Employment Provisions ·Of Codes Discussed at Hearings

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Employment Provisions ·Of Codes Discussed at Hearings Vol. II, No. 6 Issued Weekly by the National Recovery Administration, Washington February 8, 1935 I Auto Industry Is Board Bans Use of" Shop" Employment Provisions ·of Granted Code to Avoid Code Homework Provisions Prohibitions Codes Discussed at Hearings Extension The National Industrial Recovery Board has issued an administrative in­ Organized Labor Presents Views Calling for a Reduction of Executive Order Calls for Overtime terpretation that use of "shops" set up in private apartments, rooms, or the Basic Maximum Work Week Hours to 30; Industry Wage Rate for Work Done living quarters is a violation of indus­ Over 48 Hours a Week try Codes having provisions for the Contends Move Would Not Absorb Unemployed abolition of homework. Although no complete statistics are and Would Lower Living Standard of Those Presidential approval of an amendment to available, it Is estimated that several the Code of fair competition for the automo­ llUndred tbonsand workers are all'ected Millions Now Employed bile manufacturing intlu try was granted in by the approximately 100 Codes with prohibitions against homework. an Executive order, January 31, 1935. Leaders of organized labor and industry and represe~tatives of the con­ The amendment provides for: In Administl'fitive Onler X-134 the Board interpr>tecl the phrase "home sumer made oral statements and filed briefs during the National Industrial An extension of the Code until June 16, or li\•ing quarters" appearing in Codes Recovery Board's public hearings on employment provisions in Codes which 1935, or until the emergency has ended; providing for the abolition of home­ Payment of time and a half overtime rates work. It means "the private house began J an~ary 30, and continued through February 2. ' for nil work done by employees over 48 hours Pl'ivate apartment, or privnte room' A d~II?and for a 30-ho';lr week was presented basic and the more fundamental purposes of a '''eek; whichever is the most extensive, occu: by Wilii_Hm Green, president of the American the recovery program", and that the faults Authorization of members of the indust'ry pied as a home by the employee and/or Federation of Labor, and supported by John under the present administrative set-u p were to agree runong themselves to announce new his family.'' L. Lewis, pre!lident of the United Mine Work- due to the lack of benefit "of full participa- ers of America; tbe Reverend Father Francis tion of organized labor in Code making and automobile models in the fall of the year, as The administrative order stated that " the practice of processing articles, the J. Haas, of the National Oatholic School of in Code administration." a means of facilitating regularization of em­ material for which has been furnished Soci~l Service; Miss Rose Sch.1eiderman, "I need remind no one", Mr. Green con- ployment; by 'the employer, whether performed in president of the National Women's TI·ade tinned, "that the National Industrial Recov- Confirmation and continuation of the auto­ the home or living quarters of the em­ Union Leagu~; David Dubinsky, president of ery Act was, in a large sense, a substitute mobile labor board, as a means for the settle­ ployee, or the so-called shop, operated the. Internatwnal Ladies Garment Workers measure for the 30-hour bill, which had ment of labor controversies. within the home or living quarters of Umon; Arthur 0. Wharton, president of the already passed the Senate by an overwhelm­ Te.'l:t of the Executive order and the state­ the employees, as the term • home or Intern.ational Association of Machinists; ing vote when the recovery bill was introduced ment of the Pre iclent in connection there­ living quarters' is defined, constitutes Fra~c1s J. Gorman, .. international first vice in the House early in 1933. Nor do I need to prest~ent of the Umted Textile Workers of say that labor expected the act with are as follows : a violation of Codes which provide for * * • to the abolition of homework, except as Amenca, and others. accomplish substantially the same results as "An application having been duly made in provided in Executive Order 6711-A Industry was represented by Ralph El. those which would have been accomplished ~y llehalf of the automobile manufacturing in­ dated !