absolute waste of time, energy, and effort, we can conceive of no more fertile field for political jobs than this job classification of labor and wages. It will never be done; in fact, if it follows the historic procedure, it will never be in anything but a maze of uncertainty and harassment to all who attempt to meet the requirements, and we forecast a continuing and continuous series of cases going to court to determine the points which will arise. Of all means devised for burdening commerce and those attempting to engage therein we believe this is the concept supreme to date. It is the manifestation of labor's attempt to use the Government to force a percentage of unfit onto the pay roll at what they deem a living wage. The policy of grading labor and fixing the price which must be paid, or the employer must go to jail or be fined $10,000, is so fantastic as to be unbelievable and the surprise is that it should be even considered. This whole proposal and the amendment to section 8 making it effective should be stricken, if the bill is to be considered. With every reason for employers being given some assurance that their efforts at this time will receive support and consideration from both labor and Government, the possibility of a suit for an infraction of one of the classifications set up and that such suit may be brought by any former employee or agent on behalf of another, any time in 5 years, and for liquidating damages in addition, plus costs, means that insurance must be set up to handle such cases. Certainly 1 year is ample for the statute of limitations and in which to hold a pay-roll record open to determine the hours worked, the overtime and amount paid, and we would so provide. If it is contemplated that the litigation in determining the classifications and pay may need to go to the Supreme Court and the 5 years is provided for this purpose, then there is the more reason for dropping the whole bill now, for we can conceive of no better way to burden commerce and the free flow of goods in commerce than to create these mazes of uncertainty. These proposals lack the merit of reason, they are unreasonable. They do not belong in America. Let me personally ask each one here whether, with this set-up, you will find yourself encouraged to resume business and, further, if we do not quickly resume business activity, the tail spin of 1932, revocation of debts and vast unemployment is the only alternative. Deficit spending with our present indebtedness is recognized by you gentlemen as impossible unless taxes can be raised to meet such expenditures. Section 8 covers the industry committees and their activities. The industry committee investigate, hear witnesses, receive evidence, classify employees, subdivide industry employees into groups, and determine suitable minimum wage scales, etc. 1. Provide the unskilled job classifications in each industry. 2. Provide for the maintenance of reasonable wage differentials between interrelated job classifications. NOTE. A never-ending performance. 3. Recommend the minimumm rate or rates of wages to be paid. NOTE. Whatever rates are provided, these will become minimum wages, because the unions in order to justify their existence, will have to secure higher wages than those set out. 4. The committee investigates conditions, receives such evidence as may be necessary or appropriate. NOTE. The committee settles this question as to what is appropriate to receive and there is no court review of its actions, if not made within 60 days after the order is filed and then court review is limited to questions of law. 5. The committee recommends the highest minimum wage rate for the industry and for its subdivisions, with not over 75 cents maximum per hour for unskilled labor. NOTE.-Unskilled labor is defined in section 3 (o) as “labor which does not require previous training or experience." Under this definition very little labor will be found to be unskilled. 6. The committee determines the minimum wage rate for each subdivision. 7. The Administrator holds a hearing based on the recommendations of the industry committee. He may approve or disapprove the recommendations. 8. The Administrator issues the orders fixing the job classifications and minimum-wage scale applicable thereto. Because we have, while engaged in war, built up a wage scale much higher than was previously attained, it is not reasonable to write such a wage into law as minimum. We do not believe that a minimum of 75 cents an hour can be maintained unless coupled with it is marked devaluation of the currency. If this is in contemplation, we would like it developed. Court review.-If action is not taken by any person who deems himself aggrieved, in proper court, within 60 days after the order is issued, the order is final. Court review is limited to questions of law. We believe it advisable to revise section 10 to provide adequate court review of all proceedings under this act and to that end would amend section 10. AMENDMENTS Insert in section 13 (a) following proposed paragraph 5 or as a new paragraph in the present law "(6) Any individual employed in an establishment, if he is engaged in cleaning, grading, packing, drying, peeling, shelling, or otherwise preparing for market, precooling, refrigerating, or storing of seasonal or perishable fruits or vegetables, or handling or transportation in connection with or incidental to such operations; (a) if he performs those operations on fresh fruits or vegetables all of which come from farms in that producing area, without regard to State lines, in which the establishment where he is employed is located, and where such commodities are, according to historical practice, normally or necessarily prepared for market. This exemption shall not apply to terminal or consumer markets where the products have been sent for distribution for consumption." Amend by striking out the following: Section 2 (b): All of paragraph (2), lines 16-18. Section 3 (n): Job classification, etc., lines 3 to 5, page 3; (o) unskilled job classification, etc., lines 6 to 8, page 3. Section 6: All of the section. Section 8: All of the section. Section 16 (b), line 11: Amend the words "five years" to read "one year" and the sentence to read "Action to recover such liability may be maintained at any time within one year from the accrual of such liability," etc. Section 10, Court review: Amend paragraph "(a)" by striking out the first sentence and substituting for it the following: "Any person adversely affected by any agency action shall be entitled to judicial review thereof in any court of competent jurisdiction, by filing in such court, within a reasonable time after notification of such agency action, a written petition praying that the action be modified or set aside in whole or in part." By striking out the fourth sentence, beginning "The review by the court and substituting for it the following: "Every final agency action, or agency action for which there is no other adequate remedy in any court, shall be subject to judicial review. Any preliminary, procedural, or intermediate agency action or ruling not directly reviewable shall be subject to review upon the review of the final agency action. Any agency action shall be final for the purposes of this section notwithstanding that no petition for review, rehearing, reconsideration, reopening, or declaratory order has been presented to or determined by the agency.' By striking out the word "final" in the last sentence, so that it will read: "The judgment and decree of the court shall be subject to review, etc." Add after paragraph "(b)" the following new paragraphs: "(c) FORM AND VENUE OF ACTION.