Show rn 1 1 news VIA D THEN evil wan by PAUL mallan MALLON released by western newspaper union GOV government MAY QUASH HOST PORTAL ray PAY SUITS washington A bright actor ley identity unadvertised suddenly developed the idea a tew few weeks back that the seven months old pot I 1 ery cry decision might be used as a oasis for back pay suits against in lestry the idea was riot not new congress had it in a corrective bill which passed one house last session but thus originated the portal to lo portal suits which total more than two and a hall half billion dollars already and may reach five billions to signi billions the last figure apparently being the total business liability business organizations like the national association of manufacturers and the U S chamber of commerce have been rather unexcited publicly about the matter but their lawyers are arc fingering the wage hour it statutes atutes tta tules amazed and confused be ause no one knows how far it will to all ali industry could be overthrown with this one legal stroke vor or these following unstressed rea rca lons ions industry has no reserves to pay lack ack pay plus damages in amours axed by courts for estimated nonworking time including loafing on industrial property for the past nine years the five to eight billions must bust come from current earnings chich means the product price must de ae increased again to the public or must be cut that much in a jingle year in actual fact the gaims would amount to the same as mother 15 to 20 per cent wage bonus nerease nc rease for one year only PAY FOR GETTING READY th the e union suits in which has do not seek portal to portal say ay today and from now on they merely seek to apply nationally a 6 to 2 supreme court decision last june in the mt clements pottery case ruling that pottery workers at that company are en jilted to be paid tor for time spent on she he employers premises preparing or work walking to their places utting putting on aprons and overalls removing shirts taping or greasing arms putting on finger covers preparing the equipment for productive work mork turning on switches tor for lights md machinery opening windows nd ind assembling and sharpening tools so thousands of suits have been instituted to collect back pay to 1938 inder the wage hour law for any kind of 0 preparation for work parking time in amounts which can lot be calculated precisely although the companies will be liable or any amount the court decides to ix the 1938 law specifies this at al owin owing liberal attorney fees for ll li arting suits these are not publicity suits legally leally they are well grounded morally y you may think od hand that a worker has a right to such portal to ortal pay but that Is not the fine jointed question the amount involved tor for such current pay would lot be large enough to be econom cally important the actual ques ion is one of collecting back pay ic cumulated tor for nine years if the inions have a moral right to do that he stockholders certainly have a moral right to sue the unions for illions lost in their strikes during he past nitle nine years with result ng jig legal and financial chaos not that but the companies may morally orally Ti and legally claim tax reminds up to the full 95 per cent ex ess profits tax levy lor for any back ay settlements now made with dailar chaotic overturn of the tax chepules iche che dules involving the federal debt adget and expenditures SOVERN government MENT IS STEPPING IN consequently the government must top or limit the retroactive nature t f these suits I 1 suspect one reason ivay the industrial leaders have lot been more excited in print is that here acre are so many things the gov rement can and probably will do congress angress on gress had pending last session he ae gwynne bill to kill the ive back pay feature and restrict daims to bona fide cases furthermore congress can amend the law n any particular and is tar far less ander union control now than formerly also the government has entered detroit district court in the matter to seek a clarification of the law thus the chances are the suits will de be shorn of their nationally destructive force in one way or another nevertheless some industries are rom promising out of 0 court with the anions LEWIS STARTED IT in any event new portal to portal ay claims are likely to become a general beneral union demand tor for their next contracts on tracts in this connection eve every ry disruptive new labor idea can be traced to john L lewis lie ile initiated the vertical union dea which lead to the calamity strikes of w hole industries on a na jonal scale lie he developed the por al to portal pay idea for his bis miners te ie first acted out the public be policy of labor by calling cawn i coal strike in midwinter |