Christopher, Paul R., CIO national representative for the South Collins, Scipio, Marine Cooks and Stewards Association of the Pacific, Consumers League of Connecticut - Consumers League of New York. Cosby, Mortimer, president and manager, Jefferson Hotel, Columbia, S. C. Dale, Mrs. Helen, factory worker. 968 968 968 351 335, 827, 1125 Davis, John H., executive secretary, National Council of Farmer Coopera- 994 990 Davis, William H., former Director, Office of Economic Stabilization. Dickason, Gladys, research director, Amalgamated Clothing Workers Fitzgerald, Albert, president, United Electrical, Radio and Machine Work- Fizz, Mrs. Dorothy, Amalgamated Clothing Workers of America, CIO. Foreman, Clark, president, Southern Conference for Human Welfare.. Fraser, Samuel, secretary, International Apple Association ___ Garcia, Mrs. Frances, American Communications Association, CIO. Gittings, T. B., assistant vice president, Western Union Telegraph Co.. Graham, Dr. Frank, president, University of North Carolina. Greene, Ernest W., vice president, Hawaiian Sugar Planters Association.. Hines, Lewis G., legislative representative, A. F. of L Hinrichs, A. F., Acting Commissioner, Bureau of Labor Statistics_ Holman, Charles W., secretary, National Cooperative Milk Producers International Longshoremen's and Warehousemen's Union, CIO. International Union of Mine, Mill and Smelter Workers, CIO.. Jacobs, William P., American Cotton Manufacturers Association. Jobe, William T., general counsel, National Association of Ice Industries 411, 829 Johnson, Gen. Robert Wood, chairman of the board, Johnson & Johnson Kane, Al Philip, general counsel, National Federation of Telephone Workers Kaplan, David, chief economist. International Brotherhood of Teamsters, 612 Kay, H. T., vice president, C. Brewer & Co., Ltd., Shipping Commission 995 Lewis. Richard, acting secretary-treasurer, United Office and Professional 1081 Ligutti, Rt. R. v. Msgr. L. G., executive secretary, National Catholic Rural 547 Lyon, A. E., executive secretary, Railway Labor Executives' Association_ McDonald, David J., secretary-treasurer, United Steelworkers of America, McDonough, Patrick W., owner, McDonough Steel Co., Oakland, Calif.. McKenzie, Howard, vice president, National Maritime Union, CIO.. McPeek, Francis W., chairman, legislative committee, the Council for Social Matthews, Mrs. Lempi K., executive secretary, Y. W. C. A., National Busi- Mitchell, Broadus, research director, International Ladies Garment Work- Mississippi Valley Barge Line. 1000 997 579 O'Grady, Rt. Rev. Msgr. John, secretary, National Conference of Catholic Parmelee, Julius H., director, bureau of railway economics, Association of Parran, Thomas, Surgeon General, USPHS 545 468, 832 867 Posner, Stanley I., general counsel, Linen Supply Association of America, 900 Remele, A. C., Northwestern Country Elevators Association. 137 408 Robinson, Reid, president, International Union of Mine, Mill and Smelter 1266 Sands, Charles E., international representative, Hotel and Restaurant Employees International Alliance and Bartenders International League Schwellenbach, Hon. Lewis B., Secretary of Labor.. 5, 39 Scott, Jack Garret, general counsel, National Association of Motorbus Oper- ators. 906 Shotwell, Mrs. F. E., western area supervisor, Home Missions Council of 545 Smith, Russell, National Farmers Union_ 935 Smith, William C., Pacific Coast Marine Firemen, Oilers, Water Tenders 575 Smith, William P., attorney for Michigan Bean Shippers, Michigan Bean 946 Snow, William S., president, American Fisheries Association_ 977 911 Steele, R. E., assistant director, National Fisheries Institute.. ers Union, A. F. of L.. 813, 1379 1098 State, County and Municipal Workers of America, CIO.. Studebaker, J. W., Commissioner, United States Office of Education.. Taylor, Tyre, general counsel, Southern States Industrial Council. Thomas, H. A., Jr., manager, Agricultural Producers Labor Committee__ Thompson, Chester C., president, American Waterways Operators... Townsend, Willard Saxby, president, United Transport Service Employees Triggs, Charles W., executive secretary, National Fisheries Institute.. United Packinghouse Workers of America, CIO.. United Retail, Wholesale and Department Store Employees of America, Van Arnum, John R., Secretary National League of Wholesale Fresh 929 AMENDMENT OF THE FAIR LABOR STANDARDS ACT TUESDAY, SEPTEMBER 25, 1945 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m., in room 357, Senate Office Building, Senator James M. Tunnell, presiding. Present: Senators Tunnell, Thomas, Ellender, Guffey, Aiken, and Smith. Also present: Charles Kramer, consultant to the committee. Senator TUNNELL. The committee will please be in order. This is a meeting of the