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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Wage Payments Under the Fair Labor Standards Act of 1938 |
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| Determinations of ``Reasonable Cost'' and ``Fair Value''; Effects of Collective Bargaining Agreements |
(a) The cost of board, lodging, or other facilities shall not be
included as part of the wage paid to any employee to the extent it is
excluded therefrom under the terms of a bona fide collective bargaining
agreement applicable to the particular employee.
(b) A collective bargaining agreement shall be deemed to be ``bona
fide'' when it is made with a labor organization which has been
certified pursuant to the provision of section 7(b)(1) or 7(b)(2) of the
Act by the National Labor
Relations Board, or which is the certified representative of the
employees under the provisions of the National Labor Relations Act, as
amended, or the Railway Labor Act, as amended.
(c) Collective bargaining agreements made with representatives who
have not been so certified will be ruled on individually upon submission
to the Administrator.