-The form of proceeding for judicial review shall be any special statutory review proceeding relevant to the subject matter in any court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action (including actions for declaratory judgments or writs of injunction or habeas corpus) in any court of competent jurisdiction. Any party adversely affected or threatened to be so affected may, through declaratory judgment procedure after resort to any adequate agency relief provided by rule or statute, secure a judicial declaration of rights respecting the validity or application of any agency action. Agency action shall be subject to judicial review in civil or criminal proceedings for judicial enforcement except to the extent that prior, adequate, and exclusive opportunity for such review is provided by statute." "(d) INTERIM RELIEF.-Pending judicial review any agency is authorized, where it finds that justice so requires, to postpone the effective date of any action taken by it. Upon such conditions as may be required and to the extent necessary to preserve status or rights, afford an opportunity for judicial review of any question of law or prevent irreparable injury, every reviewing court and every court to which a case may be taken on appeal from or upon application for certiorari or other writ to a reviewing court is authorized to issue all necessary and appropriate process to postpone the effective date of any agency action or temporarily grant or extend relief denied or withheld." "(e) SCOPE OF REVIEW.-So far as necessary to decision and where presented the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action. It shall (A) direct or compel agency action unlawfully withheld or unreasonably delayed and (B) hold unlawful and set aside agency action found (1) arbitrary, capricious, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without due observance of procedure required by law; (5) unsupported by competent, material, and substantial evidence upon the whole agency record as reviewed by the court in any case subject to the requirements of sections 7 and 8; or (6) unwarranted by the facts to the extent that the facts in any case are subject to trial de novo by the reviewing court. The relevant facts shall be tried and determined de novo by the original court of review in all cases in which adjudications are not required by statute to be made upon agency hearing." It will be necessary then to amend Section 3 of the Fair Labor Standards Act— Definitions-to include the following: "PERSON AND PARTY.-Person' includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. 'Party' includes any person or agency participating, or properly seeking and entitled to participate, in any agency proceeding or in proceedings for judicial review of any agency action." "RULE AND RULE MAKING.-Rule" means the whole or any part of any agency statement of general applicability designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency. 'Rule Making' means agency process for the formulation, amendment, or repeal of a rule.” "ORDER AND ADJUDICATION.-'Order' means the whole or any part of the final disposition of judgment (whether or not affirmative, negative, or declaratory in form) of any agency, and ‘adjudication' means its process, in a particular instance other than rule making but including licensing." "AGENCY ACTION.--For the purposes of section 10, 'agency action' includes the whole or part of every agency rule, order, license, sanction, relief, or the equivalent or denial thereof and including in each case the supporting procedures, findings, conclusions, and reasons required by law." Define agricultural labor to mean as carried in section 1426 (h) of the Federal Insurance Contributions Act as enacted February 10, 1939, as previously pointed out. WITH REGARD TO TABLE I This sets forth three possibilities and the probable effect each might have. 1. If unemployed do not fall below 2,000,000, as at present. 2. If we have 7,000,000 unemployed, then conditions may adjust to those of 1919-29, and we may have this by the spring of 1946. 3. If we have 17,000,000 unemployed, then conditions may be expected to register somewhat comparable to 1932 and 1933. These are portrayed in income data in tables II and III so far as national income and other relationships are concerned. These matters were presented in the statement on S. 1349. We also covered the classification and coding of labor, filing the book entitled "Definitions of Titles of Classified Occupations," prepared by the Job Analysis and Information Section of the United States Department of Labor and which is now being revised. It carries 1,287 pages of small type, listing and describing the operations of 29,000 jobs classified, of which 7,000 are coded. For instance, "Weed remover" is described in detail as the worker who stands and removes weeds from vegetables as they pass from the washer or onto the belt. It may find its way into the "skilled" classification with in excess of 75 cents an hour. TABLE I.-Employment, prices, and income, United States, average 1935–39, 1943, and estimates for 1950 under assumed conditions 1 The number of employed or unemployed is not the only factor that distinguishes any 1 set of conditions from the other 2 assumed for 1950. The general price level and productivity per worker change also. The full-employment estimates assume a minimum frictional unemployment of 2,000,000 persons, continuation of trends in productivity per worker, and a general price level equivalent to that of 1943, with prices received by farmers adjusted to their usual relation with the general price level during 1921-41. The intermediate situation assumes per capita income and prices generally at about the level of 1941. Serious depression assumes an income level somewhat above 1932, but below 1935-39, and prices generally about equal to the average of 1932 and 1933, but since both the labor force and productivity per worker are increasing, unemployment under this situation would be even greater than in 1932 and 1933. Population in 1950 is estimated at 144,000,000. All 3 estimates assume 2,000,000 workers in the armed forces. ? Production consumers would buy (and farm families would use) at the prices assumed. Source: Miscellaneous Publication 570, U. S. Department of Agriculture. TABLE II.-International Apple Association per capita income, annual and daily— Seasonal average wholesale price of apples in New York City |