PAGE TWO
1
ver Two Million
(Continued Frerm Page One)
ths* maximum hours time and one-half
the regular rate must be paid.
Industry Committees
^he Act creates a Wage and Hour
Division in the U. S. Department of
Labor, which is under the direction of
an'Administrator. Py appointment of
the President, Elmer F. Andrews,
former State Industrial Commissioner
of New York, serves as the Adminis
trator of the Wage and Hour Divis
ion.
i The Administrator is required to ap
point an industry committee "for each
industry engaged in commerce or in
the production of goods for com
merce."" These committees, consisting
of an equal number of representatives
of th'e public, the employes and the
Employers in the respective industries,
fare required to make a survey of in
dustrial conditions and file recom
hiendations with the Administrator as
o the highest minimum wage, not to
exceed the 40 cent rate fixed as the
pltimate goal, which the committees
believe the industries can pay. The
Administrator is empowered to take
the necessary procedure for the ap
plication of. the. recommended rates.
The orders of the Administrator are
subject to review in the U. S. Circuit
Court of Appeals for the appropriate
district. The Court is authorized to
modify the orders ofr set them aside
in whole or in part.
Administrator Andrews has already
appointed an industry committee for
fthe textile industry, in which about
1,300,000 workers are employed.
$10,000 Fine For Violators
Under the penalties the Act provides
that it shall lit? unlawful to transport
or offer'for transportation goods pro
idticed in violation of the wage and
hour provisions, with a fine of not
more than $10,000, or imprisonment
for not more than six months, or both
fine and imprisonment, for any per
son or firm found guilty of such vio
lation. The imprisonment penalty is
riot applicable to first offenders.
In addition, civil action may be
brought by employes who have been
paid less than the minimum wage or
who have not been paid overtime for
work in excess of the maximum hours
The Act authorizes such employes to
recover the amount due them, plus
an additional equal amount as liqui
dated damages, plus the allowance of
reasonable attorney's fees and costs.
Workers Exempted From Both Wage
and Hour Provisions
There are many exemptions, in
whole or part from the Fair Labor
Standards Act. The following are ex
tempted from all minimum wage and
•maximum hour restrictions
liona fide executives, those employ
ed in administrative, professional or
locfil retailing capacity, or"asc'fAilftide
salesmen.
Those engaged in any retail or serv
ice establishment the great part
whose selling or servicing is ill intra
state commerce.
Seamen.
Employes of air carriers.
Those employed in catching, taking
harvesting, cultivating or farming all
fish, seafood, sponges, seaweed, etc.
also those employed in the loading, un
loading or packing of such products
for shipment or in processing, market
ing, freezing, canning, curing, storing
or distributing of these products or o
their by-products.
Those employed in agriculture. (Ag
riculture includes farming in all its
branches, dairying and the production
of agricultural commodities, the rais
ing of livestock, poultry, bees or fur
bearing animals.)
earners, apprentices and handi
capped workers, but only to the ex
tent exempted by orders or regu
lations of the Administrator.
Those employed in connection with
the publication of weekly or semi
weekly newspapers with a circulation
of less than where the major
of such circulation is within th
county where the newspaper is print
ed or published.
Employes of street railways or lo
cal trolley or motor bus carriers.
Anyone employed within the area
of production (as defined by the Ad
ministrator) in handling, packing
storing, ginning, compressing, pas
teurifcing, drying, preparing in their
raw or natural state, or canning of
agricultural or horticultural commodi
ties for market or in making cheese
or butter or other dairy products.
In -addition, the Act completely ex
empts from maximum work week
regulations workers employed—
In the first processing of milk
whey, skim milk, or cream into dairy
product^
In tlih ginning and compressing of
cotton
In the processing of cotton seed
In the processing of sugar beets
sugar beet molasses, sugar cane or
maple sap into sugar (but not refined
sugar) or into syrup
As drivers of trucks or busses oper
ated by common and contract carriers
in interstate commerce for whom
maximum hours or service have been
established by the Interstate Commerce
Commission under the Motor Carrier
Act of 1!»35
On railroads subject to the provis
ions of the Interstate.Commerce Act
1'artial Exemption for First Processors
and Others
For a period or periods totalling not
more than 11 weeks in any calendar
year workers employed in the first
processing of perishable or seasonal
fresh fruits or vegetables are exempt
ed from the maximum workweek pro
vided by law, as well as from the re
quiremcnt entitling them to overtime
pay for work in erxess of the ma::i
mum. The same 14 \\?ek exemptioi
from the ma.uinuiu workweek applie
to workers employed in the first pro
cessing, within the area of production
(as defined by the Administrator), of
any agricultural or horticultural com
modity during seasonal operations, or
in handling, slaughtering or dressing
poultry or livestock.
