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

effect OF the Fair Labor Standards act on
the metal mining industry.
In addition. the members Of the metal
mining industry have written a good many
their problems. objections and difficulties
encountered in complying with the act
Is Double Headache
Anyone reading even a small part OF this
literature would have to conclude that the
wage and hour law has been a continuing
headache to the mining industry. But I can
assure you that II the attempt to apply the
act to metal mining has been headache
to YOU. 1t has been exactly no bed Of roses
to those OF US who are CHARGED with the task
Of enforcing the law fairly and impartially,
health and well-being congress intended to
protect. and to the mine operators whose in
vestments and profits are at stake.
part of the difficulty arise from the
nature Of the mining industry, as we'll as
from the location Of a great many mines.
Mining operations are carried on under
vide variation Of climatic and living con-
ditions. In the west. locations Of mines run
the gamut from the hot dry climate Of the
desert to the high attitudes in the mountains
where temperatures ere very low and the
roads poor with a good many locations in
or near large cities. There are low grade
mines and high grade minis. mines with large
ore bodies and small veins. To apply to all
cf them a single standard OF labor condt-
tons is admittedly difficult. Part Of the diff
ficgltv is also due to PSYCHOLOGICAL factors
and the changes required in the customs and
TRADITIONS OF the INDUSTRY. MINING III bKliS
country has always been a hazardous under
taking. not only for labor hut for capital
too You have always thought Of your OPP
erations in terms Of an 8-hour shift and
pay was based the shift rather than on
an hourly rate.
Says Law Is Flexible
great many mining operations are carried
en- in remote small camps, but large mine
always starts out as a small operation. so
that the industry has found 1t necessary to
develop its own unique disciplnes and would
inst naturally find 1t difficult to accept reg
uation imposed from without. Congress, when
it undertook to put a universal rising floor
under wages and a lowering ceiling over
hours, recognized that American industry IS
diverse and that flexibility was essential. It
provided for certain flexibilities. and while
not all the elasticity Is available to your in
dustry some Of it may be-
REGARDING Overtime
For example. provision made for the
employment Of learners. apprentices and
handicapped workers at wages less than the
minimum method was devised for the
partial relaxation of the hours requirements
ture and this has been applied to certain
gold placer operations Certain industries are
wholly exempt from the hours provisions or
from both the minimum wage and maxi
mum hours Certain occupations we're ex-
empted from the hours provisions, such as
those Of executives. professional workers ana
outside statesmen Provision was made whereby
partial relaxation from the hours require
ments, may be obtained under certain types
Of collective bargaining agreements. Finally
the hours standards are not hard and fast
limitations. Employees can be worked any num-
Der Of hours a week provided only that
time and half is paid for hours in ex-
cess Of the statutory maximum.
you having any difficulty about meeting the
Only in a few exceptional instances are
minimum wage requirements Of the act. Wages
In metal mining generally are far in excess
OF the present 30-cents- hour minimum OF |
the statute Your problems are related al
most solely to time-and-a-half for overtime.
The problem most frequently presented is