards Act Amendments of 1996, of $5.15 an hour
effective September 1, 1997.
The committee shall recommend to the Administrator of the Wage and
Hour Division of the Department of Labor the highest minimum rate or
rates of wages for such industries that it determines, having due
regard to economic and competitive conditions, will not substantially
curtail employment in such industries, and will not give any industry
in American Samoa a competitive advantage over any industry in the
United States outside of American Samoa.
4. Where the committee finds that a higher minimum wage may be
determined for employees engaged in certain activities or in the
manufacture of certain products in the industry than may be determined
for other employees in the industry, the committee shall recommend such
reasonable classifications within the industry as it determines to be
necessary for the purpose of fixing for each classification the highest
minimum wage rate that can be determined for it under the principles
set forth herein and in 29 CFR part 511.10, that will not substantially
curtail employment in such classification and will not give a
competitive advantage to any group in the industry. No classification
shall be made, however, and no minimum wage rate shall be fixed solely
on a regional basis or on the basis of age or sex. In determining
whether there should be classifications within an industry, in making
such classifications, and in determining the minimum wage rates for
such classifications, the committee shall consider, among other
relevant factors, the following:
(a) Competitive conditions as affected by transportation, living
and production costs;
(b) Wages established for work of like or comparable character by
collective labor agreements negotiated between employers and employees
by representatives of their own choosing; and
(c) Wages paid for work of like or comparable character by
employers who voluntarily maintain minimum wage standards in the
industry.
5. Prior to the hearing, the Administrator of the Wage and Hour
Division, U.S. Department of Labor, shall prepare an economic report
containing the information that has been assembled pertinent to the
matters referred to the committee. Copies of this report may be
obtained at the Office of the Governor, Pago Pago, American Samoa, and
the National Office of the Wage and Hour Division, U.S. Department of
Labor, Washington, DC 20210. Upon request, the Wage and Hour Division
will mail copies to interested persons who make a written request to
the Wage and Hour Division. To facilitate mailing, such persons should
make advance written request to the Wage and Hour Division. The
committee will take official notice of the facts stated in this report.
Parties, however, shall be afforded an opportunity to refute such facts
by evidence received at the hearing.
6. The provisions of Title 29, Code of Federal Regulations, part
511, will govern the procedure of this industry committee. Copies of
this part of the regulations will be available at the Office of the
Governor, Pago Pago, American Samoa, and at the National Office of the
Wage and Hour Division. The proceedings will be conducted in English,
but in the event that a witness should wish to testify in Samoan, an
interpreter will be provided. As a prerequisite to participation as a
party, interested persons shall file six copies of a pre-hearing
statement at the aforementioned Office of the Governor of American
Samoa and six copies at the National Office of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. Each pre-
hearing statement shall contain the data specified in 29 CFR 511.8 of
the regulations and shall be filed not later than May 16, 2003. If such
statements are sent by airmail between American Samoa and the mainland,
such filing shall be deemed timely if postmarked within the time
provided.
Signed at Washington, DC this 17th day of April, 2003.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 03-9999 Filed 4-22-03; 8:45 am]
BILLING CODE 4510-27-P
|
