Successor Contracts. If this Subcontract succeeds a contract subject to the Act under which substantially the same services were furnished and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, then, in the absence of a minimum wage attachment to this Subcontract, the Subcontractor may not pay any service employee performing this Subcontract less than the wages and benefits, including those accrued and any prospective increases, provided for under that agreement. No Subcontractor may be relieved of this obligation unless the limitations of 29 CFR 4.1c(b) apply or unless the Secretary of Labor or the Secretary's authorized representative: 1. Determines that the agreement under the predecessor was not the result of arms- length negotiations; or 2. Finds, after a hearing under 29 CFR 4.10, that the wages and benefits provided for by that agreement vary substantially from those prevailing for similar services in the locality or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR
Appears in 4 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Successor Contracts. If this Subcontract contract succeeds a contract subject to the Act under which substantially the same services were furnished and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, then, in the absence of a minimum wage attachment to this Subcontractcontract, the Subcontractor Contractor may not pay any service employee performing this Subcontract contract less than the wages and benefits, including those accrued and any prospective increases, provided for under that agreement. No Subcontractor Contractor may be relieved of this obligation unless the limitations of 29 CFR 4.1c(b) apply or unless the Secretary of Labor or the Secretary's authorized representative:
(1. ) Determines that the agreement under the predecessor was not the result of arms- arms-length negotiations; or
(2. ) Finds, after a hearing under 29 CFR 4.10, that the wages and benefits provided for by that agreement vary substantially from those prevailing for similar services in the locality or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR
Appears in 2 contracts
Sources: Subcontract Agreement, Indefinite Quantity Subcontract Agreement