xt7kh12v6014_206 https://exploreuk.uky.edu/dips/xt7kh12v6014/data/mets.xml https://exploreuk.uky.edu/dips/xt7kh12v6014/data/2008ms006.dao.xml Benham Coal Mines. (Benham, Ky.) 151.0 Cubic feet 302 Boxes The Benham Coal Company records (151 cubic feet, 302 Boxes; dated 1911-1973) focus primarily on the early years of Benham Coal through the 1940s, including office files, Employee Benefits Association records, files on accidents and safety, and photographs. archival material English University of Kentucky This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. For information about permissions to reproduce or publish, contact the Special Collections Research Center. Benham Coal Company Records African American coal miners--Kentucky--Harlan County Coal miners--Kentucky--Harlan County Coal mines and mining--Appalachian Region Coal mines and mining--Appalachian Region--History. Coal mines and mining--Kentucky--Benham--History Company towns--Kentucky--Benham Correspondence and Cases text Correspondence and Cases 2015 https://exploreuk.uky.edu/dips/xt7kh12v6014/data/2008ms006/2008ms006_19/2008ms006_19_11/18762/18762.pdf 1938-1942 1942 1938-1942 section false xt7kh12v6014_206 xt7kh12v6014 CP· -
FOR OFFICE USE ONLY
WlSCONSlN STEEL COMPANY
Mr. L. B. nobertoon, Gen.Supt.,
V { " W " . °hl ze.; Ill
FOR liscmeln bte¤l orim, w0 u o 60, . DATE October 91. 1938
Mr. Nels Nelson, Gen.9upt.,
DEPARTMENT Wisconsin Steel Mines, Hibblngg, Minn.
OR WORKS "
. _...~Mr. R. irl. Gdbreeth, Supt.,
*°“RLE"E“ Wisconsin Steel Go.Inc., Benhem, Ky. F 4
???'$?T~¤· 1=.·=.1n meson or ··;.‘ mr:
I em sending to eech of you three copies of letter of
October Blot on ”FAIR La¤Od 3TAND¢hDS nGT", that is being sent out
to the superintendents of all works of the mnnufecturing ond of the
Herveoter Company.
kleeoe reed it cerofully ono check up your force end
rote; to the end of finding out ooeitivoly no to whether there is
any employe being polo leee then ?5¢ por hour (either on n dey rote
or enlnry roto), elso whether thero are eny employee working over
eight hours per dey or forty hours por week who ere not receiving tina
and e hrlf for it, except those eelerieé employee on clerlcel Jobs which,
I tote it, are receiving overtime on e etreight time eerie end let us
heve o report ee to just who they ere, so requested ln the letter sent
to the Ti`x¤1l1l{?=CtLLI‘lXl{§ plonts.
J T
1*.5.- It is my uxnderstondimg thet we nre now poyinzg to workers time
and ¤ half for ell time over eight hours in one éuy, ond for ¤l1 time
over iortr hours in any one week, but in the case of clerical help on
re s==l¤.1’y Deals, we ere peyingg Just atr¤1·ght time for ell time over
eight hours in one dey end ell time over forty hours in one woek,- end
this you nre to continue until further advised. It may be there will
have to be sono nodificntion of this practice ne e result of this law.
__ I: X _ GEORGE kl. AOSE
F5" T
MANUFACTURING DEPARTMENT
DEPARTMENT
gzivvglgxs CHICAGO, u.L.,
October 21, l9§8
FOR MRT
CTEBAEETNO. YOUR LETTER
FAIR LABOR STANDARDS ACT
With the advent of the Pair Labor Standards Act, commonly known
as the Urges and Hours Act, it becomes necessary that we consider the law
from the standpoint of its application to the Company*s business.
The law becomes effective October 2U, l938, and covers industries
engaged in interstate commerce or in the production of goods for interstate
commerce. Therefore, it is applicable to all operations of the business.