\lay 15, !1934." ' Flanders, machine manufacturer; W. R. Web- the 30-hour week bill, bad that bill become dustr:~::, pursuant to and in full compliance That Executive order permits persons ster, brass manufacturer; Robert West, tex- law. with the pro\•isions of title I of the National · to engage in homewoi·k at the same tiles; H. H. Anderson, oil production; Noel Supports 30-Hour Bill Industrial Recovery Act, approved June 16, rate of wages as is paid for the same Sargent, economist; Hal B. Moore, woolen type of work performed in the factory, mill; Frederic,k W. Aldred, retailer; Charles "The American Federation of Labor is this 1933, and the provisions of the Code of fair year supporting with all strength at its com­ competition for the automobile manufactur­ If an employment certificate is obtained R. Hook, steel; Roscoe Edlund, consumer; C. H. Janssen, foodstuffs; Prof. 0. G. Saxon, mand the Black-Connery bill, providing for a ing industry duly approved on August 2-6, from the United States Department of Labor, and provided the person is phys­ business administration, Yale University; 80-hour week. It is taking this action prima­ 1933, for my approval of an amendment to ically incapacitated, or is needed at Peter Van Horn, silk industry, and others. rlly because the recovery program has not ful­ said Code of fair competition for the automo­ home for attendance upon an invalid, filled what labor considered its two primary bile manufacturing industry, and it having or bedridden. It does not apply to Codes Procedure is Outlined purposes-a reduction in the hours of work been found that the said proposed amend­ In opening the hearings, Ohairman S. Olay sufficient to absorb at least a majority of the covering food or allled products trades, unemployed, and an Increase in mass purchas­ ment complies in all respects with the perti­ industries or subdivisions, which con­ Williams, of the Board, announced the pro­ tain provisions prohibiting the manu­ cedure would be limited to consideration of ing power sufficient to create a market fer t.~ nent provisions of title I of said act and that products of industry and to give the workers the requirements of clauses .fl) and (2) of facture and/or processing of food prod­ the general aspects of employment provisions, not including section 7 (a) of theN. I. R. A., of this country the minimum goods and serv­ subsection (a) of section 3 of said act have ucts in homes. The text of the interpretation order and there wonld be no consideration of the ices to Which any human being is entitled. been met, and the National Industrial Recov­ is as follows : advisability of amending or modifying any "I submit first of all that a drastic reduc­ ery Board having made certain recommenda­ tion in the hours of work fixed by the Codes INTERPRETATION.- Application particular Code. tions to me: The Board's present position, Mr. Williams must be made, if we are to meet our problem of homework provisions as contained of unemployment. • • • Until we solve it, "~ow, THEREFORE, I, Franklin D. Roosevelt, said, is that a minimum-wage structure is in various Codes. we can hope for little in the way of recov­ President <;~f the United States, pursuant to socially beneficial not only as a safeguard to FACTS.-Complaints have been re­ the worker but also as a wage floor for the ery. • • • I believe sincerely that the the authonty vested in me by title I of the adoption of the 30-hour week in Codes of fair National Industrial Recovery Act, approved ceived that certain employees are en­ operation of tbe competitive system and there­ gaged in the practice of processing arti­ fore should be maintained. competition would solve this problem, would Jll;De 16, ~933.' and otherwise, order that the return to industry the major portion of our smd applicatiOn be, _and it is hereby, ap. cles, the material for which has been He pointed out that it is important "to de­ furnished by the employer, such proc­ termine the effect which inequalities in wages unemployed and would be the first step in the Pr?ved, and that, effective immediately the creation of the purchasing power' which is said. Code of fair competition for the ~uta­ essing being performed either in the above the minimum have upon competitive home or living quaxters of the em­ and other conditions and to ascertain what essential to recovery." mobile manufacturing industry be, and it is Answering a question by Blackwell Smith, hereby, amended as follows: ployee, or in a so-called shop operated the solution should be. * • • That geo­ within the home or living quarters of graphic and population and other wage dif­ counsel and ex-officio board member, as to "1. In article I, the seventh paragraph how a drastic limitation of bours, with com­ which has heretofore read as follows : ' the employee. ferentials, being concomitants of our indus­ QUESTION.-!. What is meant by trial developments, are to be treated as pensating pay increase, would effect unit cost­ "'The term "expiration date" as used of production, Mr. Green said: herein means February 1, 1935, or the earli­ "home or living quarters" as the term siguificant realities of the present situation." is used in Codes of fair competition The chairman urged that these "call for "We have shifted from the 12-hour day to est date prior thereto on which the President the 10-hout day and from the 10-hour day to shall by proclamation or the Co1.:gress shall which provide 'for the abolition of home constructive treatment of a character which work? will not violently disrupt productive and em­ the 8-hour day, and, strange and contradictory by joint resolution declare that the emer­ as it may seem, we have reduced unit costs gency recognized by section 1 of the 1ational 2.
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