Indianapolis Times, Indianapolis, Marion County, 10 January 1947 — Page 11

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It might penalize the empioyer who

‘Some. Employers - Destroyed Files

By NED BROOKS Seripps-Howard Staff Writer WASHINGTON, Jan. 10—Some industrial firms being sued for ret-

These rules specify that employers subject to ths ip Jbor standards (wage-hour) ords of their workers’ time and pay for four years. ~~ *

aoe, SOUS LAP Ii desired.

confronted with 2

sums dating beyond the ‘four-year| of

record-keeping period — them as far back as 1038, when the law was enacted. Bills Cover Dilemma

ernment regulations, even though the rules later might be changed or overturned by courts. But until congress acts and fits action is validated by the courts, some employers still face portal suits

without being able to produce records. Two Ways to Operate Attorneys say four-year rule

~perate..in. one. of two ways.

discarded his records. Courts might hold that he was liable for a longer

solved him from any liability longer than four years. In some states, authorities point out, statutes of limitation would bring the period of lability within the four years, or less. In 11 states, the limit of such claims is two years. In 13, however, the period is six years. Thirtythree states, including those with the six-year period, have limitations running upward from three years, State Laws Govern Experts agree that state laws govern the retroactive liability in the absence of a federal statute. It also is agreed, however, that Uficértainty often arises about which particular state law is applicable. - . The bill of Rep. Gwynne (R. Ipwa). which the house § committee plans to consider soon, would establish a uniform limitation of one year for filing portal claims. Attorney General Tom Clark is on record as favoring a five-year period if any law is. enacted, while the labor department | has" vases hres years. Both EE ee have withheld approvil of a f limitation: oobi The departmental “reports were. submitted when an: earlier Gwynne measure was under discussion; New reportg will be asked now that the supreme court decision has produced _ the flood of suits. ". Former Labor Secretary Prances Perkins told the judiciary committee in 1945 that a “significant public interest” ‘is involved in outlawing “stale claims.” “But,” she added, “an employer | may protect himself from unjustified, suit by preserving the wage-hour records which he is required to keep four years under regulations of the ct.”

which

To Prove Trap “In Portal Suits

federal tran {mv and at

MIDGET HEATER—New Indiadiapolis product is the finy trailer heater perfected by Stewart-Warner Corp.

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Stewart-Warner Develops

Midget Trailer Heater

Indianapolis Plant Plans te Start Production on Model Adopted From Air Plane

By RICHARD BERRY 4 tiny trailer heater, designed to fit beneath the kitchen sink, the cook stove or in the bottom of a closet has been developed by the Indianapolis. (Sout Wind) @ivision of the Stewart-Warner Corp. Another peacetime adaption of the airplane heater made by the plant during the war, the new model will go into production here next week, according to Lynn A. Williams Jr., 8-W vice president and manager of the local plant, ened especially for people to the size of the trailer to be

{who lve in trailers, where space is’ “heated. -

limited, the unit is only 11 inches! The unif is engineered to operaté high, 10% inches wide and 23 inches’ on 110 volt, 60 cycle alternating long. |current. Burns Gasoline Retail price ‘of the unit will be

$99.50, the company said. Operated by sutomatic electrical Tests at the plant have shown ignition and equipped with safety! that the heste tin 50 controls, the unit burns any grade. a Ty Opefauing on of ant i line in a her. Per cent of capacity, will use about mi all-welded stain-| {70 gallons of gasoline to heat an metizally sealed tio chamber. average sized trailer in Indianapolis Atee] controlled, the ‘in January, coldest month of the year, of 125 cuble or a im) Total consumption for #. year, mim ie. 1 requires 0 mana) Rovere, vil be any about to aon, automatically changes January alone, The average temfrom high to low as necessary to Perature here in January, figured counter-balance heat loss, over a 46-year period, is 284 deIn addition, the heater pevTie grees. ventilation in the summer, +" Backlog of Orders “South Wind engineers deviloped,| South Wind has a backlog of Lis new. heating. system foleTing srder Tor Wik unit witch Will take(” the thought that trailers are no the first: three months’ production, longer mere travel or vacation ve- Mr. Willams said. hicles, but actually re nomen” Mr. gies Bg plant currently Williams are worl on: a kerosene'model of the same heater. Ducts. Attachable | The Indianapolis plant, known as “The heater will provide year the development plant of Stewart‘round comfort to inhabitants of Warner, also manufactures the er camps; both on university South Wind car heater and the at industrial centers South Wind midget furnace for SHIUenoLS the country.” { homes. - Both products operate on One or more ducts can be at- | the gas-burning principle used in tached to the heat outlet according | the plants airplane beaters,

Hog Prices Up 50 Cents; $23.25 Paid for Top Load

Hog prices turned largely 50 certs higher at the Indianapolis stockyards today with a top price of $23.25. e Sows gained a full $1. Vealers and fat lambs were active steady. Slaughter ewes gained 50 cents. ——-

, {sustained the government.

