Evening star., 1946-12-23

Employers Map
Portal Pay Fight
In Congress
U. S. Chamber Seeks
To Alter Fair Labor
Standards Act
BY the Associated Press

The United States Chamber of
Commerce disclosed plans today
to marshal it's 1000 member or
ganizations behind a drive in
Congress to relieve employers
from possible 'portal-to-portal"
pay liabilities dating back to
1898.
Spurred by the snowballing claims
of workers in mass production in
dustries for pay-at twice normal
overtime rates-for travel and other
nonproduction time not hitherto
paid for, the chamber will submit
referendum Friday to its entire
membership.
These members in turn will poll
about 10000 companies on a series
of proposed amendments to the
Fair Labor Standards (Wagner) Act
of 1898.
It is this act which makes the
back-pay suits possible. 1t estab-
lished a 44-hour week for the first
year, a 42-hour week in the second
year, then a 40-hour week after
1910 for employees engaged in pro-
ducing goods for interstate COM
merce.
Judge Is Amazed.
Federal Judge Frank A. Picard
of Michigan, whose original deci-
sion in a Mount Clemens, Mich,
case touched off the round of claims,
expressed amazement yesterday at
the length to which it had gone
He told reporter that instead
of any portal-to-portal issue the
only question involved was one OF
overtime for the pottery workers.
His decision, reversed by the Court
of Appeals, was upheld by the Su-
preme Court.
But Judge Picard has the case
back on his desk again because the
high court directed him to determine
the actual amount due to pottery
workers.
The case as it went before the
Supreme Court involved 1900 CIO
United Pottery Workers at Mount
Clemens and the court held that
they are entitled to pay for time
spent preparing for their jobs oil
company property. This became
known as the portal-to-portal de-
cision. because of the contract ar
rangement John L. Lewis won for
his coal miners, covering pay for
time spent in travelling from the
pit mouths to the scene of actual
digging operations.
Rates Doubled.
In the Mount Clemens case, the
court ruled that the pottery workers
had been putting in more than 40
hours a week since 1910 and hence
had extra time coming to them at
overtime rates. Under the law.
these automatically are doubled
when the employe has to go to
court to collect.
The amendments to the Wagner
Act which the Chamber of Com
merce hopes to present to Congress
with the overwhelming support of
American business would:
l. Limit to some period, less than
eight years, the time during which
employers could be held liable re-
troactively.
2. Define clearly what occupations
are in interstate commerce and
thus covered by the act.
3. Validate compromise settle
ments with groups of workers for
back pay under the decision.
Both the Chamber and the Ma
tional Association of Manufacturers
want specific legal standing for
possible settlements with unions
representing their employees because
at present all claims are on an in
dividual basis, even though they are
Jumped together for purposes of
court actions.
Unions Ask Millions.
Following up the 6 to 2 Supreme
Court decision in the Mt. Clemens
case, unions have filed claims for
upwards of $3.50, 0,0O0, 900 in behalf of
employees thus far. And the end is
far from in sight. Some estimates
say a total of $4,000 900 900 may be
sought from employers under the
courts Interpretation of working
time.
The Dow Chemical CO. of Midland,
Mich. already has come to terms
with members of MIR. Lewis District
so, AFL-United Mine Workers, with
a settlement of $4,056,000.
Mr.. Lewis struck in 1943 over
lSee PORTAL All