The Camden chronicle. (Camden, S.C.) 1888-1981, August 11, 1933, Page PAGE SEVEN, Image 7
"
terpretations of President's
Re-employment Agreement
I |,terpr*ut?on?? Nob. 1 to 6
K president's Reemployment
I Client wa8 written in language
Eld to be flexible to meet varie
Af conditions. As a result, inBLutions
will be required from
C to time us uncertainities in the
KLtion of the Agreement deHT
Interpretation N?>- 1
I (concerning paragraph 7) #
hr*Kral,h 7 means, first, that
|\V.Qtinn of employess above the
Cum wage group (whether now
ijby the hoar, day, week, or
ITrtuse) shall' not be reduced,
Er to compensate the employer
Ktcreases that he may bo required
Lite in the minimum wage group
Ruder to comply with the AgreeE
or to turn this Reemployment
Cement into a mere ahare-theE*
movement without a resulting
Eje of total purchasing power.
KjrSt provision of paragraph 1 is
Egeral statement of whajt shall
Kg rest of paragraph 7 is a par ir
statement of what SHALL be
L vhieh is that rates of pay for
Eiyees above the minimum wage
Ep shall ho increased by
Ejtablc readjustments." No hard
Efast rule can be laid down for
K readjustments, because the varEs
in rates of pay and hofclrs of
would make the application of
formula unjust in thousands of
^Ei We present, however, the
Spring examples of the need for
Kothods of such readjustments:
flAMPLE 1. Employees ' now
^Efri? forty hours per week in
^Eiiries. When hours are reduced
^Eforty-five.the present rate per
Erif increased one-seventh would
the same compensation for a
Ku| week's work as before.
DAMPLE 2. Employees now
^Eting sixty hours per week in facKfe.
When hours are reduced to
Hkfy-five> a rate per hour if in'H&xd
one-seventh might be insufHacst
to provide proper compensaH|l
But, to increase the rate by
^ k-sevenths, in order to provide the
Hit compensation for thirty-five
Hn as previously earned in sixty,
Hty impose an inequitable burden
^Btk empolyer. The sixty-hour
might have been in effect be^Bpw
of a rush of business, although
iforty-hour week might have been
^Bmal practice at the same hourly
Seasonal or temporary inin
hours now in effect, or reincreases
in wages, are proper
Hdoh to be taken into consideration
k naking equitable readjustments.
H IV policy governing the readjustof
wages of all employees in
^ kimay be termed the higher wage
lltaps requires, not a fixed rule, but
Citable readjustment" in view of
^pt rtading differentials in pay
HWules; with due regard for the
that payrolls are being heavily
^Bowsed, and that employees will
benefits from shorter hours,
?? the reemployment of other
^ *rt?rs, arid fiom stabilized employH*t
which may increase their yearly
foregoing examples indicate i
necessity <>f dealing with this
jtoblem of "equitable readjustment"
higln-r rates of pay, on the
of consideration of the varying
^Bjcmnstanccs and conditions of the <
oosands of enterprises and employ* I
J?ts involved. Any attempt to j
H^lne a national standard would be
^ Wuctive ..j' widespread injustices.
Hp National Recovery Administrat\
*111, through local agencies, obWP*
?refully t ho manner in which)
H*P'?yers l- imply with their Agree-:
to nu-ki. "equitable readjust- j
i and will take from time to j
WT* an:, unce from Washington!
H|h.;
actio:; a.- nrjiv bo necessary to;
asos of unfairness and :
ntious employers in j
H^*1^ out in good faith the terms .
