Toledo union journal. [volume] (Toledo, Ohio) 1942-current, 1946-12-27
An important Labor Victory
Por+oI.To-Por+oI Case of Mt. Clemens Pottery
Company Discussed
Continued from Page 1

The United States District Court permitted Labor
Union remain party plaintiff but required employees who
sought representation file specific designations although the
Fair Labor Standards Act of 1888 specifically permits action
brought by employees themselves
employees similarly situated"
The trial held before Special Detroit
and than 10000 pages of testimony The
Special Master ruled against the employees Appeal taken
the United States District Judge who adopted
formula providing that employees should be entitled
pensaon for time spent in walking the premises and in
preliminary duties exceeding minutes in the 0nng and
minutes after provision
ing the work. either in the evening and under the
District Courts decision time beyond that
shown the time clock cards. This suit instituted origin
ally the required employees report
much Ia minutes before starting time, paid
ployees only from the subsequent quarter hour The
appealed this the United States Circuit Court of Appeals
for the Sixth Circuit 2) The United Circuit Court of
Appeals reversed the District Court describing the formula
adopted as abitrary and dismissed the action.
The u S. Supreme Court admitted application
for Writ of Certora In rendering its decision the U S.
Court split five to two Justices Fanker and Burton
dissenting There three distinct farreachng principles
enunciated by the u Supreme Court this which will
be discussed in order
First the Supreme Court indicates that the Fair Labor
Standards Act of 1888 requires employers keep
ords of time worked the past employers
were inaccurate inadequate the employee denied
covery the ground that he unable precise
extent of the work for which he uncompensated The Cir
cult Court of Appeals Special Master held this
that the upon employees prove by pre-
pondeance of evidence that they did receive the
dence rather then conjecture the extent of overtime worked
being enough for them merely average
overtime worked The Supreme pointed this
presented unfair obstacle the employees sought
and placed premium employers failure to
keep records in conformity with his statutory The
Circuit Court held that:
"In such situation we hold that employee has
red out his burden he proves that he per-
formed work for which he improperly
satedu and If he produceV sufficient evidence show
that the amount and extent of that work a matter
of just and reasonable inference the burden then shifts
to the employer to forward with evidence the
o WOrk OrW wifi aViden tn
negative the reasonableness of the inference be
drawn from the employees evidence the employer
fails to produce such evidence, the court may then
award damages to the employee, though the
suit be only approximate. See note 43 Columbia Law
Review 355"
Second United States Supreme Court held that en-
ployees entitled to be compensated spent
employers premises at employers request The Supreme
Court emphasizes that the employed required employees
to punch in walk to work benches perform preliminary
duties during the periods preceding following productive
work. and the activities in subsequent
fore, that:
"Since the statutory work week includes all time dur
Ing which employee necessarily required to be on
the employers premises, duty at a prescribed
work place, the time spent in these activities
accorded appropriate compensation"
And that
'The time necessarily spent by the employees in walk
ing to work on the employers premises, following the
punching of the time clocks, working time within
the scope of Section (a)."
The Court pointed out that:
"Such time under the complete control of the EN-.
poyer being dependent solely upon the physical ar.
rangements which the employer made in the factory
Those arrangements in this compelled the EN-.
poyees to spend estimated minutes dalv
If not more in walking the premises Without such
walking time the part of the employee the produc
tive aims OF the employer could have been
achieved"
To Be Concluded Next Week