Montana labor news., 1938-07-21

A0A Will NiboclllCdllOll Wlllllll SDlll
industry the highest minimum wage
rate (not in excess of forty cents an
hour which Cd will not substan-
tally curtail employment in such
classification and ~ will not give
a competitive advantage to any
group in the industry, and shall
recommend for each classification in
the industry the highest minimum
wage rate which the committee de-
termines will not substantially cur
tail employment in such classified
ton. In determining whether such
classifications should be made in any
industry, in making such classified
tons, and in determining the mini
mum wage rates for such classified
tions, no classification shall be made
and 40 minimum wage rate shall be
fixed, solely on a regional basis, but
the industry committee and the adj
ministrator shall consider among
other relevant factors the following:
% Competitive conditions as af-
fected by transportation, living and
production costs.
~ The wages established for
work of life or comparable character
by collective labor agreements nego-
tiated between employers and en-
ployees by representatives of their
own choosing; and
90 The wages paid for work of
like or comparable character by en-
ployers who voluntarily maintain
minimum-wage standards in the in
dustry.
To Report to Administrator
I'D The industry committee shall
file with the administrator a report
containing its recommendations with
respect to the matters referred to it.
Upon the filing of such report, the
administrator, after due notice to
interested persons, and giving them
an opportunity to be heard, shall by
order approve and carry into effect
the recommendations contained in
such report, if he finds that the
recommendation are made in ac-
cordance with law, are supported by
the evidence adduced at the hearing,
and, taking into consideration the
same factors as are required to be
considered by the industry commit
tee, will carry out the purposes Of
this section; otherwise he shall dis
approve such recommendations If
the administrator disapproves such
recommendations, he shall again re-
fer the matter to such committee, or
to another industry committee for
such industry, for further considera-
ton and recommendations
(e) No order issued under this Sec
ton with respect to any industry
prior to the expiration of seven years
from the effective date of this act
shall remain in effect after such ex-
piration, and no order shall be issued
under this section with respect to
any industry on or after such ex-
piration, unless the industry commit
tee by a preponderance of the evil
dence before it recommends, and the
administrator by a preponderance Of
the evidence adduced at the hearing
finds, that the continued effective
ness or the issuance of the order, as
the case may be, is necessary in order
to prevent substantial curtailment of
employment in the industry.
(f) Orders issued under this Sec
ton shall define the industries and
classifications therein to which they
are to apply, and shall contain such
terms and conditions as the admin
istrator finds necessary to carry out
the purposes of such orders, to pre-
vent the circumvention or evasion
thereof, and to safeguard the mini
mum wage rates established therein.
No such order shall take effect until
after due notice is given to the issu-
ance thereof by publication in the
Federal Register and by such other
means as the administrator deems
reasonably calculated to give to in
terested persons general notice of
such issuance.
(g) Due notice of any hearing pro-
vided for in this section shall be
given by publication in the Federal
Register and by such other means as
the administrator deems reasonably
calculated to give general notice to
interested persons.
Section g.. For the purpose of any
hearing or investigation provided for
in this act, the provisions of sections
9 and 10 (relating to the attendance
of witnesses and the production of
books, papers and documents) of the
Federal Trade Commission Act of
September 16, 1914, as amended
u. S. c., 1894 edition, title IS, sec
tons 40 and 50), are hereby made
applicable to the jurisdiction, pow
ers, and duties of the administrator,
the chief of the Children's Bureau,
and the industry committees.
Court Review
Section 10 (a). Any person ag-
grieved by an order of the admins
traitor issued under section 8 may
obtain a review of such order in the
Circuit Court of Appeals of the
United States for any circuit where
in such person resides or has his
principal place of business, OF in the
United States Court of Appeals for
the District of Columbia, by filing
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