111 ''^idoyer signs an Agree* j
RiVn ar ' " his compliance |
D ALSO JOIN'S IN THE SUR-1
Kw!J0N ?f a CODE OF FATR
Ho ETITION before September l,j
iP Pi* determination of what are 1
readjustments" should be
at aast prior to September^
t a Prima facie compliance with
E *?reement. pending action by N.,
Hit? uP?n the Code submitted, or
EL! artion by N. R. A. taken to
War propPr interpretations or apH^0"*
of Agreements. This will
Ifcrvtv l an opportunity to
?i&lo ^ S*beral results of the Re
^fficnip^nt ^>ro^ram and to iron out
I A 168 an(* misunderstanding
I ^at are a stibi^^^rmcter.
j
Interpretation No. 2
(concerning paragraph 14)
. A person >yho believes that some
particular provis^n in the Agree mont,
because ? of 'peculiar circumstances,
will create great and unavoidable
hardship, should prepare a
petition to N. K. A. asking for a stay
of this provision as to him. He shouldthen
submit this petition to the trade
association of his industry, or if there
is none, to the local Chamber of Com
meree or similar representative organisation
designated by N. K. A., for
its approval. The written" approval
of the trade association, or such
other organization, will be accepted
by N. R. A. as the basis for a) temporary
stay, without further investigation,
pending decision by N. R. A.
The petition must contain a promise
16 abide by N. U. A.'s decision, so
that if N. It. A. decides against the
petitioner, he must give effect to the
provision which was stayed, from the
date of the decision of N. R. A.
10
The petition and approval of the
trade association or other organization,
as precrihed above, should he
forwarded to N. R. A. in Washington;
and the employer's signed copy of
the President's Reemployment Agreement
should bo sent to tho District
Office of the Department of Commerce.
After complying- with these
requirements the employer will be
entitled to receive and display the
Blue Eagle by delivering his certificate
of compliance to his Post Office.
Paragraph 14 is not intended to
provide for group exceptions, but
only to meet cases of individual hardship.
Interpretation No. 3
(concerning date of compliance)
It is expected that all employers
desiring to cooperate with the President's
recovery program will ?\gn
the Agreements promptly and mail
them in. It is recognized, however,
that it will be physically impossible
in many instances to adjust employ- .
merit conditions and to hire the necessary
additional personnel in order
to comply with fhe Agreement on
August 1st. For that reason, provision
has been made for issuing the
Blue Eagle only upon the filling of
a certificate of compliance. It should
be possible in most cases to make
the necessary adjustments and file a
certificate of compliance within the
first week of August, and such action,
taken as promptly as possible, I
will be regarded as carrying out the
Agreement in good faith.
Interpretation No. 4
(concerning paragraph 13
All employers are expected to sign
the Agreement, whether Codes have
beer, submitted * tpr R- A. or not
(unlss such codes have already been
approved); but after the President
has approved a Code, or after N. R.
A* has approved of the substitution I
of the provisions of a Code for
Agreements in the trade or industry
covered, conformity with the Code
provisions by an employer will be re
gardech as compliance with his individual
Agreement.
Interpretation No. 5
(concerning paragraph 9)
Where the July 1, 1933 price was a
distress price, the employer signing
the agreement may take his cost
price on that date as the base for
such increase in selling price a I
permitted'by Paragraph 9.
Interpretation No. <?
(concerning employments covered by
the Agreement)
The following groups of employment
are not intended to be covered
btf the President's Reemplyment
Agreement: y
1. Professional occupations.
2: Employees of Federal, State!
and local gQ.vernmer.ts and other public
institutions and agencies.
3 Agricultural labor.
4. Domestic servants.
5. Persons buying goods and selling'
them independently or persons
selling solely on commission, providcl,
however, that persons regularly
cm )hyed *o sell on commission, with
a base salary or guaranteed compensation,
come within the requirements
of the agreement.
Interpretations No. 7
(concerning paragraph 4)^
Time and a Third For Hours Worked
in Excess of the Maximum by -m I
ployees on Emergency Maintenance
and Repair Work.
Hours Worked in excess of the I
maximum by employees on crT|erf?en:
cy maintenance or repair work shall
be paid at the rate of time and onethird.
. j
Interpretation No. ? i
(concerning paragraph 2)
Seasonal Reduction of Hours of
Operation
The hours of any store or service |
5SS&328E2B32BGBHE3BBS
operation may b?5 reduced below/the
minimum specified in parugruph 2,
it the reduction is in accordance with
a practice of seasonal reduction of
hours and does not reault in deduction
of the weekly pay of employees.
