Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-08-17

courts recently have held lessees OF mininr
property to be employees OF the mine owner
One OF the cases was decided By the suDreu
court Of Utah under the Utah unemployment
compensation act. DESIGNATED as National Tun
mel and Mines Company " Industrial Com
decision was under the Fair Labor stand
ards act and was rendered by a federal judg,
in oregon as a result OF proceedings Instituted
nv the wage and hour division AGAINST tn,
Cornucopia Gold Mines company IN both o
such cases. Colonel Fleming stated the mlnfne
company exercised complete control over the
operations performed by the iessees
VIII the operator be protected from liabiIit,
u he reduces the hourly rate to avoid ths
payment OF overtime2 rather familiar ex-
ample Of this particular device is illustrated
by the case OF the employer who, az the time
the act became effective. was paving his en-
oloves 50 for a normal work day OF eight
hours. normal work week consisted OF
seven work days. Thus. the employees earned
employer calls his employees together and
makes a little speech He tells them that Il
is necessary for him to pay them on an
hourly rate He has decided he saws to psy
them AZ cents an hour for the first seven
hours OF each workday. and II cents (time
and half AZ eentsl for the eighth hour He
esfs them TO agree to this new wage schedule.
Since the plan means no change whatever In
either hours or total earnings, the employees
nav not hesitate to accept It. The difficulty
with this little scheme, however Is that Il
is fictitious. In actually the employees are
sf'll receiving 81 for an eight-hour day. And
this employer does not comply with Section 7
Of the act unless he pays his employees time
and one-half so cents for each hour they
work In excess of 40 hours a week
Is Mining Interstate?
The divisions attorneys believe that
pairs or alterations to existing structures used
in the production of goods for interstate
Is covered by the act. whereas the
construction OF entirely new structures may
be exempt.
trust have been able to show you that
We are fully aware of most Of the problems
that perplex you under the wage and hour
law. reVret that Pm not able on the spur
gaton-proof answer to every uestion that you
may be able to ask. do not think anybody
AN do that Some OF those questions can be
finally only by the courts.
It would be pleasant, too II I could show
zach Of you how you can comply with the
ew without II costing you a single cent But
can't do that. either. don't think con-
iress expected that you were going to be
ble to comply without 1t costing you some
hing. The wage and hour law is social legis-
alton in the broad sense and. like most
'ther good things. the attainment OF It's
objective involves some sacrifice to some
'ody. Anything really worth having seldom
ONES to US absolutely free Of charge. II
vas expected, however. that, though some
Employers might have to pay more for labor. |
hey in common with the rest of us, would
enefit in the long run from increased mass
uying power, better national health, and the |
reater contentment of workers. These bene- /
its We are now BEGINNING to enjoy
u. s. Fosters Mining
7 think 1t fair to point out too, that the !
rice OF metals generally has been rising for /
he last two years. The impetus given to /
usiness by the great national defense pro- |
ram, in which metals Of all sorts are vitality |
eeded, will be especially to the advantage Of |
l'ne operators. might also say that your !
overnment for some years, due to its none
airy policies, has been substituting gold and |
liver mine owners. Indeed, but for these
lbsidies. many mines that are operating at
profit today, would be shut down. I do
OF think 1t would come with good grace
rom those who are enjoying q government
ibsidy to refuse the reasonable request OF
nat same government that they do their
art in helping TO improve the lot Of the
orkers who mine their wealth for them
Quotes Mining Editor
An editorial by Charles F. Willis. editor
the Mining Journal reflects. like to
mink. the best opinion Of the industry.
While the person who thinks that the wage
nd hour law, and other reform legislation.
lined to give as his answer. Repeal the
hole - thing he wrote, we must
scognize the fact that the idea OF a floor
,r wages and a ceiling on hours is here
stay. We can travel farther by determin-
lg among ourselves Just how that principal
an be retained. yet fitted to an industry |
nat requires continuous operation in remote |
at is urged that those who are conducting
lining operations. and who have had trouble !
making the present law fit their own sit
alton. advise the investigators Of their diff
cultes and maybe, out Of the maze of
lcts gathered an answer will be found where
3 the mining industry can be granted the
nanges necessary to make the law workable.
. after cooperating and trying to find the
nswer and retain the principle, 1t still can
ot be made to operate without undue hard
nip on both employe and employer. the
.medy Of repeal is still open.
1.-The mining industry has no quarrel or
'ouble with the wage provisions It pays
II In excess Of the minimum provided, but
he hours provisions create many problems
nd inflict much hardship upon both the own
s and workers in the metal mines. 1t is
ot an unsolvable problem. but can be worked
1t better by getting our heads together in
rather than butting them against
lch other" So wrote Mr. Willis
I. too. feel that the principle Of a floor
lder wages and ceiling over hours is here
stay. suggest. therefore, that industry,
Dor and the division cooperate to accom-
fish its purpose
Scientists have been unable to dis
Ose entirely of the hoop snake
With - tbe belief that the sT,aka rolls |