Evening star., 1938-10-02

Fsf'Sot tftC lNuttOUut LuOOT
Relations Act in 1885 and the Fair
Labor Standards Act at the last
session OF Congress. In some cases
contracts made under the former
haze been found not to conform
Dtth provisions of the latter.
By REX COLLIER.
A Joker" in the Fair Labor Stand
ARDS Act has created for the new wage
and hour division of the Labor De-
partment and for the National Labor
Relations Board a joint dilemma
threatening to hamper administration
OF the act when certain voluntary
labor agreements exist between en-
ploye and employer.
Oficias Of both agencies are
scratching their heads over an obscure
provision-inserted in the act at the
last minute without full realization of
its implications-which requires the
labor board to certify labor contracts
proposed as basis for exemption from
nour standards Of the law.
The effect Of the proviso Is to con-
'front.' the labor board with a task it
believes Is impossible Of ACCOMPLISH
ment without reorganization and ex-
pansion OF its staff 1t has neither
the money nor the authorization for
such expansion. Meanwhile the Wage
and Hour Act rapidly nears the date
set for 1t to become operative
October "a.
Moreover, the board does not believe
1t has legal authority or obligation to
render the certification services re-
ferred to in the Wage and Hour Act.
Its own statute, the National Labor
Relations Act, is interpreted as limit
ing certiflcation to cases In which
complaints have been filed and hear
1ngs held. Thus, although there have
been more than 5000 agreements by
voluntary action since passage of the
labor act, the board has deemed il
necessary to issue certifcation orders
In only 370 cases. --.
No Facilities or Jurisdiction.
II this procedure were revised and
expanded as provided under the Wage
ana Hour Act, the Labor Relations
Board apparently would be. called
upon to certify agreements entirely
outside its Official Jurisdiction.
The problem did not deyelop Until
omcials Of the Wage and Hour Di-
vision began to map plans for de-
tailed administration of the Fair La
Dor Standards Act. An informal in
quiry, 1t is understood, elected the
information from the Labor Board
that no facilities are available for
certifying labor contracts other than
as specified in the N L. R. law.
To complicate things further. the
American Federation of Labor Of
f1cially has advised all its unions it is
unnecessary for them to seek certi-
f1cation by the Labor Board. The
wage-hour law specifies that the agree
ment in question must have resulted
from collective bargaining "by rep
resentatives of employees certified as
bona fide by the National Labor Re-
lations Board" William Green, A..
F. of L. president, has notified his
unions that they are always within
the designation of bona fide' repre-
sentatives for the purposes of this
act' and that 'it is not necessary,
therefore, for unions affiliated with
the A. F. of L. to seek certifcation by
the National Labor Relations Board
to establish their status or right to
enter into agreements referred to in
the act"
Officials Of the A. F. of l.. are of
the opinion the clause in section Z
Of the act with respect to certifca-
ton is so restrictive as to affect few
II any Of its union agreements, any
way.
To Bar Dummy Pacts
This clause, they point out. exempts
employers from paying overtime rates
to their employees if hours in excess
of the legal maximum are established
by agreement with bona fde groups
of employees as a result of collective
bargaining. The restriction is that
such agreement must provide that
mo employe shall be employed more
than 1000 hours during any period
Of 26 consecutive weeks" or, if on an
annual basis, for mot more than
1000 hours during any period of 50
consecutive weeks" This represents
an average work-week of 38 hours
and % minutes. This low maximum
exists in few labor contracts, 1t was
said.
The provision for certiflcation, A. r.
Of L. officials declared, was inserted ito
prevent any dummy agreements made
by employers with company unions, or
the so-called independent unions, for
the purpose Of evading the overtime
penalty"
Under Labor Board regulations, cer-
tification may be effected only on re-
quest of the employe-not of the en-
ployer. Therefore. the employer who
has entered into collective bargaining
agreements which might exempt him
from payment of overtime must de-
pend on his employees to make the
necessary request for certification.
Such agreements would not exempt
the employer from complying with
minimum wage standards fixed by the
Wage and Hour Administration. The
act states that mo provision of this
act shall justify any employer in re-
ducing a wage paid by him which is
in excess OF the applicable minimum
wage under this act, or justify any
employer in increasing hours of en-
ployment maintained by him which
are shorter than the maximum hours
applicable under this act"