Evening star., 1947-01-24
Portal Suits Involve
More Than Money
Way Seen Opened to Regulate
Workers Every Moment
BY David Lawrence

Workers Every Moment
By David Lawrence
More than money claims is involved
in the portal to portal" pay dispute
If the Supreme Court ruling is allowed
to stand, the way is opened to the regu-
lation of every single movement Of time
of the worker notwithstanding what his
union contract or individual bargain
may be.
The AFL wisely has refrained from
present portal to portal" claims and
argues that what constitutes work
week" should be left to the employers
and employees to determine by agree
ment as always has been the custom.
The CIO, on the other hand, for some
unexplained reason has chosen to file
suits involving billions of dollars and
has done more damage to the cause Of
organized labor than it can ever recover
through money claims.
For, if Congress has the right under
the Constitution to define work week"
and what constitutes work done within
40 hours, it has the power to prescribe
the duties of workers in that period
and to rule on whether the employer
has or has not received a days work
for given days wage.
.. Dangerous Ground
The Congress purposely refrained from
defining work week" and no good
purpose will be served now by trying
to- write definition. If the Congress
will, in effect, nullify the Supreme
Courts ruling by declaring that work
week" is whatever is agreed on by
unions and employers, or between in
dividusl employees and employers where
no union exists, the situation will be
clarified.
To try to define work week" would
raise questions of constitutionality.
Congress can make no law prescribing
obligations of work for any individual,
and to attempt to exclude or include this
or that use of the workers time in de-
hning work week" is to- tread on
dangerous ground.
If the Supreme Court had not over
stepped the bounds and written piece
of legislation which Congress had
deliberately refused to write, the present
controversy would never have arisen.
The remedial measures now pending
before Congress can be confined to- a
100 per cent taxation of windfall
income arising out, of the portal to
portal" suits. This would dispose Of
past instances. Then q declaratory
resolution with respect to the acceptance
of definitions hereafter written by
mutual agreement of employers and
employees would dispose of future suits.
Not Based on Reality
The hullaballQp that is being raised
in some quarters about the impairment
Of the Wage and Hour Law is not
based on reality. Actually the Wage
and Hour Law simply requires that
overtime beyond 40 hours shall be COM
pensated for, and there is no power
under the law to settle what constitutes
the 40 hours. This is matter for
agreement or disagreement between
employer and employees and is part Of
the work contract, just as is the
question of whether an employe works
underline. Usually there is machinery
for adjusting disputes or grievances
over working time, but when a Federal
statute Is interpreted by the Supreme
Court to mean that the courts are
hereafter to pass upon what constitutes
work week." the way is opened to
chaos in the industrial world.
1t has been suggested by many who
have not thought through the subject
that definition of work week" is in
order. If Congress ever attempted such
a definition, it is probable that it would
be questioned in the courts as to con-
stitutionality. Likewise there appears
to be no sentiment in Congress in
favor Of adding to the regimentation
rituals of the preceding decade. The
tendency is rather to throw off as many
controls as possible so that management
and labor can make their own bar
gaining arrangements. Once the individ-
ual or union agrees with the employer
on what constitutes work week" Of
40 hours, the Federal law relative to
overtime would apply.
Certainly the labor unions have more
to gain than to lose by making the
work week" subject of collective
bargaining negotiations and agreements.
The AFL leaders are smart to drive
'home that point. but this is no surprise.
as the AFL leaders are among the most
experienced trade unionists in the world.
Reproduction Rights Reserved)