the employer shall be liable to the employee for wages established by the Act or the wages orders of the Administrator issued thereunder, as if no certificate had issued.

(e) Any special certificate may be cancelled as of the first date of violation if it is found that any of its terms have been violated, and the employer shall be liable to those employed under such certificate from the date of violation, for wages established by the Act and the wage orders of the Administrator issued thereunder, as if no certificate had issued.

SECTION 522.130-APPLICATION FOR RECONSTRUCTION AND PETITION FOR REVIEW

(a) Any person aggrieved by an action of the Administrator or his authorized representative in denying, granting, confirming, cancelling, or revoking any special certificate may, within fifteen days after publication of the action (1) make application for reconsideration thereof by the Administrator or his authorized representative; or (2) file a petition for review of the decision by the Administrator or an authorized representative of the Administrator who has taken no part in the action which is the subject of review. Such petition must set forth grounds for the requested review.

(b) If an application for reconsideration is denied, any person aggrieved by such action may, within fifteen days after publication thereof, file a petition for review.

SECTION 522.131-DEFINITION OF A LEARNER

Only learners may be employed at a subminimum wage under special certificates issued. In these Regulations the term "learner" means a person who has not been employed in the Woolen Industry for more than 320 hours in any of the occupations listed in Group A or for more than 240 hours in any of the occupations listed in Group B as shown in Section 522.124. A worker who has had total employment in the Woolen Industry in excess of the permissible learner hours in any one of the learner occupations may not be transferred to another learner occupation and there be employed as a learner under a special certificate.

SECTION 522.132-DEFINITION OF AN EXPERIENCED WORKER

An experienced worker for the purpose of these Regulations is hereby defined as any person who has been employed in the Woolen Industry in any of the occupations listed in Group A for more than 320 hours or in any of the occupations listed in Group B for more than 240 hours as listed in Section 522.124.

SECTION 522.133-MEANING OF TERMS "AVAILABLE" AND "EXPERIENCED" AS USED IN THESE REGULATIONS

The terms "available" and "experienced" as used in these Regulations shall be construed in the following manner: that experienced workers should be available within the area from which the employer customarily draws his labor supply, or that such workers have in fact made themselves available to the employer at the plant or place of employment and have signified their readiness to accept or to continue in employment. Such workers should, in order to be considered available for employment, also possess the requisite number of hours of employment experience to qualify as experienced as defined in Section 522.132, and also be productive to an average degree and capable of equalling the performance of a worker of average or ordinary skill and experience. The merits of particular cases involving availability and the definition of experienced worker, which present singular or unusual facts and circumstances, will be given due consideration.

SECTION 522.134-DESIGNATION OF LEARNERS ON EMPLOYERS' RECORDS

Each worker employed as a learner under a special certificate shall be designated as such on the pay-roll records kept by the employer. All persons so employed shall be listed together in a separate group on the pay-roll records kept by the employer and for each learner the occupation in which employed shall be shown, in addition to other information required by the Record Keeping Regulations, Part 516.

SECTION 522.135-NOTICE OF ISSUANCE OR CANCELLATION OF SPECIAL CERTIFICATE

Notice of the issuance or cancellation of each special certificate pursuant to these Regulations shall be published in the Federal Register.

SECTION 522.136-POSTING OF SPECIAL CERTIFICATE OR CANCELLATION THEREOF

The employer shall post a copy of any special certificate issued to him in a conspicuous place in each department of the plant where learners are to be employed and shall also post a copy of any cancellation thereof.

SECTION 522.137-DEFINITION OF THE WOOLEN INDUSTRY

The definition of the term "Woolen Industry" for the purpose of these Regulations shall be the same as that used in the Administrator's Wage Order for the Woolen Industry as published in the Federal Register May 15, 1940.

SECTION 522.138-AMENDMENT AND REVOCATION OF INDUSTRY LEARNER REGULATIONS The Administrator may at any time, upon his own motion or upon written request of any interested party setting forth reasonable grounds therefor, and after a hearing or other opportunity to interested persons to present their views, amend or revoke this regulation issued pursuant to Section 522.4 of the Regulations Applicable to the Employment of Learners Pursuant to Section 14 of the Fair Labor Standards Act of 1938.

Senator BALL. The first testimony to be presented is that of the Congress of Industrial Organizations, which has an hour to tell its story. You are Mr. Barkin?

Mr. SOLOMON BARKIN. Yes, sir.