Child Labor Prohibited
The Act prohibits the shipment in
interstate commerce or delivery for
shipment of goods produced in estab
lishments in or about which any "op
pressive child labor" had been em
ployed within 30 days prior to the re
moval of such goods.
"Oppressive child labor" is defined
in the Act as meaning the employment
by anyone of children under 1(5 in
manufacturing or mining the employ
ment of children under 16, except by
a parent, or person standing in place
of a parent, in any occupation the em
ployment of children between 16 and
18 in occupations declared by the Chief
of the Children's Bureau to be hazard
ous or detrimental to the health or
well-being ot children between such
ages.
In occupations other than mining or
manufacturing the Chief of the Chil
dren's Bureau is authorized to grant
permits to work to children between
14 and 16 provided such employment
is limited to periods which will not in
terfere with their schooling and to
conditions which will not impair their
health or well-being.
Workers' Greater
(Continued From Page One)
nomists who warn us that if hours are
shortened and wages are raised our
living standard must be lowered," Mr
Andrews said. "This warning, they
present in the face of the fact that
millions are unemployed that our sup
ply 6f workers is greater than ever
before, and that the productivity of
those workers has increased tremend
ously.
"Their argument is based on the
theory that if hours are shortened and
wages are raised the labor-costs of
what we all must buy will be so high
as to be out of the reach of most con
sumers. They also contend that our
capacity to product is not so great as
to give each of us a decent living.
Workers Do Not (iet Fair Share of
(ioods They Produce
"One might think that in demand
ing higher wages and shorter hours
labor was asking for more than its
fair share in the goods it produces
As a matter of fact, labor asks noth
ing more, and the Government of the
United States asks for labor nothing
more, than a just proportion of the
wealth which it has helped create*
Throughout recent years, labor has
been denied this share.
"For example, in New York State
labor's share in Value added by manu
facture after increasing from 37.1 per
cent in 1!M!J to 30.7 per cent in 1!21
showed an uninterrupted decline dur
ing the following years, dropping to
31.4 per cent in 1033. The net decline
from 1921 to 1933 in the proportion of
value added by manufacture which
went to labor amounted to 21 per cent
There is the story of the depression
in a capsule.
"The amount of value added by man
ufacture per wage earner in New York
State factories showed a steady in
crease from $3,1!)!) in 1919 to $4,497 in
1929, a gain of 40.6 per cent. The an
nual money wage per wage earner
also showed a gain for 1919 to 1929
but the increase, amounting to 25.6 per
cent, was not as great as in value add
ed by manufacture. Moreover, the de
cline in average wages since 1929 lias
been greater than the decline iu value
added per wage earner.
"The decline in value addeH by man
ufacture during the depression years
has been to a large extent the result
of decreases in the prices of the manu
factured products. When economists
warn of the peril of higher wages, ar
guing that higher wages inevitably
mean higher costs of the goods pro
duced, they ignore the fact that the
labor cost in any article is a combina
tion of two factors. It includes not
only the money wages paid the work
er, but it also must take into consid
eration—and this is most important
that worker's productivity.
Justice Demands Larger Purchasing
Power For Labor
"With the tremendous increase
the productivity of the American work
er during recent years, labor has
right to demand an increase in its
real wages that is, in its purchasing
power.
"That increase in productivity, to
gether with the influx of women "work
ers and other factors which have in
creased our labor supply in proportion
to demand, is the reason why the
standard work-week in this country
must be shortened.
"No matter what economic theory
may evolve, the fact remains that w
have already shortened our work-week
in many industries, while at the sann
time increasing the production of those
industries.
"Higher wages and shorter hours, i
is becoming increasingly evident, pay
for themselves in greater efficiency
better health and improved morale
"Such benefits for all wage earners
is the goal of the Fair Labor Stand
ards Act of
F. C. C. Bogs Down
Washington. The Federal Com
munications Commission has post
poned, from October 24 to Nov. 14, the
opening date for hearings upon tin
long awaited investigation of monop
oly in the broadcasting industry
l'eason—internal strife among Com
misioners, which makes present plan
for beginning the investigation ver
problematical.
i
Attorneys To Drop
(Continued From Page One)
the attorneys due to his official po*
sition in the Cuyahoga County Pros
ecuting Attorney's office, and that he
had been forced to borrow money to
pay debts incurred last year when he
ran for a judgeship in Cuyahoga
county.
