Montana labor news., 1935-12-05
Commissioner
OByrne Completes
Survey Of The State

Commissioner of Labor, Ed O'Byrne
returned to Helena yesterday after
noon, completing a trip that covered
every town and city in Montana of 500
population or more since September
II. He Investigated chiefly the obser-
vance or non-obseryance OF the 8-hour
store law, the laws pertaining to hours
of labor and condition OF female en-
ployes, and the child labor laws.
Il had a hearing at G~lendive," he
stated, on some complaints that were
filed by employees Of Nolan Brothers,
contractors Of St. Paul. The Nolan
Brothers had a highway construction
job. At the hearing the evidence show
ed that, on account Of the breaking
down OF a machine that was used to
furnish crushed gravel for the work
ers on the job, many Of the men en-
.ployed were not getting in the 80 hours
a week they were supposed to. They
had been taken from the relief rolls
and were to put in six 5-hour shifts, or
80 hours a week. Because of their
forced lay-offs, they were not making
as much as they had been receiving on
relief and their families were suffer
ing.
After a full investigation, Superin-
tendent Archibald OF the Nolan Bro
theirs agreed to make good on some
of these losses and also to reimburse
some workers who had been paid less
than the scale called for. You under
stand that those in charge Of the re-
lief there said they could not supple
ment the wages they had received be-
cause the cards showed continuous en-
|ployment.
u feel that considerable good was
accomplished and a better understand
ing resulted. When l returned there
the work had been shut down on ac-
count of the weather"
Il found a rule in vogue for pay
ment on what is called "crusher time"
that to me appeared very unfair. For
instance, a man running a truck would
have to carry a load to a point some
distance from the crusher. 1t might
take him 40 or so minutes to do this.
If he got his load at five minutes to
o, and went on the trip and the crush
er closed down at six, he would be
working the greater part Of an hour
without pay. The mar at the dumping
end who had to check, also waited there
lor perhaps a half or three-quarters oil
an hour after the crusher had shut
down and he had to work without pay
that extra time.
u managed to get this partially cor
rected and we are working now to get
the whole trouble adjusted on a fair
basis,
ON HATTERSLEY
IL have taken up with the office OF
the attorney general the question OF
carrying to the supreme court a test
case to find out whether Judge Hat
tersley was right or wrong in declar-
ing the 8-hour law unconstitutional. We
found the case that he decided could
not be appealed as he had taken it from
the jury, but we are in hopes that a
case involving the same point, which is
scheduled to come up at Miles City
will give us the opportunity to get this
subject passed upon by the state sup
RENE court,
81 feel that probably 90 per cent of
the business people of the state are in
favor Of shorter hours. Apparently
the reason that they are keeping their
stores open longer is that one or two
non-conformists refuse to be bound by
the rules Of the town as asked by the
majority, and the others are compelled
to meet that competition"
The Attorney Generals office has in
formed O'Byrne that Judge Halter
sly's decision in no way effects the
enforcement of the law, and he wishes
to reiterate the warning he has been
issuing broadcast during his recent tour
of the state, that any future violations,
when found, will be prosecuted.