Evening star., 1943-06-19

That, however, was mere specula-
ton.
At the time of the last walkout
Mr.. Roosevelt held out the threat
of draft-deferment cancellation for
strikers. but there has been no word
since on the matter from the White
House. The Chief Executive has not
indicated publicly his attitude to-
ward the anti-strike legislation
which labor chiefs are urging him
to veto.
The WLB's decision that the
travel time issue was a matter for
the courts left the door open for the
UNIV to appeal to the Wage and
Hour Administration and eventu-
ally to the Federal district tribunals
In civil action.
Court Success Cited.
The CIO Mine, Mill and Smelter
Workers, seeking travel time pay in
Southern iron ore mines, have been
successful thus far in the courts.
The union obtained a ruling from
u,
Labor Department, that all time
spent underground was working
time. On that basis their work week
exceeded 40 hours and under the
law they would be entitled to time
and half after the 40th hour.
The Tennessee Coal, Iron g.
Railway Co, and two other steel
concerns, went into Federal District
Court in Alabama and asked for a
declaratory judgmenc to the con-
trary. The local unions counter
Claimed and were upheld by the
district court and the circuit court
at New Orleans last March. The
companies have asked for rehear-
ing. Back wages that would be due
under such a ruling are reported
to run into hundreds of thousands
of dollars.
However in 1910, the head of the
UMC legal department, advised the
Wage and Hour Administrator that
the existing method of measuring
working time at the place of work
In the mine had been the custom
OF the industry for years and anv
change to pOrral-to-portal basis
would cause chaos. The Wage and
Hour Administration then said it
would not disturb the existing
methods.
Lewis Repudiated Agreement.
Mr.. Lewis, in the recent negotia-
tions, repudiated that informal
agreement and said it was not bind
ing on the United Mine Workers.
The WLB split to 4 on it's de-
clSion. Labor members diSsented,
contending the board was confront
ed with a dispute which it should
dispose of finally itself.
we agree with the majority of
the board in upholding the neces-
sity for honoring the no-strike
pledge by all labor" they said, but
that does not absolve the board from
the necessity to perform it's duty
and finally determine the issues
revolving around just grievances of
the miners in this labor dispute
John Brophy, one of the labor
members and a former UNIV off,
clal said Mr.. Lewis refusal to pre-
sent the miners case to the board
was "disservice" to the rank and
file. Van Bittner, also a dissenting
labor member and former UNIV
officer, told reporters that the de-
clslon, however, is the decision of
the National War Labor Board and
the decision of the Government of
the United States of America"
Chairman William H. Davis. in
the opinion for the majority, said:
The inequality in the present
face-to-face' (of the coal seam
method of payment is measured by
the actual time spent by the individ-
ual mine worker travelling to and
from his working place in the mine
1t cannot be removed by a general
increase to all mine workers. After
sucn an increase the inequality
would remain just where it was be-
fore.
Sam Smith, who works seven
hours at his working place in the
mine and has to spend two hours a
day getting in and out, would still
get the same wage as John Jones,
who works seven hours at his work.
ing place in the mine and has to
spend only 20 minutes getting in
and out"
Mr.. Davis said the whole economic