However, the act provides certain exemptions which are being studied by
a committee, and as soon as possible detailed information will be issued
which will clarify the regulations under which you are to operate. The
delay is caused by the fact that complete regulations have not yet been
issued by the Administrator of the law,
The intent of the law is to provide minimum hourly rates and
maximum hours after which overtime must be paid to all eligible employes,
male and female. The more important provisions are as follows:
Minimum Wgge Provisions
Beginning October EU, l9?S, 25¢ per hour is the minimum rate for
all employes. Beginning October 24, l§§9, the minimum advances to 50} per
hour, and beginning October Ee, l9U5, the minimum rate will be UO¢ per hour,
The law provides, however, that industry committees may be appointed by the
Administrator for the "ur ose of studvi 2 wcse conditions and that such a
P P u mi Rb
committee may recommend higher minimum rates (not to exceed UO¢ per hour)
at any time prior to the obligatory date,
Bpur Provisions "
Beginning October QM, lQ§E, the permissible hours per week are UU,
after which overtime must be paid. Beginning October EU, lQ§9, this is
reduced to U2 hours per week, and beginning October EU, lQUO, it is reduced
to no hours per week.
The law provides that for any hours worked in cxcess of the ,
pormissible hours shown above employes must be compensated at a rate of one _ _
and one—half times their hourly rate of pay. _
(Note: The wage and hwur regulations apply to both hourly~paid
and salaried employes, excepting certain employes who are exempt,) These
exempt provisions are being carefully considered and detailed instructions
will follow, In the meantime some of the exemptions provided for are:
l. Employes engaged in bona fide executive and
administrative capacities.
2. Employes engaged in professional capacities,
3, Employes engaged in local retailing capacities,
-3.
H, Employos ongagod as outside salcsmon.
5, Employcs cngagod in any local retailing or sorvicc
establishment thc rrcator art of whoso sollinz
I E: u,
or servicing is in instrastato commorco.
6. Appronticcs, lcarncrs and handicapped workors,
Child Labor
No pcrson undor lo yoars of ago may bo employed, and
Io person under 13 years of ago may bo omploycd in a
hazardous occupation,
General
In vicw of tho fact that full information is not availablo at thc
iomcnt, our host advice is that ovortimo work for salaricd cmploycs bo
oliuinatod if possible, or it least hold to an absolute minimum, If it is
absolutoly ncccssary to work salaried omployos in cxcoss of the prcsont
hourly schcdulos, than for the time being it will bc in orior to recompense
thou in accordance with prosont rules, If future regulations under tho law
necessitate a change, than obviously an adjustment in componsation will bo
mado to tho cmployos for such ovortimo hours,
In order that tho Management may have a complete picture of tho
individual problems involved, wc ask that you immediately (ty return mail)
advise whcthor or not you have any employes working at a rato of loss than
E". or hour anu also whothcr you have any omuloycs who arc rogularli
D , J A J -
working on a schedule of more than S hours por day or UQ hours por wook.
If you have any such ciployo, ploaso submit his nano, occupation,
ago, length of service, hourly or salary rate, and thc number of schcdulcd
working hours por day and por wcck, Please givo us any recommendations you
may have for adjusting tho futurc working hours of thcsc cmploycs. Effective
at oncc (October QU, l9§S) hourly oarning ratos of all omployos should not
bc less than 25¢ por hour, This is your authority to make any upward
adjustments necessary to tho 25¢ minimum ratc.
No doubt a great many questions have arisen in your mind as a
result of publicity rogarding tho law and wo assure you that every cffort
is being cxortod by tho Management to determine the requirements of thc
law in order that you may have full information as soon as possible. In thc ,;
moantimo wc ask your full cooperation in avoiding any issue which might bo °
croatod by reason of omploycs working ovor c UU~hour wook. , #pQ '
`€·>
No arc attaching a copy of tho law togothor with an cxplanator_ 5p*}# %q
statomont issued by tho Department of Labor, ‘V0jX»J 6 1Fd€—
. \• i_
A N sr mono 5 V "/ L/Q
CC: WORKS MANAGER Manager of Manufacturing \ {xs J
WORKS AUDITOR \ “
EMPLOYMENT EMHAGER
HARLAN COUNTY COAL OPERATORS' ASSOCIATION _
HARLAN KENTUCKY
L-;¤—>•-
October 22, 1938 7045 File - 1040
TO OPERATORS:
The Wage and Hour Division of the Department of Labor has made public its reg-
ulations having to do with defining the terms executive, administrative profes-
sional, etc., as used in the Wage—Hour Act, and I quote below the ruling of the _
Department as to the Executive and Administrative.
