CONTENTS Barkin, Solomon, research director, Textile Workers Union of America, Beardsley, Peter T., attorney, American Trucking Associations__ Earp, Joseph O., secretary, Northwest Tugboat Association, Seattle, Wash_ Eaton, George S., executive secretary, National Tool and Die Manufacturers' 458 260 480 Glazier, William, Washington representative, International Longshore- 317 Jobe, William T., general counsel, National Association of Ice Industries__ King, Joseph T., National Retail Lumber Dealers' Association---- Levine, Seth, research consultant, CIO Maritime Commission. Levy, Irving J., general counsel, United Auto Workers Union, CIO__ Maguire, William, Retail Clerks' International Association, AFL Maloney, Walter E., special counsel, National Federation of American Ship- Noble, William R., National Retail Farm Equipment Association.... Nystrom, Harold C., chief, Interpretations Branch, Office of Solicitor, Pepper, Hon. Claude, a United States Senator from the State of Florida---. Peterson, Mrs. Esther, legislative representative, Amalgamated Clothing Shishkin, Boris, economist, American Federation of Labor 136 Smith, Harold O., Jr., executive vice president, United States Wholesale 223 Tones, Joseph F., International Association of Machinists_ 294 Weiss, Harry, Director, Wage Determination and Exemption Section, Wage II. CHRONOLOGICAL LIST OF WITNESSES Hon. Claude Pepper, a United States Senator from the State of Florida_ William R. McComb, Administrator, Wage and Hour and Public Con- tracts Division, Department of Labor_-_. Harry Weiss, Director, Wage Determination and Exemption Branch, Wage and Hour and Public Contracts Division, Department of ⚫ Harold C. Nystrom, chief, Interpretations Branch, Office of Solicitor, Page 23 Peter Henle, economist, American Federation of Labor___ Lazare Teper, assistant to the president, International Ladies' Gar- William R. Noble, National Retail Farm Equipment Association_- Harold O. Smith, Jr., executive vice president, United States Wholesale Joseph T. King, National Retail Lumber Dealers Association_. William T. Jobe, general counsel, National Association of Ice In- Seth Levine, research consultant, CIO Maritime Committee_--_- Christopher E. Heckman, counsel, National Water Carriers Associa- Monday, April 26, 1948-Continued Miss Gladys Dickason, vice president, Amalgamated Clothing Workers Page 480 Irving J. Levy, general counsel, United Auto Workers Union, CIO__ 483, 502 III. STATEMENTS AND COMMUNICATIONS Ball, Hon. Joseph H., a United States Senator from the State of Minnesota, Cox, Prof. Archibald, counsel, Senate Committee on Labor and Pub- Morse, David A., Acting Secretary of Labor, letter of, addressed to Senator Taft, commenting on S. 2062----- Schwellenbach, Hon. Lewis B., Secretary of Labor, letter of, addressed to Senator Taft, commenting on S. 2386 and submitting therewith an analysis of S. 2386 prepared by Department of Labor---. Goodwin, Hon. Angier L., a Representative in Congress from the State of Massachusetts, suggested redraft of H. R. 4387, submitted by--- Heckman, Christopher E., counsel, National Water Carriers Association, Inc., roster submitted by, entitled "Members of National Water Carriers Association, Inc., Washington 5, D. C.”_ Kuzell, Charles R., American Mining Congress, series of charts and tables Pepper, Hon. Claude, a United States Senator from the State of Florida, 530 195 411 316 355 Morse, David A., Acting Secretary of Labor, letter of, addressed to 138 Statement entitled "The Taft-Hartley definitions of 'supervisor' should not be substituted for the definition of 'executive' in the Fair Labor Supplemental report of the Committee on Education and Labor, United States Senate (79th Cong., 2d sess. on S. 1349, March 14, 1946), Table entitled "Comparison of present exemptions with estimated city FAIR LABOR STANDARDS ACT AMENDMENTS MONDAY, APRIL 19, 1948 UNITED STATES SENATE, COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m., Senate Office Building, Senator Joseph H. Ball (chairman of the subcommittee) presiding. Present: Senators Ball and Ellender. Also present: Senators Thomas of Utah and Pepper. The subcommittee had under consideration: S. 49, S. 154, S. 160, S. 161, S. 557, S. 731, S. 1048, S. 1076, S. 1288, S. 1400, S. 1404, S. 1509, S. 2062, and S. 2386. Senator BALL. The subcommittee will come to order. In the beginning of the hearing I have recorded the numbers of the bills affecting the Fair Labor Standards Act which are pending before the subcommittee. The text of S. 2062, introduced by Senator Thomas, and S. 2386, introduced by the chariman of the subcommittee, will be inserted at this point. (S. 2062 and S. 2386 follow in turn :) [S. 2062, 80th Cong., 2d sess.] A BILL To provide for the amendment of the Fair Labor Standards Act of 1938, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Fair Labor Standards Amendments of 1948." FINDINGS AND DECLARATION OF POLICY SEC. 2. Section 2 of the Fair Labor Standards Act of 1938, as amended (hereinafter referred to as the "Act"), is amended to read as follows: "SEC. 2. (a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce or in activities affecting commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general wellbeing of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens and affects commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. "(b) It is hereby declared to be the policy of this Act, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power." 1 |