Evening star., 1947-05-14
MESSAGE on Portal Pay Bill

The teri Of President Trt-
mans message to CoHoress today
on his signing OF the portal pay
bin follosos.
have today signed II. r. 2fb1.
the Portal-to-Portal Act Of lo41.
The primary purpose Of this act Is
to relieve employers and the Gov
ernment from potential liability Tor
billions Of dollars In so-called por-
Ital-to-portaI" claims. These claims
have emerged since judicial inter-
probation of the wage and hour
law" raised the possibility that EN-
ployers might be required to pay
back wages for certain activities
which In most industries had not
previously been considered by either
workers or employers to be compen-
sable. I believe that, in the interest
of the economic stability Of our Ma
tion, 1t is essential to clarity thia
matter by statute.
The Portal-to-Portal Act Should
END this uncertainty with respect to
claims of still undetermined magni-
tude. Current wage negotiations
lcan proceed more readily to satis-
factory conclusion, and businessmen
will be able to plan with assurance
for full production and price reduc-
tions. This viii be OF real value to
labor and management In the main
tenance of a continued high level
of employment
am confident that the purpose OF
the main provisions of the act Is to
eliminate the immense potential
liabilities which have arisen as the
result of the portal to- portal
claims. 1t is not the purpose Of the
act to permit violation of our funda-
mental wage and hour standards, o1
to allow a lowering Of these stand
ards. This Is evident from the find
lings of the Congress set forth in
Section I of the act rs to the need
for legislation.
Some Doubts on Effects.
Some doubts have been expressed
to me, however, concerning the
effects of this legislation upon our
wage and hour standards.
Section 2 of the act relates to
existing claims. From my consider
alton of this section, understand il
to be the intent of the Congress to
meet the problem raised by portal
portal claims, but not to invali-
date all other existing claims. The
plain language Of Section 2 OF the
act preserves minimum wage and
overtime compensation claims based
upon activities which were cornpen-
sable In any amount under contract,
custom or practice. Various pro-
visions of the act such as sections
|3, 8, and IL, would be rendered
absurd or unnecessary under any
other Interpretation. Moreover, q
contrary Interpretation would raise
difficult and grave questions of con-
stitutionality.
AS to section 4, relating to future
claims, the legislative history OF
the act shows that the Congress in
tends that the words principal
activities" are to be construed liber-
ally to include any work OF conse-
quence performed for the employer
no matter when the work is per-
formed. We should not lose sight
OF the important requirement under
the act that all principal activities
must be paid for, regardless OF con.
tract, custom, or practice. I an
sure the courts will not permit en-
ployers to use artificial devices such
as the shifting of work to the begin.
ming or the end of the day to ayoie
! liability under the law.
"Good Faith" Provisions.
I wish also to refer to the So
called good faith" provisions O
sections 8 and 10 of the act. 1t ha'
been said that they make each en-
ployer his own Judge of whethel
| or not he has been guilty of a viola
ton. 1t seems to me that thi