pede Nears|

Latest rumor is that Mr. Krug, anxious to get out of the coal business, is figuring on turning the coal mines back tg their private owners considerably before July 1, contract or no contract. Industry experts find that hard to credit because once the government surrenders the mines, under present legal conditions it cannot seize them again and thus would be giving up its only present method of assuring coal

jit |

Situation Uncertain

Back of the nebulous: situation is the further uncertainty about what he supreme court and. congress are going to do. The court is due to hear arguments Tuesday on whegher Mr, Lewis and the union were rightly fined for contempt in district’ court here 10r goahead with the December strike after being enjoined to ‘call it off. +Other legal questions are involved, but lawyers agree with a statement by the United Mine | Workers Journal that “the real issue is whether or nofMSthe U. 8, government, as an employer, is sub-~ ject to the same prohibitions ‘in issuance of injunctions in labor disputes ‘ as private industry , , whether the Norris-LaGuardia and Clayton acts, which prohibit issuance of injunctions in labor disputes, do not apply with equal force fo the government.” If the supreme court decides that the government can do snything if thinks is In such a situa« tion for the bublic’s protection, Mr. Lewis’ position will be weakened. But if the court decides in favor of the union, congress will be expected to move in quickly with some pew

about the sadie as if the court had

Congress - “Gonghess also may in several other ways to cut down the Lewis bargaining power. There are likely t.be laws. (0. rebtiict Enibniztios of ‘foremen; particillarly- when they are organized in the same géneral set-up as the men they supervise; and to prohibit exclusive adminis. tration by unions -of welfare funds collected from employers. These two items would be helpful ec eoducing an agresineni betwoy:

agement and labor sides of this basic business,

The southern group of operators _|has made itself clear on that ques “ition. It will wait. . The northern group said Dec. 19 it was ready to IiTy to negotiate a contract. Mr. | Lewis made no reply. i Dec. 7 he told the miners “if, as and. when such negotiations ensue,

In a ruling’ yesterday; Judge -

their former jobs.. Three of the veterans, Ray O. Kuhn, 1828 Sugar Grove gve, and Ernest H, Estes, Maceo, Ky. were

ner, 1120 W. Ray st., had been laid

| ployment was sufficient to establish seniority rights.” He is an employee

Res. all cases the court held that the veterans did not work long enough e qualify as permanent employees \ company employment rules. One May Be appealed It is belleved at least one of the cases will be appealed. Government attorneys. brought the test suits to determine further the employment status of veterans. The government contended that any veteran, who enfered” service from a job that would have become permanent had he remained on it is entitled to restatement upon his honorable discharge.

Deny Portal Pay, Plea to Court

Manufacturers File Brief in U. S. Suit

DETROIT, Jan. 10 (U. P.).—The National. Assopiatics: of + Manus}: facturers stepped into the con= troversy over portal-to-portal pay today with a request that the courts deny all claims for back wages. If the mounting tide of suits is not checked, it said, the “whole national economy” may be endangered. Even if make-ready time should be found to warrant extra wages, the petition said, they should not be paid until the law is firmly established. There should be no retroactivity, it said.

Brief Filed in Suit

inn a brief filed in the federal district court hearing the original portal-to-portal case. Suits asking more than $4 billions in back pay already have been filed by unions. The N. A. M. said the wave of suits is “a war of nerves against industry and against the Whole

law. S06 the general result will be | economic structure.” -

“The unions have gone into court | in" a spirit of grabbing instead of awaiting . real clarification of the | flaw," it“said.

High Court Decision

The suits were touched off by the | supreme court's decision in: the

pany case.’ The “high court held that walking time and make-ready time spent after the time clock was punched were “waqrking time” within the meaning of- the wage hour law. The supreme court sent the case .|back to the federal district court ,| where it originated, with instruc-' tions to compute the amount of pay due employees of the pottery company.

Bankers Trust Heads Re-elected

J oanvessss individual “by *

<The N. A. M, expressed its views!

Mt. Clemens Mich.) ‘pottery com=#f =

ite tr wl Tae fake SOMES of eles ide ti : selective service act has been lost in federil court. American Robert. O. Baltaell held that four|Americs employees of two Indianapolis industrial plants were not. entitled to

Lae, 1 Vn we: Allen W, Bo

tempor lo f P. R. Mal | Kg: ‘Wants Out Ty En wrcy tered mili ¥ tary service, the judge ruled. ee | a Turns Down Suit _ By FRED W. PERKINS A fourth veteran. Dewie H. Tur-Scripps-Howard Staff Writer

NASHINGTON, Jan. 10. — With off at the Chevrolet Commercial S the slipping by” toward (Body division of General Motors Refuses to Sue A 31, when there may be|Corp. at the time he entered service] For Portal Pay another big coal strike, many are|His case involved whether this em-|

‘A million-dollar portal-to-portal pay suit recommended by national union officials will not be filed by the C. I. O. union at P. R. Mallory & Ca. The 2000 workers at the local electrical mahufacturing plant yoted against filing this type of suit against the company because “there are no grouhds for it.” At a meeting held Wednesday, only one vote was cast in support of ghe recommended suit, declared Charles ‘Snodgrass, president, local 1001, United Electric, Radio and Machine Workers of America. “I don’t believe we could justify the suit,” the union official assérted. “We have received enough time to change clothes and prepare for ‘work.” He added that ‘the membership did not feel that a national representative of the union who visited ‘here recently understood the situa tion at the local plant. The visiting official ‘had recommended filing of the suit as “part of a Jatonal

Before he meeting, members ‘were

stewards, who reported unanimous sentiment against the suit.

secrefary-treasurer. Donald - Lyons is president of the stewards council. ’

Farm Bank Dividend The Federal Home Loan bank of Indianapolis distributed” its 29th consecutive semi-annual dividend to 217 member institutions yesterday. The dividend totaled $108,485, bringing total dividends paid by the bank to date to $2,130,337,

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