Evening star., 1947-02-09
Congress to Push
For Legislation
To Back Ruling
BY The Assoeioted Press

Members of Congress expressed
determination last night to nail
down by law Federal Judge
Frank A. Picard's decision that
employers should not be liable
for portal pay claims arising be-
fore last June 10, date of the Su-
preme Court ruling.
Advocates of legislation to outlaw
the portal suits praised Judge
Picard's finding but noted that it
might be upset by a higher court
on appeal.
For that reason, and also to re-
move any question about its applic-
ability to other suits totalling nearly
SIS 900, 900, 900, they determined to
proceed with legislation already in
the committee stage in both Senate
and House.
House Majority Leader Halleck
predicted a bill to deal with the
problem will be one of the first
things the Republicans put through
the House.
hearings near Emu.
Chairman Michener of the House
Judiciary Committee saidsa subcom-
mittee probably will complete its
hearings tomorrow and report to the
full committee next week. He COM
mented that the Picard decision
should have a wholesome and prac-
tical effect
Chairman Wiley Of the Senate
Judiciary Committee noted that the
Picard ruling sis simply decision
on the facts in this particular case"
and declared Congress Should re-
define its position in no uncertain
terms on the general issue"
A subcommittee of the Senate
group already has completed hear
ings. It's chairman, Senator Dom
nell, Republican, of Missouri said
more work remains to be done and
it's recommendations probably will
not be ready until February II or
later. Senator Donnell declined to
comment on the Mount Clemens
case.
Reaction of other Congress mem
bers included:
Representative Fellows, Repubh-
can, of Maine: "The decision shows
more clearly the need for some con-
structive, clarifying congressional
action"
Continued Study Urged.
Representatiye Keatirlp. Republi-
can, of New York: Judge Picard's
opinion dismissing the Mount
Clemens case does not, in my opin-
ion, eliminate the necessity for con-
tinued consideration by Congress of
the serious problems highlighted by
this litigation. We must continue
our study of proposed remedial leg
islation which will, on the one hand,
remove the threat of bankruptcy
and stagnatien in production from
industry - particularly small busi-
ness-and, on the other hand, will
not deprive the wording man of any
of his legitimate rights or emascu-
late any laws enacted for his
benefit"
Chairman Hartley of the House
Labor Committee: "It would seem
to me that this dumps the question
back into the lap of the Labor Com
mittee. It -" . still leaves the ne
cessity for amending the Wage
Hour Act to define the work week.
Once that is done, then portal-to-
portal pay will be where it should
be-a question of collective bargain
ing"
Representative Case, Republican,
of South Dakota: eff the June 10
date is firm, then there is no need
for amending judicial legislation.
But if that date is not firm and is
overthrown by review, then we will
have to go ahead with measures now
under consideration"
Representative Lands. Republic
can, of Indiana: 1--WE should have
legislation anyway to nail it down. /"
Lesinski Predicts Legislation.
Representative Lesinski, Demo-
crat, of Michigan: II doubt whether
the decision will head off legisla-
ton. Most Republicans seem to
h We their minds made up and I
do not believe that anything can
stop them. Personally, I see no
need for a bill, the matter of portal
pay is a contractual issue to be set
tied by collective bargaining"
Senator LANCER, Republican, OF
North Dakota: This decision is not
a precedent in view of the Supreme
Court ruling. When the facts war
rant it, portal-to-portal pay should
be paid. Where the evidence shows
men actually did extra work they
should be fully compensated. APP
parently the judge found the doc
trine of de minimus applied here
and If he did so conscientiously no
one can quarrel with his opinion"
Senator !. Moore, Republican, OF
Oklahoma: ''It looks like slap in
the face at an effort to collect for
time they never contracted for at