Detroit evening times. (Detroit, Mich) 1921-1958, 1943-04-26
Here is the Mine Unions
cum argument AgGinst
"PortaI to PmtaI".


The OPERATOR objections 70 portal 20
portal" are identical with objections that
have been expressed officially by the
United Mine Workers of America.
Below are excerpts from letter thar
was signed by Earl E. Houck, Director of
the Legal Departmental the United Mine
Workers of America, a. m authorized
agent of the Union.
The letter was sent on July 9, 1910 20
Col. Phillip B. Fleming, Administrator
of the Wage and Hour Division of the
Department of Labor. Ii was prepared
jointly by representatives of the operators
and the miners union TO explain why the
method of payment for the days work
in the coal industry does not contravens
the standards of the Pair Labor Stand.
ards Act. Administrator Fleming ruled
that this method is in accordance with
the Act.
Here are the excerpts. Each one was
officially endorsed by the United Mine
Workers of America.
COAL LABOR STANDARDS HIGHEST o. AMY
lNDuSTRY-"It is our opinion that these
substantive provisions of the (Appala-
chian) agreement are among the highest
standards of labor provided in any indus
Try in the United States both as to hours
of working time and as to wages paid.
There is full and complete understanding
in the industry between employer and
employees as TO the application of these
provisions. This method of measuring the
working time at the place of work has
been the standard provision in the basic
wage agreements for almost fifty years
and is the result of collective bargaining
in It's complete sense"
IMPRACTICAL 10 MEASURE TIME BY orHfR
METHODS The impracticabiliry of meas
uring time by any other method is in
herent in the very nature OF mining coal.
Coal mines are sometimes very extensive.
When they are first opened, the working
places are, of course, close by and near to
the opening of the mine. In such cases,
there is no problem of either transporta-
ton of the men to the working places or
time consumed in reaching them; but as
mines grow Older, the working places
move farther and farther from the portal
or opening of the mine, and as such con-
ditions develop, il becomes necessary for
provision TO be made for transportation
of the men over long distances to their
working places"
HIGH RATS or PAY - 'Unifofm hish
rates of pay that have always been In
Guided in the wage agreement of the
mining industry contemplate the en-
ployee's working day beginning when he
arrives at his usual working place. Hence,
travel time was never considered as a
part of the agreement or obligation of
the employer to pay for in this industry,
nor as hours worked by employees. and
this has been the case since the eight-hour
day was established-April /, 1898"
CHANGE WOULD RESULT IN CHAOS IT is
urged that any ruling requiring such .
change in the customs, tradition and con-
tract provision so as to change the work
day from y hours work in the mine NJ
the usual working places" to any new
standard for the measurement of time
worked, and TO the adjustment of wage
rates made necessary thereby would Gre
ate so much confusion in the Unanimous
industry as to result in complete chaos
and would probably result in a complete
stoppage OF work at practically all of the
coal mines in the United States"
COLLECTIVE BARGAINING WOULD d. IN.
POSSIBLE - Such a ruling, moreover,
would establish such diversity of time
actually spent at production work as be-
tween different bituminous coal mines
that there would be no basis on which
any general wage scales could be predi-
Gated, collective bargaining would there
fore be rendered impossible throughout
this industry, and the very purpose Of the
Fair Labor Standards Act would be de.
feated."