NASA Procedural Requirements |
NPR 5200.1E Effective Date: August 13, 2019 Expiration Date: August 13, 2024 |
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | ALL | |
6.1.1 The Service Contract Labor Standards statute, 41 U.S.C. Ch. 67, provides that interested parties may request a Department of Labor hearing to determine if collectively bargained wages and fringe benefits are at variance (higher or lower) with those prevailing in the locality. Such hearings may be requested by the union, the contractor, or by the contracting agency.
6.1.2 The party requesting the hearing has the initial burden of supporting the hearing request with prima facie evidence that the alleged variance exists. If a hearing is granted, each party may present detailed evidence in an attempt to prove the existence of a variance.
6.1.3 Prior to making a decision as to whether a hearing will be requested by NASA, the Contracting Officer, Center Industrial Relations Officer, and Center Chief Counsel will discuss the issues in question with the Agency Industrial Relations Officer. The preliminary data will then be obtained and compiled. After reviewing the data, if it is determined that a substantial variance exists, a request for a variance hearing will be formally prepared by the Agency Industrial Relations Officer with the concurrence of the Headquarters Office of Procurement and the Office of the General Counsel. If the request for a hearing is approved by the Department of Labor, additional data will be collected as required. The Agency Industrial Relations Officer will advise the appropriate Center management officials and Center Industrial Relations Officer on the variance procedure.
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | ALL | |
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