IMPORTANT BULLETIN IS
ISSUED ON WAGE-HOURS
ACT by MINING CONGRESS
A bulletin of wide interest to
mining operators and employes,
issued at Washington, D. C., Oct.
1 has been received in Fairbanks.
It was prepared by a committee
of the American Mining Con
gress and deals with provisions
of the Wage and Hours Act touch
ing mining. Since the act has be
come effective, the matteri s of
great importance to those engag
ed in mining throughout Alaska.
The bulletin reads as follows:
Current operations of the
Wage-Hour Division of the Labor
Department, charged with ad
ministration of the new Fair La
bor Standards Act, eclipse in im
portance all other Washington
labor developments.
The first series of rules and reg
ulations, covering operation and
procedure of industry commit
tees, were released this week.
Ready for release early next
week are the interpretations and
definitions of the Act by the Gen
eral Counsel’s office, designed to
aid industry in determining whe
ther it comes under the Act or
not. Ambiguities which these in
terpretations are expected to
clear up include references in the
Act to seasonal industries, local
retailing and servicing employ
ees, executives and professional
employees, questions of overtime
payment, etc.
It has been made plain that the
experiences of the NRA could
not be used beause provisions of
the Wage-Hour Act are manda
tory and do not allow of any ex
ecutive discretion in administra
tion. The administrator and the
general counsel’s office have both
pointed out that any “interpreta
tions” made by them are not
binding on the courts; that the
courts are the final arbiters as to
what the language of the Act
means. Thus, even though the ad
ministrator might have express
ed an opinion that an employer
was not in interstate commerce,
such employer might still be li
able for double payment of any
additional wages for overtime
work should an employer bring
suit and the courts rule that he
actually was under the Act—al
though in such case the employer
would probably escape the crim
inal penalties in view of his hav
ing acted in good faith on the ad
ministrator’s advice.
This situation makes it diffi
cult for the mining industry in
handling the questions of pump
men, hoist men, maintenance and
repair men. electricians and
many others engaged in contin
uous operation about the mine.
There is ever y probability that
such men will be considered as
production employees, and un
less they are in “bona fide exec
utive or administrative” capacit
ies, they are probably governed
by the maximum hour limitation
of 44 hours in any one week and
any additional hours must be
paid for at one and one-half
times the regular rate. The or
dinary distinction between men
/
; paid on a monthly salary and by
j the shift apparently will not gov
I ern, as the law provides no basis
■ upon which the Administrator
could make such a distinction.
Certain specified exemptions
only (relating to agricultural em
ployees, seasonal industries, lo
cal retailing and servicing em
ployees, executives, administrat
ors, and professional men) are
enumerated in the Act and be
yond these, it appears that the
administrator cannot go.
It appeafs now that the only
provision in Act which may be
of help to the mining industry is
that covering executives and ad
ministrators. Presumably super
| intendents and shift bosses,
whose duties are clearly super
visory, will be included under
this exemption, and this would
seem a necessary interpretation.
Apparently a distinction between
employees whose duties are pure
ly supervisory and those who
might be termed “working fore
, men” is planned. The right to
hire and fire may be another fac
tor in the consideration of whe
ther an employee is a “bona fide”
executive or administrative em
ployee. The Wage-Hour Division,,
incidentally, is interested in gett
ing some idea of the number of
such supervisory employees in
proportion to the total number
of employees.
The Wage-Hour Division will
be set up on a regional basis, pat
terened after the Social Secur-1
ity Board. As a matter of fact, 12
supervisory regional offices havei
already been selected, although1
the regions they will supervise)
are not identical with the Social j
Security set-up. States and areas
with similar industries will be a
governing factor in grouping of
regions.
Each regional office wil be man
ned by a staff headed by a re- j
gional director. His chief duties,
will be advisory, to assist em- j
ployers in interpretations and in j
speeding considerations. He will
also have certain responsibility
for enforcement, being in posi
tion to receive complaints.
Newest personnel appointment!
of importance to the Wage-Hour!
Division is that of Carrol Dau-1
gherty, made chief economist1
for the Division. Daugherty is a
former University of Pittsburgh
m:;n and was active in a recent
study of steel industry labor con
ditions.
Wage-Hour Division’s major
pi blem is one of personnel and
funds. Delay in securing Civil
S’Tvice clearance for employees
has slowed building of an ade
quate staff. It is already obvious
that the $1150,000 granted by Con
gress for administration of the
Act will not permit the employ
ment of the approximately 1,000
persons that are expected to be
used to handle the work. An im
mediate request for a deficiency
appropriation will be made as
soon as the next Congress con
venes.
—Fairbanks News-Miner
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SAYS ALASKA FUTURE
TOLD BY PYRAMIDS
JUNEAU—Alaska will become
a state before 1953 and will be
born a state in the midst of a
world plunged in chaos.
Such is the prediction of the
mathematical symbolism of the
Great Pyramid, according to
Worth Smith, eminent author
and student of metaphysics, and
his wife, also a writer and stu
dent of the same deep subjects,
from Rogue River, Ore.
The Smiths spent several days
in Juneau, taking pictures and
colecting data for their lecturing
tours throughout the States and
Canada.
While in Skagway, Smith
laughingly declared, fingering a
beautiful red beard and white
ten gallon hat, “They thought I
was Soapy Smith—but I convinc
ed them I was anything but.”
The study of the Great Pyra
mid and its mathematical symbol
ism “has correctly prophesied
the coming events since 4,000
years ago,” said Smith, explain
ing his unusual study.
The Great Flood was predict
ed, 300 years before its occurren
ce,” Smith said “and the Great
Pyramid also predicted the Call
of Abraham, the Exodus, the
birth, death and resurrection of
Jesus and the World War.”
As to the future, now. Smith
remarked that the subject is “not
pleasing."
In his book, “Miracle of the
Ages,” Smith said the publish
ers struck a great deal from the
records as “too pessimistic.”
"After the World war an age of
chaos began, as predicted in the
Great Pyramid.” Smith said.
"This chaos has only begun and
the prophecy is for pestilence,
death and near destruction to be
followed, not before 1993, by a
Golden Age.”
“This age of chaos will include
the greatest war ever known,”
Mrs. Smith added.
And as for Alaska, the Smiths
explained that the numerical
j equation for the United States,
i the “thirteenth tribe” of the
I world, is “seven times seven”
i which is forty-nine.
“It’s easily seen then, that Al
aska is that 49th,” Smith sf 1.
Eighteen years ago Smith
made his first trip to Alaska ai d
now he is “showing Mrs. Smith
some of the things I have been
raving about ever since I left."
Both are ‘‘greatly impressed"
b' Alaska, and taking pictures
and notes, they promise they will
do their best to help make Al
aska a state.
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