Evening star., 1947-01-23
Portal Pay Inquiry
Hears Transcript Of
Remarks by Picard
BY the As,os;oied Press

"pro-labor" remark by Federal
Judge Frank A. Picard during
one of the original portal pay
trials was read today into the
record of a Senate Judiciary
Subcommittee.
The subcommittee is studying
legislation to outlaw all back-pay
suits filed by labor unions in the
wake of Judge Picard's decision that
workers are entitled to compensa-
tion for the time spent getting ready
for their jobs.
The transcript was submitted by
Theodore r. 1Serman New York
attorney for the Chrysler Corp,
whose testimony earlier this week
prompted Senator Eastland, Demo-
crat, of Mississippi to suggest that
the House investigate Judge Picard
with view to Impeachment"
Mr.. Iserman testified Monday that
Judge Picard, while hearing $780,
900 portal-pay suit brought against
Chrysler by plant guards, remarked
that he was strictly pro-labor"
and wanted these men to get every
penny that is coming to them"
Transcript is Submitted.
In response to the subcommittee's
request, Mr.. Iserman today sub
mitted this transcript, which Chair
man Donnell read into the record:
1.-THE court: l say, is not this work
peculiarly different from the work
in the factory? If they are going
to count 10 or Is minutes that they
get there early-and there is nothing
peculiar really about this relation
ship; that is, if it is not different
from other relationships why
should they not give back to the
company the 10 or IS minutes or
half hour in which they ate their
lunch?
Now, as you know, and don't
mind telling you, am very pro-
labor. 1 want them to get every
nickel they have coming to them.
Mr.. Goodman tattorney for the
workers. We do, too, your honor.
THE court: You do, too, but
after all l have to get the facts
before this jury.
"Mr. Goodman: If an element
of the employment is that they are
supposed to have a lunch period
and they are not working during
that time the company is entitled
to credit, ."
Verdict in Chrysler's Favor.
Mr.. Iserman, who said the judge
later ordered these alleged remarks
struck from the record, also teSti-
fed that Judge Picard twice had
tried unsuccessfully to have the jury
change its verdict, which was in
favor of Chrysler
Judge Picard told New York re-
porters after Mr.. Iserman'S teSti-
mony Monday that he was both
"pro-labor" and "pro-capitar' and
that his decisions have never at
any time been influenced by those
feelings"
Ernest Goodman, attorney for the
CIO United Auto Workers IN the
Chrysler case, wired the subcom-
mittee: "It seems unfair that Judge
Picard should be the victim of this
new effort by employers to intim-
idate the Federal judiciary and to
prejudice Congress so as to obtain
an amendment to the law which
will deprive workers of their claims.
Today the subcommittee invited
Senator O'Daniel. Democrat. of
Texas, to outline details of three
bills he has introduced which would
l. Tax employees 100 per cent OF
any back portal pay claims upheld
by the courts.
2. Permit employers to deduct
such payments from their income
taxes
3. Amend the Wage-Hour Act to
define productive work.
4. Prohibit future suits by en-
ployes for pay covering nonproduc-
tive time on the job.
Two Other Bills Studied.
The group is studying two other
bills by Senators Wiley, Republican,
of Wisconsin, and Capehart, Repub-
lican, of Indiana to outlaw the
portal suits. Members expressed in
terest in the O'Daniel proposal aft
er hearing that the Treasury may
have to shoulder most of the bur-
den of claims, which already total
more than s4,0OO,O00,0O0.
Employers May Deduct Payments.
Secretary Snyder told news con-
ference yesterday the Treasury has
ruled that employers may deduct
any payments they have to make
from their income for the years in
volved, which would entitle them to
tax refunds. He said the depart
ment had been unable to estimate
how much this might cost the
Government.
Army and Navy witnesses already
had testified at the subcommittee
hearings that the claims might cost
the armed services alone $1,40O,-
100000 in additional payments to
cost -plus-fee contractors.