Evening star., 1947-02-09

proportion of Is to 80 minutes each
day.
Chameleonic Pattern
OF the Factual Fabric.
It was this chameleonic pattern of
the factual fabric which the Su-
preme Court decided needed Clarity
ing and since the master had placed
upon plaintiffs the burden of show
ing time necessarily spent on the
employers premises in preliminary
activities, it held that this was not
a fair Interpretation of the law,
Assuming that the employe has
proved that he has performed work
and has not been paid in accordance
with the statute"
And:
ut would be a perversion of fun
damental principles of justice to
deny all relief to the injured person,
and thereby relieve the Wrongdoer
from making any amend for his
acts" A@5zz
The Supreme Court further held
that:
Time spent in walking to work
on the employers premises, after
the time clocks were punched, in
volved physical or mental exertion
whether burdensome or not) con-
trolled or required by the employer
and pursued necessarily and primar-
lily for the benefit of the employer
and his business Work of
that character must be included in
the statutory workweek and COM
pensated accordingly, regardless of
contrary custom or contract"
We were therefore instructed toI
determine:
First, how much walking time
was involved in going from the time
clock to the several respective work
places, and,
Second, time necessarily consumed
putting on aprons and overalls, re-
moving shirts, taping or greasing
arms, putting on finger cots, pre-
pairing the equipment for, produc-
tive work. turning on switches for
lights and machinery, opening win
dows and assembling and sharpen
ing tools"
Rule for Application
In Light of Realities.
But the Supreme Court has given
us two other mandates. The Su-
preme Court directed that
(A) When we had obtained this
information we must, in computing
damages, apply the rule of "de
minimis non curat lex" (the law
cares not for small things), 26
c. j. S. 705, and
tB) Apply the rule to a workweek
contemplated by Sec. 7 (A), Fair
Labor Standards Act, "In light of
the realities of the industrial world"
There is nothing in the Supreme
Courts decision to justify our in
cluding other minutes spent on the
company's property, nor are we
concerned with the question of
whether the time spent in pre-
liminary activities" or walking"
are compensate. The holding of
the Supreme Court in this case is
that they are compensate subject
to the "de minimus" rule and "In
light Of the realities of the indus
trial world" Whether certain acts
are or are not preliminary activi-
ties however, is still for us to
determine.
And since we are bound by the
masters finding that plaintiffs were
not required to work at production
labor before or after any of the
scheduled starting and quitting
times, the question of overtime of
the genus originally before this
court is not to be considered by us.
THE FACTS.
Since our order to the master did
not contain instructions to compute
the time consumed walking and in
preliminary activities, and because,
when we were ready to proceed, the
master was no longer available, it
was necessary for this court to hear
the further testimony in order to
comply with the Supreme Courts
direction.
In arriving at these facts, the