Mrs. ESTHER PETERSON. Mr. Chairman, I am Mrs. Esther Peterson. I am not a witness, I am the chairman of the legislative committee of the CIO on this bill. We arranged to bring the most qualified people we have to testify on the bills before this committee. Those present are Mr. Solomon Barkin, who is research director of the Textile Workers Union, also chairman of the research committee of the CIO for the Fair Labor Standards Act; Miss Gladys Dickason, vice president of the Amalgamated Clothing Workers of America, and Mr. Irving Levy, who is here today representing Mr. Goldberg, general counsel of the CIO. He is counsel for the United Automobile Workers. Miss Dickason is also assistant director of the Southern Organizing Drive. They are all speaking in behalf of the entire Congress of Industrial Organizations.

STATEMENT OF SOLOMON BARKIN, RESEARCH DIRECTOR, TEXTILE WORKERS UNION OF AMERICA, ON BEHALF OF THE CONGRESS OF INDUSTRIAL ORGANIZATIONS

Mr. BARKIN. Mr. Chairman and gentlemen of the committee: We have filed on my behalf a statement dealing with the wage issue presented by the two bills which you have before you. In addition thereto, we have filed for the record a more elaborate detailed documented statement, dealing with all of the problems raised by the Fair Labor Standards Act. We have taken the liberty of presenting this, and request its incorporation into the record.

Since the time made available by your committee for our testimony must necessarily be limited, and we could not possibly cover all of the matters which will arise and on which specific documentation and proof would be desirable, we have culled all of the records, we

we have culled the hearings before your Senate committee, we have culled the argumentation before the House committees, and we believe that this fairly represents our full statement of fact and argument in connection with all of the issues which have been raised in our previous hearings before your own committee, and in our current discussion. We shall not attempt to cover all of the matters in oral statement, because it would be impracticable within the time limit; and, consequently, request that they be incorporated in the record for the use of your committee.

Senator BALL. Is this a printed document, multilith, or what?
Mr. BARKIN. This is a mimeographed copy.

Senator BALL. I think perhaps a great deal of it is repetitious of matter already in the record. I was wondering if you have copies to furnish 13 or 15 for the comimttee.

Mr. BARKIN. Yes. We have furnished copies for the committee. We believe that it should be part of the record, in order to summate the argumentation, facts, and our knowledge, our experience in this field, in order that we may cover the matter without unnecessarily occupying the time of the committee here.

Senator BALL. Very well. I will have the counsel look it over, and if it is material and should go in the record, and it is not repetitious of what is already there, we can put it in the record. At any rate, it will be available for the committee.

Mr. BARKIN. Our presentation, Mr. Chairman and members of the committee, we will offer in three sections, and shall deal primarily with the matter of the minimum wage, the coverage problems, and other specific issues presented by the two bills. Miss Dickason will primarily address herself to the matter of industry committees, and Mr. Irving Levy will direct his attention primarily to the legal matters, and the issues raised by the current discussion on the question of regular rates of pay. I shall, therefore, restrict myself primarily to the matters to which I have been assigned.

I shall not attempt to read this document, but will present to you orally the major considerations which we hope will be assigned their weight in the determination of the specific revisions to be made in the Fair Labor Standards Act.

We believe, first of all, Mr. Chairman, and members of the committee, that a 75-cent minimum wage should be declared to be the national minimum wage for this country. We point out the fact that your committee on a previous occasion has recommended 65 cents, and the Senate itself approved a law, or a bill, incorporating the 65-cent mini

mum.

We believe that the events which have transpired since that day justify the immediate adoption of the 75-cent minimum and that your body should so recommend, and adopt.

Besides the precedence of previous consideration by your committee, the Senate as a whole, there are certain specific facts which we call to your attention, which we shall not argue, but seek to enumerate.

First, the fact, which is contained within the preamble of the act itself, the desire to establish decent living standards. You have had paraded before you the findings on the costs of the budget, both as defined by the Bureau of Labor Statistics, by private agencies, such as the California group, such as the emergency budget for relief, originally

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developed by the Works Progress Administration, and the single women's budgets which have been developed by some 11 States. We point these out, because, as you know, all of these budgets, whether for single persons, or any approach to this problem, indicate that an 80-cent minimum is the least that would be necessary, even for a single person.

We also underscore that people at the minimum consist of persons of all ages, men, women, persons with or without family responsibilities, and there cannot be any distinction as to persons. We in the United States have a wage system unlike that in other countries, where we pay persons according to the job they work at, rather than their personal income, color, race, or family responsibility.