Minor also expressed a willingness
to resign as guardian of the two minor
children, which he had assumed at the
suggestion of Wilson. Guardianship
was necessary to administer the funds
created by the award made by the
Commission to the two children.
Asked by Commissioner Blake if
they felt they should return a part of
the fee collected from the widow, the
attorneys declared that they felt they
were entitled to .what they had col
lected.
Further testimony* in the case will
be taken at the widow's home in Cleve
land, where she has been confined .to
bed for some time due to illness.
More Equal Work
(Continued From Page One-)
the work week from the present pre
vailing standards to lower levels,
thereby creating employment for the
greater number. ....
It is not alone the purpose of or
ganized labor in seeking a reduction in
the number of working hours in order
to secure more leisure hours for the
employed workers but to provide in a
measure working hours fcfc the unem
ployed
"Confident that the lessening of
hours for those employed will create
THE.POTTERS HERALD'
employment for the .millions'of unem
ployed. org&i^zed. labor Ynpst ahfi will
continue to strive for the establishment
of .the '^O^hour "-day week—the, only
solution1" to 'this great pYofelem—and
thereby. xestpre prosperity and con
tentment to. ^11 of the people of our
nation."
F. T. C. Hits Cigarette
Company Advertising
Washington.—Julep Tobacco Com
pany, Boston,. Mass., has entered into
a stipulation with the FTC to discon
tinue false and misleading advertis
ing. The Company will refrain from
advertising that Julep Cigarettes never
make the throai dry or parched, never
"tire" the appetite, and banish "morn
ing-after" taste. The company also
will stop .representing that the mint
in the cigareties helps counter-act
irritants present in tobacco or throat
irritations .due to heavy smoking, or
that it has any other therapeutic
action.
SETTLEMENT ENDS STRIKE
New York City (ILNS). Two
thousand striking tugmen went back
to work in this port while wage ne
gotiations were continued. The new
wages will date from the return, not
from the time when .the negotiators
reach a decision
The different in pay between de
mands and offers is not great. The
towboat men demanded a boost of $10
a month for unlicensed men and $5 for
licensed. The employers had offered
$7.50 increase for the unlicensed, and
accepted the proposed raise for the
licensed.
ASK FOR
A FREE COST
PLAN TO USE
110 W. SIXTH STREET
U Jii
AFL Agencies To
(Continued From Page One)
ing hours which are shorter than the
maximum hours prescribed in the Act.
He declared:
"Labor will guard against any at
tempt by employers to cut wages or
lengthen hours under the pretext that
such action is sanctioned by the Wage
Hour Law."
Mr. Green's letter also called upon
officers and members of the A. F. of
L. to spare no effort in establishing
through union organization and col
lective bargaining labor standards
higher than the minimum standards of
the Act
In a public statement on the Wage
Hour Law Mr. Green emphasized that
its provisions are calculated to help
business as well as labor. He said
"This law, of course, is primarily
directed toward improving the condi
tion of oppressed workers.. At the
sametime it can and should prove of
inestimable value to industry.
"Here is a great opportunity for the
stabilization of industry and th6 eradi
cation of chiseling competition. Ef
fective administration of the law will
wipe out the menace to legitimate in
dustry hitherto provided by sweatshop
employers.
"I urge the public and all employ
ers to observe and obey this law for
another important reason. By setting
up minimum standards of wages, it
will stabilize the nation's purchasing
power. It will prevent shrinkage of
buying power beyond definite limits by
providing a j-°ck bottom below which
wages cannot sink.
"There is so much to be gained from
this law by evefy factor in the nation's
•». o
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economic life that its benefits should
not be wasted either by excessive zeal
or implacable prejudice. 1 pledge that
the American Federation of Labor will
carry out its responsibilities under the
act with patience and restraint. We
will cooperate in every way with Ad
ministrator Andrews to make the law
a success. I urge the public and busi
ness likewise to give it a fair chance."
30-Hour Week
(Continued From Page One)
Labor must address itself with re
newed resolution to the wider observ
ance of the five-day week and the six
hour day as the best means of master
ing the unemployment problem and
protecting society agairifet recurring
depression.
"There is only one side to this case.
Every fact and factor having to do
with its consideration argues for
shorter hours and higher living stand
ards as the one and only way to in
sure economic health.
"Your committee, therefore, recom
mends that this convention strongly
reaffirm its endorsement of the five
day week and the six-hour work day
without any reduction in the hourly,
daily or weekly pay.