subcommittee of the Committee on Education and Labor to take up consideration of S. 1349, a bill to provide for the amendment of the Fair Labor Standards Act of 1938, and for other purposes. It has been suggested that the bill should be placed in the record at this point. (S. 1349 is as follows:) [S. 1349, 79th Cong., 1st 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 the Fair Labor Standards Act of 1938 (herein referred to as the "Act") be, and it is hereby, amended as follows: 1. Section 2 of the Act is hereby 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, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being 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 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, (1) to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power; and (2) to provide for the maintenance of reasonable wage differentials between interrelated job classifications in such industries." 2. Section 3 of the Act is hereby amended by amending subsection (m) thereof to read as follows and by adding the following additional subsections: "(m) 'Wage' paid to any employee, except members of the crew of a vessel, includes the reasonable cost, as determined by the Administrator, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by such employer to his employees. 1 "(n) Job classification' means those occupations within an industry or subdivision thereof requiring a similar degree of training, experience, and skill. "(o) 'Unskilled job classification', as applied to any industry or subdivision thereof means a job classification which does not require previous training or experience." 3. Section 6 of the Act shall be amended to read as follows: "SEC. 6. (a) Every employer shall pay to each of his employees who is engaged in commerce or in the production of goods for commerce wages at the following rates "(1) during the first year from the effective date of this section, not less than 65 cents an hour; "(2) during the second year from such date, not less than 70 cents an hour; "(3) after the expiration of two years from such date, not less than 75 cents an hour; and "(4) at any time after the effective date of this section, not less than the applicable rate or rates (not in excess of 75 cents an hour for unskilled job classifications) prescribed in the applicable order of the Administrator issued under section 8. "(b) This section shall take effect upon the expiration of one hundred and twenty days from the date of enactment of this Act." 4. Section 7 of the Act shall be amended to read as follows: "SEC. 7. (a) No employer shall, except as otherwise provided in this section, employ any of his employees who is engaged in commerce or in the production of goods for commerce for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. "(b) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— "(1) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand hours during any period of twenty-six consecutive weeks, "(2) On an annual basis in pursuance of an agreement with his employer, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that the employee shall not be employed more than two thousand and eighty hours during any period of fifty-two consecutive weeks, or "(3) for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year in an industry found by the Administrator to be of a seasonal nature, and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed." 5. Section 8 of the Act shall be amended to read as follows: "SEC. 8. (a) With a view of carrying out the policy of this Act by reaching, as rapidly as is economically feasible without substantially curtailing employment, the objective of a universal minimum wage of 75 cents an hour for unskilled job classifications in each industry engaged in commerce or in the production of goods for commerce, and to provide for the maintenance of reasonable wage differentials between interrelated job classifications in such industry, the Administrator shall from time to time convene the industry committee for each such industry, and the industry committee shall from time to time recommend the minimum rate or rates of wages to be paid under section 6 by employers engaged in commerce or in the production of goods for commerce in such industry or subdivisions thereof. "(b) Upon the convening of an industry committee, the Administrator shall refer to it the question of the minimum wage rate or rates to be fixed for such industry. The industry committee shall investigate conditions in the industry and the committee, or any authorized subcommittee thereof, may hear such witnesses and receive such evidence as may be necessary or appropriate to enable the committee to perform its duties and functions under this Act. The committee |