Evening star., 1940-11-10

we're threatening to strike over a
wage dispute. 1t was estimated that
the cost to the Government in this
instance will be increased $1,000 by
the new schedule. which provides
for time and one-half for overtime
and limits the basic work week.
The total cost Of the project was
not given.-
Penalty Clause Is Alive.
At the same time, in another de-
cision made public at the General
Accounting Office, the Secretary of
the Interior was advised that the
penalty clause of the old eight-hour
law can be invoked against con-
tractors who fail to pay the over
time rates prescribed by defense
legislation. The decision. signed by
former Acting Controller Cen
eral Richard N. Elliott, said, how
ever, that the penalty-S5 for each
violation-would not be imposed for
non-payment of overtime rates
when the excess work is due to any
extraordinary events or conditions
of manufacture or to any emergency
caused by fire, famine or flood, by
danger to life or to property"
The trouble in Jacksonville CEN
tered around a contract negotiated
in June with the Blythe Bros. Co.
Mr.. Warren's decision disclosed that
the situation grew so serious when
the Blythe concern refused to be
bound by the overtime provisions of
the Defense Appropriation Act,
which was not signed until two
months later, that Sidney Hil.man,
labor member of the Defense Com
mission, intervened and urged that
the workmen receive the increased
pay which they rightfully demand.
Framed on Davis Bacon Law.
At the time the contract was en-
tered into, it was framed in accord
ance with the Davis Bacon pre-
vailing-wage law, and the only
provision concerning hours was that
prescribing an eight-hour work day
Because of the urgent reed for the
water and sewer systems, some of
the concerns sharing in the contract
were operating on a -day-Week
basis, with no corresponding pro-
vision for overtime
With the passage of the Defense
Appropriation Act calling for time
and one-half for overtime after
eight hours daily and forty hours
u-oplylV tnn a ctotiSSY1 urnrGnrc ln
manded that their pay schedules be
adjusted accordingly, but without
result, Some who refused to WORK
on Saturday or Sunday were dis
missed, and it was then that the
Defense Commission intervened, MI
Hillman finally advising the Secre-
tary of the Navy that conditions
had reached the point that it was
doubtful whether a strike could be
longer delayed.
Says Short Week Is Policy.
Reviewing the case and pointing
out that a defense bill passed late
in June permitted contract revi-
sions when necessary Ito expedite
military and naval defense" Mr.
Warren said that by a number OF
legislative enactments Congress
clearly has established the policy
OF limiting the work week to &c
hours, unless overtime rates are
payable thereafter, then added:
In view of the abnormal condi-
tionS resulting from the present
emergency and the expressed policy
of Congress, 1 have to advise that
If it becomes necessary in your
opinion-under conditions similar
to those obtaining with respect to
contract cat jacksonville and in
order to avoid delay or other serious
interference with the national de-
fense programme modify any ex-
listing contract to provide that the
contractor shall pay time and one
half for hours worked by its en-
ployes in excess OF 40 per week and
be reimbursed for the wages thus
paid, this Office will not object te
otherwise proper payments under
the contract as so modified"