"We further recommend that this
purpose be declared the paramount ob
jective of this convention, and that
the officers of the American Federation
of Labor be instructed to spare no ef
fort to insure steady and certain prog
ress toward the attainment of this
great objective, and of enlisting the
support of all the people in its behalf.
The report of the Committee on
Shorter Work Day was unanimously
adopted by the convention.
Down
Balance-Small
Monthly Payments
THIS WINTER
EAST LIVERPOOL, OHIO
Thursday, October 27, 1988
NOTICE!
Important Announcements of Local
Uatons are to be found in this
Column
«j» •$» »j $
ATTENTION L. U. 9
All unemployed kilnmen are
urgently requested to register
their name, address and telephone
number at National Headquarters
at once. —By Order of Pres.
«J»
NOTICE
Sebring, Ohio.—All batterouts,
mouldrunners and clayworkers
unemployed at present, please re
port to D. L. Carman, 225 West
Oregon Avenue.
NOTICE L. U. 131
All unemployed batterouts and
mouldrunners are urged to report
to Local 131 or Headquarters to
place name on roll for employ
ment.
Green Aids Fight
(Continued From Page One)
right to strike. It interferes with the
right to boycott, makes it unlawful to
advocate strikes, and in connection
with collective bargaining sets up cer
tain conditions together with a sys
tem of civil damages and criminal
punishments as well as injunctions
which practically nullify major trade
union activities.
Realizing fully the importance of de
feating these anti-labor proposals in
the three Western States, William
Green, president of the American Fed
eration of Labor, sent the following
communication to presidents of nati
onal and international unions affiliated
with the A. F. of L., urging them to
give all assistance possible to the
unions on the Pacific Coast in their
laudable endeavor to persuade the
voters to kill these un-American prop
ositions on election day:
"I am directed by the Executive
Council of the American Federation of
Labor to appeal to the officers of all
national and international unions to as
sign as many organizers as possible
to California, Washington and Oregon
for the purpose of serving in the cam
paign between now and election day
for the defeat of the vicious anti-labor
Initiative Propositions which will be
submitted for approval or disapproval
at the election which will be held early
in November.
Destruction of Unions Visioned
"This action of the Executive Coun
cil was based upon the unanimous de
cision of the delegates in attendance
at the Houston Convention of the
American Federation of Labor in op
position to the Initiative Proposals
which threaten the existence of every
unit of organized labor in California,
Oregon and Washington.
"Labor Relieves that the purpose of
these proposals is the destruction of
labor organizations in the states
named. The workers and their friends
in California, Oregon and Washington
have become thoroughly aroused. They
are organizing in opposition to the
adoption of these Initiative Proposi
tions. We must help them. The Ex
ecutive Council decided that all assist
ance possible should be extended to la
bor in these states in order to bring
about the decisive defeat of thesfe
Initiative Propositions.
Contributions For Literature Urged
"The State Federations of Labor of
the three states named need financial
assistance. The cost of printing and
distribution of literature, as well as
other items of expense connected with
the campaign, will be very great. It
can only be met by labor and its
friends. Please make a generous con
tribution to the cost of this campaign.
Send as large a contribution as the
financial condition of your interna
tional union will permit, to Frank
Morrison, Secretary-Treasurer of the
American Federation' of Labor. He in
turn will forward it to the proper of
fices in California, Oregon and Wash
ington.
"because of the seriousness of the
situation and in conformity with the
decision of the Executive Council, I
am calling upon you, as well as upon
the officers of all national and inter
national organizations, to send as
many organizers as possible into the
states of California, Oregon and
Washington, for the purpose of work
ing in the campaign which has beet}
organized for the purpose of defeat
ing this anti-labor measure.
All Labor Unions Are Interested.
"I appeal to you to rally to the sup
port of our splendid organized units
in California, Oregon and Washington,
in this great fight which they are
making to protect the cause of organ
ized labor and prevent the adoption of
this vicious Initiative Proposal. It is
a fight in which all organizations of
labor in the United States are inter
ested. If we can defeat these pro
posals in California, Oregon and
Washington, we will win a great vic
tory and perhaps prevent our enemies
from initiating similar proposals in
other states.
"I appeal to you to respond prompt
ly and generously to this request I am
making by direction of the Executive
Council for the assignment of mpii to
work in California, Oregon and Wash
ington, and for money to be used in
the campaign which has been launched
for the purpose of defeating these
anti-labor measures."