Interpretation No. 9
(concerning the minimum wage for
apprentices)
Hie minimum wage provisions of
the Agreement do not apply to apprentices
if under contract with the
employer on August 1, 1988, but no
one shall be considered an apprentice
within the meaning of this Interpretation
who has previously completed
an apprenticeship in the industry.
Interpretation No. 10
(concerning the minimum wage for
part time workers) ?
The mihimum wage for a part time
worker in an employment described
in Paragraph 2 of the Agreement is
a wage such that if the employee
worked at that wage for a full week
of 40 hcfurs he would receive the minimum
weekly wage prescribed for
him by the Agreement. The minimum
wage for a part time worker in
an em ploy em nt described in Paragraph
8 ofJJie Agreement is the minimum
wage per hour prescribed by
Paragraph 0 of t^e Agreement.
Interpretation No. 11
(concerning maximum hours of store
operation)
The Agreement imposes no limitation
on the maximum hours of operation
of a store or 'service.
Interpretation No. 12
(concerning employments Included in
Paragraph 2)
The following are atmong the employments
included in Paragraph 2; .
Beauty parlor operators, Elevator
operators, Restaurant workers, Barbers,
Drivers, Janitors, Dish wahsers,
Delivery men, Watchmen, Porters,
Filling Station operators.
Interpretation ^>lo. 13
(concerning paragraph 5)
" Immediate trade area" is the
area in which there is direct retail
competition. In case of question, the
decision shall be made by the local
Chamber of Commerce . or similar
organization subject to review by the
State Recover Board.
Interpretation No. 14
(concerning owners of stores without
employees)
Owners operating their own establishments
without any employees
may obtain the insignia of N. R. A.
by signing the Agreement and a certificate
of compliance.
Interpretation No. 15
(Concerning Paragraph 4)
The maximum hours fixed in Paragraphs
2 and 3 of the Agreement do
not apply to an employee receiving
more than $35 per week and who is
acting primarily although not wholly
in a managerial or executive capacIty.
Interpretation No. 16
(Concerning . non-profit . organizations)
Non-profit organizations are considered
as employers for the purpose
of the Agreement.
Interpretation No. 17
(Concerning signing of Agreements)
An employer engaged in several
different businesses or employing
labor of several different classes
should sign but one Agreement.
Interpretation No. 18
(See also No. 12)
(Concerning employments included in
Paragraph 2)
The following are among the employments
included in paargraph 2:
Maintenance forces (including charwomen,
window cleaners, etc.).
Interpretation No. 19
(Concerning professional persons)
The following are included arrieiig
professional persons within the meaning
of Paragraph 4:
Newspaper Reporters, Editorial
Writers, Rewrite Men and other
members of editorial staffs.
Internes, Nurss, Hospital Technicians,
Research Technicians.
Interpretation No. 20
(Concerning Paragraph 7)
Supplementing Intrepretation No. 1
Paragraph 7 prevents the reduction
of compensation in excess of the
minimum, whether it is paid by the
'hour, day, week or month.
Therefore, an employee previously
paid by the day, week or month will
receive as much for the shorter day,
week or month.
An employee previously paid by
the hour will receive as much per
hour, but as shortening his hours will
reduce his actual earnings -per" day
>r week his compensation per hour
is to be increased by an-jequitable readjustment.
There is no fixed rule which can
be applied to determine wha^ is an
equitable readjustment. In general,
t will be equitable-to figure what the
j mployeee would have earned at his
previous rate per hour in a normal
week in the industry, and then to in".oase
the hourly rate so as to give
him substantially the same compensation
as he would have gotten for
1 r_
? w .
ILI "'i ' ?' - ? -Li., i -in.
that normal week. But confidetation
must be given to other factors, including:
Is the* existing rate high or
low compared with the average rate
paid in the industry? Will the resulting
adjustment result in an unfair
competitive advantage to other
employers or other trades or industries?
Will a long standing wage
differential be lost tif there is no increase
in the existing rate?
(4) Where the employer is bound
by the terms of a contract with a
labor organuad.i<p\ entered into as
the result of bona fide collective bargaining
and he is unable to effect a
change in such contract by agreement
in order to comply with the terms of
the President's jReemploymenfrlAgreement,
he may certify his compliance
with the President's Agreemeut with
the following exception: "except as
required to comply with the terms
of agreement in effect between the
undersigned and ,(name of labor organization).
