Montana labor news., 1938-07-21

GADlICA GCl AllAldtC Aoottta 0Aia W
pursuant to regulations of the chief
of the Children's Bureau certifying
that such person is above the oppres-
siVe child-labor age. The chief of
the Children's Bureau shall provide
by regulation or by order that the
employment of employees between
the ages of IA and l6 years in occu-
pations other than manufacturing
and mining shall not be deemed to
constitute oppressive child labor if
and to the extent that the chief of
the Children's Bureau determines
that such employment is confined to
persons which will not interfere with
their schooling and to conditions
which will not interfere with their
health and well-being.
(m) Wage" paid to any employee
includes the reasonable cost, as de-
termined by the administrator, to
the employer of furnishing such en-
ployee with board, lodging Of other
facilities, if such board, lodging or
other facilities are customarily fur
nished by such employer to his en-
ployees.
Administrator
Section 4. (a) There is hereby
created in the Department of Labor
a wage and hour division which shall
be under the direction of an admin
i~strator, to be known as the admin
istrator of the wage and hour Divi-
sion lin this act referred to as the
administrator. The administrator
shall be appointed by the President
by and with the advice and consent
of the Senate and shall receive a
compensation at the rate of 10000
a year.
(b) The administrator may, sub
jeet to the civil service laws, appoint
such employees as he deems neces
sary to carry out his functions and
duties under this act and shall fix
their compensation in accordance
with the Classification Act of 1928,
as amended. The administrator may
establish and utilize such regional,
local or other agencies, and utilize
such voluntary and uncompensated
services, as may from time to time
be needed. Attorneys appointed
under this section may appear for
and represent the administrator in
any litigation, but all such litigation
shall be subject to the direction and
control of the Attorney General. In
the appointment, selection, classifi-
cation and promotion of officers and
employees of the administrator, no
political test or qualification shall be
permitted or given consideration, but
all such appointments and promo
tons shall be given and made on the
basis of merit and efficiency.
(c) The principal office of the ad-
ministrator shall be in the District
of Columbia, but he or his duly
authorized representatives may exer-
else any or all of his powers in any
place.
Cd The administrator shall sub
NIT annually in January a report to
the Congress covering his activities
for the preceding year and including
such information, data and recon-
~mendations for further legislation in
connection with the matters covered
by this act as he may find advisable.
Industry Committees
Section 5. (a). The administrator
shall as soon as practicable appoint
one or more industry committees for
each industry engaged in commerce
or in the production of goods for
commerce.
(b) An industry committee shall
be appointed by the administrator
without regard to any other provi-
sions of law regarding the appoint
ment and compensation of employees
of the United States. 1t shall include
a number of disinterested persons
representing the public, one of whom
the administrator shall designate as
chairman, a like number of persons
representing employers in the in
dustry. In the appointment of the
persons representing each group, the
administrator shall give due regard
to the geographical regions in which
the industry is carried IN.
(c) Two-thirds of the members of
an industry committee shall consti-
tute a quorum and the decision of
the committee shall require a vote of
not less than a majority of all its
members. Members of an industry
committee shall receive as compensa-
ton for their services a reasonable
per diem, which the administrator
shall by rules and regulations pre-
scribe, for each day actually spent
in the work of the committee and
shall in addition be reimbursed for
their necessary travelling and other
expenses. The administrator shall
furnish the committee with adequate
legal, stenographic, clerical and
other assistance, and shall by rules
and regulations prescribe the pro
cedure to be followed by the COM
mittee.
(d) The administrator shall sub
nit to an industry committee from
time to time such data as he may
have available o. the matters re-
ferred to it and shall cause to be
brought before it in connection with
such matters any witnesses whom
he deems material An ind,,c+r,y