Evening star., 1937-05-23
and the section setting up the Labor
Standards Board.

oAA oAAS OSSoASA SSVCiAl6 AP eAAS A1SSol
Standards Board
Certain conditions are defined as
Oppressive wages below 40 cents
an hour, work week OF longer than
40 hours, the employment OF children
younger than Is, and the use Of strike
breakers, except to preserve essential
public service. and the use of spies
to discover the union Affiliations or
political or economic views of workers.
Defines Proof of Violation.
The bill will prescribe that proof
Of the existence OF substandard con-
ditions in an establishment within
80 days preceding the removal OF the
goods shall constitute prima facie evi-
dence of violation of the act.
The Labor Standards Board may
revise upward or downward the STAN
dard wage and hour provisions of the
act, provided the board does not de-
press the levels below those consistent
with the standard of living necessary
for the preservation of health and
efficiency. 1t may vary the standards
to avoid throwing persons out of work
or interfering with new opportunities
for employment. 1t may make excep-
tions to meet unusual situations.
In fixing wages the board will be
instructed to take account OF the
cost of living, the reasonable value
OF the services rendered, wages for
comparable work fixed by collective
labor agreements. and wages for COM
parable work paid voluntarily by fair
employers elsewhere in the country.
Factors in Fixing Hours.
In fixing hours, some of the factors
the board will be required to con-
slider are: The health of the workers,
the number of persons available for
employment in the occupation, with
which the board is dealing, and hours
for comparable work fixed by COL
lective bargaining agreements or
fixed voluntarily by fair employers
elsewhere.
The board would be allowed to
make exceptions for smaller employers,
for learners and apprentices serving
under conditions prescribed by the
board, the employment of physically
handicapped or aged persons, overtime
during seasonal rushes, or during
emergencies, and in other special
cases.
The third part of the bill prohibits
the transportation or sale in inter-
state commerce of any goods pro-
duced under substandard labor con-
ditions. This revives the legal prin-
ciple of the first child labor act,
enacted by Congress in 1916 and
invalidated by the Supreme Court
in 1918 by 5-4 decision in Hammer
VS.. Dagenhart. Administration law
yers believe that even as presently
constituted, the Supreme Court might
overrule this decision, just as it
recently overruled its previous 5-3
and 5-4 decisions on State minimum
wage laws for women.
Provides Labor Standards.
The. fourth part Of the BILL which
overlaps the other parts to some ex-
tent, provides for the maintenance Of
fair labor standards in particular
situations directly affecting interstate
commerce This is in reality the
second line of legal defense, designed
to enable the Labor Standards Board
to function If the court should refuse
to overrule its 5-4 decision Of 1918.
Labor experts assert that this alterna-
tive might help to protect existing
standards but probably would be in
effectual in reaching many situations
where low wages and long hours are
notorious.
The last part of the bill deals with
general administrative provisions. The
Labor Standards Board is given broad
powers to subpoena witnesses and
records, to prescribe records for en-
ployers to keep. It is authorized to
order employers to cease sub-standard
practices, and to enjoin In the Federal
courts the shipment of goods in inter-
state commerce. It Is authorized to
classify employees by the type of work
done or by industries, and to make
allowances for geographical and loca!
differences, and to appoint advisory
committees. In investigating condi-
tions in particular industries, it is
instructed to use, 50 far as possible,
the facilities of the Department of
Labor.
The penalties have not been deter
mined, according to Connery.