Evening star., 1943-11-15
Supreme Court
will Review
Portal PayCase
Ore Mines Dispute
Nay Have Bearing
On Coal Contract

COURT REFUSES to review de-
cision upholding ban on political
contributions by holding COM
panies. Page A-12
The Supreme Court today
agreed to review a case involving
the question of whether time
spent by iron ore miners in
Underground travel is compens-
lble under the Wage Hour Act.
The litigation is looked on as
important because of it's possible
bearing on the demands of the
United Mine Workers for portal-to-
portal pay, one of the major
stumbling blocks in their contro-
Versy with coal operators.
The principle was recognized in
the 1ckes-Lewis wage agreement
under which coal mines are being
Federally operated. In the ore case
the Government has lined up with
unions and contended that workers
should receive this pay.
Previously Upheld.
The ore case was instituted bv
the Sloss-Sheffield Steel and Iron
Co., the Tennessee Coal, Iron and
Railroad Co. and the Republic Steel
Corp. which asked for a declaratory
Judgment in Federal District Court
IN Alabama to determine their
liability for the underground pay.
In both District Court and in the
Fifth Federal Circuit Court of Ap-
peals, it was held that the Wage
Hour Act requires this payment to
be made.
Under that law, hours in excess
OF 40 must be paid for at the rate of
time and one half.
Similar litigation now is pending
in Federal District Court in Virginia
to determine If ccal miners are en-
titled to travel pay.
Fahy Backs Payment.
Granting Of a review means that
the case will be set for oral argu-
ment in few weeks, after which a
formal opinion will be delivered.
Opposing Supreme Court review.
the Justice Department asserted
that the Circuit Court decision was
correct"
Solicitor General Charles Fahy
said the travel underground to and
IRON the actual site of employment
was accompanied by the greatest
discomfort and inconvenience and
by considerable peril"
The facts in the record, with
forceful eloquence, establish that the
miners are not only employed dur
ing underground travel but are en-
gagged in hard work"
Interpretation Challenged.
The company said the Circuit
Court decision had been used as
"a judicial precedent in support of
the claim OF the United Mine Work
erS of America that it was the in
tentlon of the Congress to include as
a part of the work week all of tive
Underground time of coal miners" "
the Circuit Court, the company
added, gave construction to the
words work and work week rad
ically different from the general
concept of these words as under
stood and acted upon by all inter-
ested parties for many years in the
IRON ore mining industry"
Rent Case Review Set.
The court also agreed to review
litigation involving the constitu-
tionality of the OPA rent control
program.
The Justice Department appealed
from decision by the Middle
Georgia Federal District Court
holding the legislation to be uncon-
stitutional.
The Georgia tribunal held the
rent control program was an uncon-
stlutional delegation of legislative
power.
The Supreme Court already had
agreed to review litigation, brought
by two Boston meat dealers, in
volvlng conStitutionality of price
fixing provisions of the emergency
price control act.
In another case the court refused
to review decision holding consti-
tutional the rent control provisions.
Constitutionality of the legislation