Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-04-11
Justice Denies
Ii Defended
.1O-Hour Day !

IuCLtlCu budO ~ uc1cIlQCu 1U-
hour day for Federal employees.
Commenting on a story in The
Star yesterday that the Justice
Department said that Congress.
in the interests of economy
would be justified in setting a
l0-hour workday. Justice officials
said this did not mean that the
department defended" such a
move. I'LL.
The Star story did not state
that the Justice Department
proposed such a move-it quoted
Justices brief in a postal en-
ploye court case which declared
that: IF Congress desires that,
insofar as it is possible, all
workers in this country work
only eight hours a day. never
theless Congress could, in its
concern for Federal expendi-
lures, require. and validity pro-
vide, that Federal employees work
10 hours day."
In describing the departments
position on the 10-hour day, As
sistant Attorney General George
Cochran Doub did not challenge
the accuracy of the main point
OF The Stars story--that
Justices brief commended that
Federal workers are not en-
titled to the same benefits ac-
corded private industry workers
and that their working condi-
lions must be influenced by
economy considerations.
Justice Statement
MIR. Doub's statement said:
I'm November 1856. the De-
partment Of Justice moved in the
Court of Claims to dismiss the
claims Of several post officie dis
tributing clerks who sought to
recover overtime compensation
for time they claimed to have
spent at home studying for
scheme examinations. The brief
argued that the Federal Postal
Employees Pay Act of l945 did
not provide compensation for
home study and Congress over
a 30-year period had specifically
refused to provide pay for study
at home by postal clerks. In ad-
dition, the Government pointed
out that the Court Of Claims had
dismissed an identical suit in
1888 on the ground that distrib-
uting clerks were not entitled to
pay for the time they spent
studying post Office schemes at
home.
The postal clerks through
their attorneys, Herbert Thatcher
and Donald Murtha. answered
the Governments brief with the
assertion that times have
changed" and that labor phil
osophy" now compelled the pay
iment of overtime compensation
to the clerks for home study
The Governments reply to
plaintiffs, argument was en-
bodied in a brief filed with the
Court Of Claims on February IA
lof this year. In that brief the
Government repeated it's argu-
ment that as a matter Of law,
the 1945 pay act could not be
read to provide the pay sued for.
Law Doesn't Apply
"Refiting claimants argu-
lments that labor philosophy
is eontriling of their suit. the
Government stated in its brief
that the Fair Labor Standards
Act Of 1880 and similar laws do
not apply to Government en-
Iployes. and If they did, pay for
study at home would not be
compensate under those laws.
Pointing out that, where Con-
gress has acted to better the
working conditions of Federal
employees, 1t has always acted
cautiously and in conformity
with its desire for Government,
economy, the Government notec
that it is not likely that Congress.
would provide pay for home
study since there can be nc
check to ascertain whether such
study Is actually performed and
II 1t Is. how much time Is spent
on it.
"On April 1. 1857. this cast
was argued to the FIVE judges Of
the Court Of Claims and is now
before the court for decision.
Congress Determines Pay
In the argument as well a,
in its brief. the Department OF
Justice took the position that
Congress alone determines pay
for Federal employees and. il
Congress desired to provide the
pay the plaintiffs sought. II