Wage Board; Powers and duties: Recommendations.
Section 5
SEC. 5. Wage Board; Powers and duties: Recommendations.- A Wage Board appointed under the provisions of this Act shall be composed of a member representing the public who shall act as chairman of the Board, two representatives of employees in the industry, and two representatives of employers in the same industry. The representatives of the employees and employers shall be selected from nominations submitted by employees and employers, or organizations thereof, in such industry. Three members of a Wage Board shall constitute a quorum and its recommendations shall require a vote of not less than a majority of all its members. The members of a Wage Board shall not be entitled to compensations except to per diems not exceeding seven pesos for each day of actual attendance and shall be reimbursed for all necessary travelling expenses incurred in the performance of their duties. The chairman, if a government employee, shall not be entitled to any per diem. The Secretary of Labor shall present to a Wage Board all the evidence and information in his possession relating to the wages in the industry for which the Wage Board was appointed and all other information which he deems relevant to the establishment of a minimum wage for such industry and shall cause to be brought before the Board any witness when he deems material. A Wage Board may summon other witnesses or call upon the Secretary to furnish additional information to aid in its deliberations. Within thirty days of its organization, a Wage Board shall submit to the Secretary of Labor its recommendations as to a minimum wage to be paid by employers in the industry or for the various branches of the industry considered. The Wage Board shall not recommend for any agricultural or non-agricultural industry a minimum wage of less than the prevailing wage obtaining on the effective date of this Act, and in no case less than the minimum wage rates set in section three of this Act. These wages may include minimum wages varying with localities, if in the judgment of the Board conditions make such local differentiation proper and necessary to effectuate the purpose of this Act and such differentiation does not give an undue competitive advantage to any locality; and may include terms and conditions relating to part-time employment and suitable treatment of other cases or classes of cases which, because of the nature and character of the employment, in the judgment of the Board, justify special treatment, including, in the case of persons employed as industrial homeworkers, the highest minimum rate which is economically feasible and which will not result in subtantial curtailment of employment opportunities for such employees, and which shall not be less than seventy-five per cent of the minimum wage rates established in section three of this Act. Home industries covered by this Act shall include apparel, embroidery, other needle trades, shoes, weaving, basketry, and other handicrafts. The Secretary may add specific home industries to the coverage of this Act by regulation, when he deems it necessary to further the purposes of this Act. If the report of the Wage Board is not submitted within thirty days, the Secretary of Labor may appoint a new Wage Board.