To establish any other principle would be inviting consideration of so many types of legislation, which other countries have, and which has not been considered or even proposed in this country.

We point out that in this country the national productivity and income have risen very considerably, and justify raising the minimum to 75 cents. We point out that wages throughout the United States have risen, so that if we just took the general wage increases enjoyed by organized labor, and applied them to the minimum, we would have a minimum in this country of $1 an hour.

General average hourly earnings have risen 58 cents, and if that were added-and that average includes the unorganized as well as the organized-if that average were applied, it would mean a minimum of 98 cents an hour.

Senator ELLENDER. Mr. Barkin, I think you testified at the hearings of the other committee of which I was a member?

Mr. BARKIN. Yes, sir.

Senator ELLENDER. As I recall, I asked you, or some of the other witnesses, to tell the committee why it is that the unions have not been able to establish similar rates of pay for like work in various parts of the country. Does this brochure, which you have given us, say anything about that?

Mr. BARKIN. Yes. As a matter of fact, in our national wage agreements, where those exist, the unions tend to establish uniform agree

ments.

Senator ELLENDER. They tend to, but do they do it?

Mr. BARKIN. There are variations from plant to plant above the minimum. For example, in our industry we have a uniform minimum, but individual plants have different jobs and the jobs are constructed differently, but the minimum is the same.

Senator ELLENDER. Well, have you in this brochure that you have presented to the committee a scale of wages for various jobs throughout the country that are performed by workmen, say, in the South, and in the West and North, which classifies them, and states what the various localities pay for similar work?

Mr. BARKIN. Yes; we have that type of information.
Senator ELLENDER. If you have it in there, all right.

Mr. BARKIN. We discuss that problem on pages 41 and 42.
Senator ELLENDER. Do you give the rates of pay?

Mr. BARKIN. We footnote-we do not outline it, but we footnote the pages in the House testimony, where we set forth all of that data. We did not want to present that, but in the House testimony we submitted

the actual exhibits and data. And we have furnished extensive bibliographical notes, to avoid repetition.

Senator ELLENDER. In other words, to find the rate of pay for a particular job in the South, as compared to the North or West, we would have to go into the House hearings to obtain such information? You do not have it set out here?

Mr. BARKIN. I tried to avoid that repetition. As a matter of fact the data, not brought up to date, but as of 1945, are to be found in the 1945 hearings of your own committee, where we analyzed that problem at considerable length.

Senator ELLENDER. I wonder if it would be much trouble for you, or somebody under your direction, to prepare a short statement classifying the various jobs throughout the country, such as carpentering, bricklaying, mechanics, and electricians, and so on, giving the hourly pay that prevails in various sections of the country?

Mr. BARKIN. We shall be happy to furnish that.

Senator ELLENDER. You might also include the sawmill workers, in fact, all of these workers.

Mr. BARKIN. Yes.

Senator ELLENDER. Kindly make the comparison of the hourly rate paid 10 years ago, 5 years ago, and now, in order to see what progress you have made toward obtaining uniformity of rates of pay for similar work throughout the country.

Mr. BARKIN. Yes.

Senator ELLENDER. You realize that what you are requesting is that Congress establish it practically overnight, and make it legal. The point is, if you have not been able to do it-well, ever since you have been a union-I would like to know how you expect Congress to do it. That is the point.

Mr. BARKIN. Senator Ellender, we are not in effect asking that of the Congress, because all we are asking is a uniform minimum wage. Senator ELLENDER. I understand.

Mr. BARKIN. And, consequently, any differentials, distinctions, differences, which are to be established may be maintained. For example, under this law we are asking for 75 cents an hour, but the lumber industry on the west coast has a minimum of $1.325 per hour. Senator ELLENDER. I understand that.

Mr. BARKIN. That was before the recent increase. I presume it must be $1.40 now. We are not recommending that you change that in the least.

Senator ELLENDER. I understand, but if you recall-I do not know whether you were the witness or not.

Mr. BARKIN. I am sorry, but you were not present when I was testifying in 1945.

Senator ELLENDER. I think I was there most of the time.

Mr. BARKIN. I know you were most of the time.

Senator ELLENDER. Yes; and as a matter of fact, I think I was

there all the time.

Mr. BARKIN. I was sorry to note your absence.

Senator ELLENDER. I was one of the few members of the subcommittee that heard all of the testimony.

Mr. BARKIN. Yes; you did, sir.