Evening star., 1948-06-08
Congress Aid Sought
In Fight on Pay Claims
Backed by High Court
by the Associated Press

The Sn1pplng industry Slgnaleo .
frantic SOS to Congress today. 1t
said new Supreme Court decision
paves the way for HOOD OF workers
back pay claims.
Wage-Hour Administrator William
r. McComb maintained. however,
that the Nations employers face no
great liability because Of the de-
cisions. He noted there is two
year limit to back pay claims.
The Supreme Court, in its 5-3
ruling yesterday. said an employer
must include premium pay for night
and odd-hour work in figuring out
a workers average 40-hour pay to
determine overtime rates.
Frazer A. Bailey, president Of the
National Federation Of American
Shipping, Inc, said this means en-
ployers in all industries stand to lose
up to 5000 900 900 and the shipping
industry alone hundreds OF mil
lions"
Denies Other Industry Affected.
Max r. Simon of New York, coun-
sci for the dock worker groups that
brought the suits, denied that other
industries will be affected by the
ruling. He added in statement:
"All recoveries resulting from this
decision throughout the country
will total less than $5,000.00O. All of
these sums will be paid by the Fed
eral Government because the work
was done on a cost-plus basis"
Despite the conflicting statements
on the costs, one thing seemed sure
that all employers must use the
Supreme Courts overtime calculat-
ing principle in the future, unless
Congress passes q new law.
Mr.. Bailey called on Congress to
enact an amendment to the wage
hour law permitting employers and
workers to agree on regular rate
of pay" Such bills are pending ir
the House and Senate.
McComb Opposed to Move.
Mr.. McComb is opposed to such
legislation. He wrote Senator Mag
nuson, Democrat, of Washington
recently that 1t would be "tanta.
mount to a repeal OF the overtime
requirements" of the Wage-Houl
Act.
The Supreme Court decision was
based on suits brought by dock
workers. The longshoremen gel
paid one rate for daytime work, ano
one and a half times that rate fol
hours worked at night. Saturday
afternoons, Sundays and holidays.
In the suit the employers con-
tended the higher rate satisfied the
wage hour law requirement fol
time -and-a-half pay for hour!
worked beyond 40 week. The dock
workers said it was merely pre-
MUM rate for work done at incon-
venient hours.
The Supreme Court majority helc
with the workers in an opinion by
Justice Reed. 1t sent the cases back
to a lower court for calculation ol
how much overtime pay the workers
should get.
A dissenting opinion by Justice
Frankfurter said the majority view
will upset traditional working prac-
tices in the stevedoring industry
Justices Burton and jackson agreed
with Justice Frankfurter. Justice
Douglas took no part in the case
The court ruling may produce
further complicating factor in cur.
rent maritime industry negotiation:
in which CIO longshoremen on ths
West Coast are threatening a JUNE
Is strike. A presidential fact-fiYd.
ing board is now studying that dis.
pute
The contract for AFL longshore-
men on the East and Gulf coasts
still has two months to run, but now
may be reopened because OF the
Supreme Court ruling.
The AFL International Long.
shoremens Union had opposed the
suits and the unions attorney, Louis
Waldron, joined shipping industry
employers last night in appealing
for remedial action by Congress.