Evening star., 1937-01-26
D. c. WORK GROUP
TO GET HOURS CUT
Elliott Rules 40-Hour Week
for Certain Glasses of
Per Diem Workers.

A new financial and administrative
problem was dropped into the laps Of
the District Commissioners today
when Acting Controller General r. N.
Elliott ruled the 40-hour-week law
should be applied to certain classes Of
District per diem workers.
+ District officials could not calculate
at once exactly how many of the per
diem employees would be affected by the
ruling, but District Auditor Daniel J.
Donovan said he believed it would have
to be applied to all 1890. 1t appeared
that services would have to be cur
tailed, or additional funds must be
provided by Congress for salary pay
ments.
The ruling applies particularly to
per diem men employed in the sewer,
refuse, water and highway divisions.
where men now are employed on q
44-hour week.
The 44-hour act became law in
March, 1884, but Controller General
Elliott decided the statutory provi-
sions were not "self-executing" and
decided mechanics were not entitled to
their claim to time and q half for
overtime in the past.
But he concluded the wages Of en-
ployes in question who are found prop
erly to be within the terms Of the act
should be adjusted" in accordance
with the act "prospectively effective"
Permanent Per Diem Group.
Mai. Donovan had told the control
Ter general the District had some 1000
permanent per diem men and about
800 on temporary employment basis.
Elliott said the provisions Of the Dis
trict appropriation act for employment
Of services on temporary basis and
limiting employment to nine months
during the fiscal year for certain
classes of work "do not exclude en-
ployes whose wages are paid under
said appropriation from the provisions
of the 40-hour-week statute. Neither
does the fact that the rates Of wages
are fixed on q per or piecework basis
exclude them from the 40-hour-week
provision.
1.-THE Saturday half-holiday law has
no application to employees paid on q
40-hour-week basis"
The District Wage Board, it ap-
peared from the Elliott ruling, had
divided per diem workers into four
major groups. Under the mechanics
group are listed trade foremen, senior
mechanics, mechanics, junior me-
chanics, minor mechanics and sub
mechanics. Under labor group were
listed labor foremen, labor subfore-
men, skilled laborerS, laborers, drivers,
watchmen and junior laborers Under
an auto driver group were heavy truck
drivers, light truck drivers and pas
senger car drivers. The fourth classi-
f1cation was a checker group consist
ing Of material checkers.
Terms of Statute.
Discussing which Of these groups
should be included the controller gen.
eral said "some of these classes of
positions would appear to be within
the terms Of the act-particularly
those under the mechanical group and
perhaps some classes under the labor
group.
"But it Is doubtful whether the last
three classes under the labor group or
any OF the classes under the auto
driver group or the checker group
come within the term several trades
and occupations as referred to In the
statute.
For instance, the classification act,
as amended by the WEIGH act Of May
%, 1928, seems to include in grade 8
Of the custodial service positions re-
quiring the guarding Of ofnces and
storage buildings and those operating
passenger and freight automobiles
1.-THE proper classification Of these
positions Is question for administra-
tive consideration