Montana labor news., 1936-08-06
MONTANA MAY
BE VIOLATING
ITS own LAWS

Labor Commissions Edward O'Bryne
has his hands full these days trying to
correct violations of the 8-hour law,
not only in private businesses,bu ap-
parently in the state institutions, as the
following letters would seem to indi-
cate. The first letter is a communca-
ton from Mr.. O'Bryne to the Cover
nor, relating to alleged violations of
the law in state institutions, and the
second letter is a reply by the Cover
nor to Mr.. H'Bryne.
2 -
Hon Elme s IT,
Helena, M I IA.
Dear Gov 8
Some t lgo | received complaints
to the ) that nurses and others
were be z worked for a longer period
than ei.I hours a day at Galen Tu-
berculf 5anitarium and the Hospital
for tn ane at Warm Springs. Upon
inves ng these complaints, 1
learf chat they were founded on
fact.
While discussing the matter with DR..
Bolton at Warm Springs, he admitted
that some nurses were working twelve
hours a day for a small monthly salary,
and stated that his appropriation didn't
permit him to spend any more money
for this kind OF help. He stated,
furthermore, that if he was compelled
TO comply with the state eight-hour law,
and employ more help, his only re-
curse would be to cut salaries and put
three people to do a job that two are
doing now. He expressed the fear that
it would not be possible to get compe-
tent, reliable help TO work for the
smaller wages.
There was a further complaint made
about the Warm Springs institution, to-
wit: That two nurses (female) were
employed in the receiving hospital,
(where new patients are kept for OBJ
servation) working twelve hours on the
night shift. When it came time to eat,
one girl went to lunch and left the other
alone with the patients, and when she
returned, the other one left. During
this period, it wa alleged, that on sew
eral occasions the girl who was left
alone was compelled to call upon the
more a m patients to assist her in re-
pelling an attack upon her by the
crazier ones. Dr.. Bolton admitted that
this wa a bad situation, but he had no
record Of an attempted attack.
During our conversation, he sug-
gested that before making a report, l
ought to check on the other state in.
situations. | did so, and | find that
the State Industrial School for boys at
Miles City, the Orphans Home at Twin
Bridges and the School for Deaf, Blind
and Feeble Minded at Boulder, are
all working some Of their people more
than eight hours a day.
The several branches OF the Univer-
sity all report that, excepting the fac
ulty, all employees are working not
to exceed eight hours per day. There
are a few state institutions upon which
| did not make a check.
l I'M calling this to your attention as
Governor and Chairman Of the various
governing boards, and also in view Of
the fact that Mr.. Nagle, Attorney Cen
eral, has written an opinion which
seems to cover this subject, to-wit:
Question: You have requested my
opinion as to what number of hours
constitutes a day for mattresses in col
lege dining rooms and guards at the
state ~penitentiary.
Answer: Section 4 OF Article XVIII
reads as follows:
"A period of eight hours shall
constitute a days work on all
works or undertakings carried on
or aided by any municipal, county
or state government"
Section 3079 as amended by Chapter
116 Laws of 1929 contains similar
language. In view OF these express
provisions of the Constitution and
statute, it is my opinion that mattresses
in the dining rooms Of schools main
tanned by the state, as well as guards
at the state penitentiary, are included,
and therefore eight hours constitutes a
days work for them"
Sincerely yours,
EDWARD O'BRYNE,
Commissioner Of Labor.
o y q
Mr.. Edward O'Bryne