Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-19
Justices Block
Extra Pay for
War Workers
53 High Court Edict
ppsets Ruling Giving
millions to 10000
~ RoBERT K. WALSH

~ eAA@1AA
I'm . ruling repeatedly affect
ing more than 10000 claim.
totaling $3.50 million, the su.
preme Court today held that
Federal employees on a per diem
basis, were not entitled to an
extra days pay for each holi-
day they worked during World
War II.
The 5-3 opinion delivered by
Justice Clark was a victory for
the Justice Department. 1t re-
versed decision by the United
States Court of Claims in favor
OF Alfred c. Bergh, a wartime
welder at the Norfolk va
Naval Shipyard. The claims
court upheld the contention of
MI. Burgh that, under a 1888
congressional resolution he was
entitled to extra pay for working
on holidays.
Heavy Claims Anticipated
The Justice Department, in
appealing to the Supreme Court,
commended that the 1888 reso-
luton should not be interpreted
as meaning that regular Federal
employees hired on a by-the-day
basis should have an extra days
pay for working holidays.
The Justice Departments
brief to the high court estimated
that at least 10000 pay claims
similar to that of Mr.. Bergh,
would be pressed If the Court of
Claims decision were upheld.
Other Government officials
estimated informally that a far
more claims totaling well above
$3.50 million would be filed by
wartime per diem workers if Mr..
Bergh won his case. They based
that estimate on the probability
that claims would be filed by
numerous workers who, unlike
Mr.. Bergh. did not present for
NAL claims with a 10-year
specified period.
Three File Dissent
Several members of Congress
said last spring that if the Court
of Claims decision were upheld
by the Supreme Court they would
introduce legislation to extend
the 10-year statute of limitations
so that all such per diem war;
time employees could file claims.
Justice Clark's opinion re-
versing the Court of Claims drew
dissents from Justices Burton,
Black and Frsnkfurter. They
declared that the issue before the
high court was purely one of
statuatory construction" They
said they believed the majority
members OF the court in today's
opinion misinterpreted the 1888
resolution by holding that it
completely repealed all other
holiday pay statutes.
Must Reveal Payroll
In another action today the
Supreme Court refused to re-
view and therefore left in effect
a National Labor Relations
Board order requiring the New
Orleans la Item Co. to fur
nish to a labor union a list of
wages Of each employe of the
company as we'll as a list of
merit pay raises given each en-
ploye during the preceding year
The NLRB had been upheld by
the United States Court of APP
peals in New Orleans. The COM
pany. which publishes a daily
newspaper. asked the Supreme
Court to review that decision and
contended that the union could
get the same salary information
from its members employed by
the paper If they were willing tc
disclose it.
The Supreme Court also re-
fused to review a lower Federal
court ruling in Illinois concern
ing deduction Of social security
benefit payments from private
pension plan payments. The
United States Court Of Appeals
In Chicago held that such social
security benefits could be legally
deducted from pension payments
to a retired employe who re-
eeives both kinds of payments.