Evening star., 1944-05-20
Southern Operators
| Challenge WLB Grant
OF Mine Portal Pay.
By the Associated Press.

Tile UltufnlIlOuS wage aRIeemenL
today revived instead of ended
the year -old coal case.
The decision makes no change In
the daily wage rates and working
which have prevailed
since last November under Govern
ment administration of the mines:
bnt uniformity ceases there because
about three-fourths of the miners
win start collecting $40 back pay in
four monthly installments on June i,
and apparently the others will not.
This distinction, which was not a
choice Of the WLB, is not expected
to pass quietly.
Challenged on Portal Pay.
The explanation Is that members
OF the Southern Coal Operators
Association are not parties to the
contract which more than 10 per
cent of the industry and the United
Mine Workers signed and submitted
to the WLB. The contract settled
portal-to-portal travel time claims
covering three months last spring
for $40 per miner.
Southern operators, headed by
Edward r. Burke. are challenging
the legal obligation to pay tho
miners for travel time and also have
questioned the WLB's authority to
permit the other operators to. paw
voluntarily for travel time under
wage sterilization and existing court
decisions.
The board, voting 10 to 2. found
the terms within the stabilization
policies. Two of the four industry
members dissented, but they con-
Cured in the $40 back pay provision.
Southern Operators Won't Pay.
The effect of the decision is to
transfer the contractual obligation
Tor existing wage and working con-
ditions from Secretary of Interior
Ickes to the operators, thereby per-
mitting probable withdrawal of Gov.
ernmens control Of the mines GOV.
cred by the contract.
Mr.. Burke said the Southern OBJ
orators would not pay the $40.
There is no liability" Mr.. Burke
said, "and no reason to compromise
q liability that doesn't exist. We
propose to carry the court test to
nnal conclusion and to win IT.
UNIV President John l.. Lewis
was out of the city, but a spokes-
man said the WLB's approval of
the contract would restore CONF
dence to the men and enable the
industry to operate at a high pro-
ductive rate" He ventured the
opinion, too. that the Southern op-
orators would be obliged eventually
TO accept all the terms Of the con-
tract.
Principal Change in Contract.
The WLB industry members who
dissented were John p. McWilliams
ana Frederick s. Fales. The two
INDUSTRY members who Joined the
labor and public groups were George
Mead ana Walter T. Margetts.
The principal change In the cor.
tract from the old agreement, which
expired more than a year ago, is the
establishment Of portal-to-portal
Gay OF nine hours. That is a dav
measured from the time the miner
enters the mine entrance until the
Time ne leaves 1t. Under the old
contract, only the time spent in
work at the actual coal face was
measured and the day was seven
hours. sA
In the nine-hour day the under.
ground mine worker has is minutes
Ior lunch, for which he is not paid
he Is assumed" to spend As minutes
travelling underground to and from
MS place OF work. That leaves eight
hours for production-an hour a dav
more than under the old contract.
Inc majority opinion, written by
chairman William H. Davis, ac-
knowledged that an investigation by
presidential committee showed the
travel time to be approximately 81
minutes day, or about IL minutes
more than the assumed" figure.
Inat meant the average miner spent
~ minutes a day in travel for which
ne received pay at production rates.
i $3.50 Per Day.
The wage scale under the old con.
tract was 81 for the seven-hour day.
Under the new one, it is $3.50, with
the calculated extra hour of produc-
ton paid for at q time and one-half
rate. -
Mr.. Davis opinion said that, while
the l2-minute loss in productive
time Is at the expense of the on
orators, they will benefit In direct
proportion to the amount they will
oe able to reduce the travel time in
the Iueure to the assumed average
OF IS minutes or below that level.
under these circumstances" hs
salo, the WLB is convinced that
within the period of time covered
by the contract travel time can and
Will be reduced in the bituminous
coal mines, to the mutual benefit of
the operators and the mine workers
and to the eventual benefit of coal
consumers"
Referring to the Southern opera
tors legal attack upon portal-to-
portal pay and their challenge of
the boards authority even to per-
NIT any operator to pay It. Mr..
| 'AS oaAA tAlC OoulIlcTu EMPLOYERS
retain their rights to seek perth
nent administrative and court rul-
ings. We cannot force upon them a
settlement of their law suit which
we have no power to decide"
Can Continue Litigation.
Their right to continue the ntiga-
ton if they choose stands on the
same footing as the right of the
other operators to settle the litiga-
ton If they want to-" Mr.. Davis
continued.
I'VE cannot refuse to approve the
settlement which the other opera
tors have agreed to merely because
the Southern Coal Operators Asso-
citation does not want to join in 1t,
and we cannot interfere with the
associations continued prosecution
Of the litigation, which they have
a perfect right to pursue"
3 Boys on Roft Saved