<
It should be understood that this
exception can be made or\ly in the
case, of a contract not subject to
change at the discretion, of the employer
and then only after a certified4
copy of the contract has been filed
\yith the National Recovery Administration
and its approval has been
given to the exceptbo^n stated.
After shooting one man to death,
critically shooting a second and making
an unsuccessful attempt to kill
his estranged wife, Wilfred Land at
Norton, Kan., committed suicideTaxi
drivers of Buenos Aires,
Argentina, went on strike as a pro-,
test against the arrival there of a
large group of wounded German war
veterans from Hamburg.
Fourteen hundred mill operatives of
Rome, Ga., went on a strike Tuesday
and several mills there were closed
down pending adjustment. The operatives
demand increased wages on the
shorter hour basis,
? T>
? -
Two Meet Dramatic
Deaths at Lancaster
Two dramatic deaths occurred on
Wednesday when William Fvuns Caskins,
a loom fixer at the lancaster
Cotton Mills, catne to his death
through causes not yet determined
ami little Nell Thompson, six-yearold
daughter of Hoyt Thompson, who
resides near North Corner, met death
as the result of being struck by lightning.
Caskins died about 3 p. m. while
working at the local mill whore he
was employed as a loom fixer. No
one saw him fall but a number of
other employees saw him lying on the
floor in an unconscious condition. At
the request of Coroner Hegler an autopsy
was performed by Dr. Plowden
of Columbia and he said the autopsy
showed nothing that indicated death
from natural causes. ^
C. L. Melton, an electrician at the
mill said that the motor on the loom
on which Caskins was working hail
a bearing stuck and that he to^k it
otT and had it fixed. He said that he
loft Caskins to lino up the motor
wnile he attended to another motor.
The coroner's jury composed of N.
S. Chapman, C. 1). JOvans, W. F.
Monts, Will H. Wilson, Bowers
with T. O-artor Thomasson as foreman
brought in a verdict that the
deceased met death in an unnatural
manner which was undetermined.
..The other tragedy occurred about
D o clock at the Thompson residence:
near North Corner. Three children
of Mr. Thompson were lyipg on a
pallet on the floor of the residence
and it is supposed that lightning
striking somewhere near the top of
the residence came down the chimney
and struck the little girl. The
ceiling of the room was torn severely
by the lightning indicating that the
lightning bolt struck the higher part
of the building and came downward.
Besides the girl who was killed two
Gory Election ?
For Kentucky
Louisville, Ky., Auk. V.?Fourteen
slaying*, most of them attributed to
quarrels over Saturday's state-wide
primary election, occurred over the
week end in Kentucky mountain counties.
In addition ten were wounded.
The total was believed to be ft
record for the state. 'Most of the
shootings were in isoluted commupi- 3s!
ties, uttribute<l by officers either to ?
intense feeling over county races, to renewal
of old grudges on meeting ,
at the polls and at least one instance
to a quarrel over a liquor deal.
The total was increased to 14 by
the deaths today of Brown Strong,
54, in Breathitt (County, and Frank
Brock, 23, in Bell County.
Baby Drowned
In Lily Pond :3?|i
Dillon, July 31.?James McLeod,
13-months-old, son of Mr. and Mrs.
ClitTord McLeod. of lathe View, \yas
drowned in a lily pond at the home - Tof
hi.s parents Saturday afternoon.
The little fellow wasj fond of sitting
on the curbing and "watching
the llsh at play, but he was always
accompanied by a servant or some
member of the family. Ho wanI
dercd aw#y Saturday afternoon and
! a few minutes after he disappeared
! he was found lying "face downward
in the lily pool in 18 inches of water.
Life was oxtfihct.
"Nira Delano*** is the name given
to n new arrival jn the family of
Luther Pitman at Selma, N. C.
sisters- were sleeping on the pallet s
and the one who was killed is said to
have been on the outside although
rumors have been spread that the
child was lying between the two other
children.?Lancaster News.
[1
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