The term "employee employed in a bona fide executive (and administrative.......
capacity" in Section l5(a)(1) of the Act shall mean any employee whose primary
duty is the management of the establishment, or a customarily recognized de-
partment thereof, in which he is employed, and who has the authority to hire
and fire other employees or whose suggestions and recommendations as to the
hiring and firing and as to the advancement and promotion of any other change
of status of other employees will be given particular weight, and who customar-
ily and regularly exercises discretionary powers, and who does no substantial
amount of work of the same nature as that performed by non-exempt employees of
the employer, and who is compensated for his services at not less than $30
(exclusive of board, lodging or other facilities) for a workweek."
LOCAL RETAILINC CAPACITY
The term "employee employed in a bona fide...local retailing capacity" in
Section l5(a)(l) of the Act shall me8n any employee who customarily and reg-
ularly is engaged in making retail sales the greater part of which are in intra-
state commerce, or who performs work immediately incidental thereto, such as the
wrapping or delivery of packages, and who does no substantial amount of work of
the same nature as that performed by non-exempt employees of the employer."
CCEMISSARY CLERKS
As to this character of employee, our Counsel advises that commissary clerks who
are engaged exclusively in the retail sale of merchandise in the commissary are ‘
expressly exempted from the wage and hour provisions by Section l5(a)(l) and also
by another paragraph of Administrator Andrews' ruling above referred to and his
ruling also exempts any person you may have employed, if any, to deliver merchan-
dise from the commissary to purchasers in the camp.
Our Counsel is of the opinion that scrip, payroll and billing clerks, under a
literal interpretation of the Act, are covered by the wage and hour provisions.
Doubtless there will be further rulings from time to time.
éyvbbf Yours truly V
it N I { U
W.; ;,_lG ~
.y ·; _. _,
,. L2;
étqiyi 7 s#L£49* ;5» ¢;(£// L
H}ULf _ Secretary
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Mr. Gao. E., Hman, Ptxeemidant -3-
w3c nvm paid Straight timw for all www? timnu
In the cnsa of the hotel, tha school Mud the hospital? all th2$@
chamgas ?0r janitcrs nnH maids hmvw been put into affect this weak, and ihi$
puts our winla plmnt an n minimwm w? 26d nar Hour, airht bcurs pur day, and
40 hours pw? waek,
There is juni naw thin? that we would like to huvn u ruling on
and that is that tha Mix day pv? weak ¤hi*ta *n the ewan of the hotml and
the mnhmnl and thu hnspitnl and tVm tipplu xyv sutisfuctcry.
laura very tru;y,
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?£C:G
-
October 28, 1955
Goo. B. Pose, President
{FIR bowl; ;§“i‘!\’T?@£EDi$ XCQ
Le wish to ncxnowledgo your letter of Oct. 21 togethcr with three
copiee of letter of Oct. Sl on “Fnir Lwbor btnndords xct" thnt is being
sent out to the ¤npori*teudout2 of all works of tlc manufacturing cud of
tac nwrvester Company. Je nlso received pith thix letter three conice of
the low together with three oxplnnntorw etntemants issued ow the Venertmont
of labor.
.o have had eevorvl edjuetrmnts to make in various occupntinne
here at woohoo to meet the requirements of lnu and in none cases it has been
rntior difficult to work out these c&aw·es .itnout nddinp to t’c cxpenxe of
the vdriouzs o ·c·rm.iin;; ui’i`cctod.
i;jE£§ In the cnxo of ·nr hotel orcrwti n here ot Jonkam, .e are
rot sure wiotber or not tbir in covered oy tVo uct, however se do feel
tnnt no nqubt tbe hwtcl o;erntion ¤lculd c+me 4it%in tne re_uir*mentc of tre
comnun is ruling: for on eight Qour diy uni v forty Four neck and fic mini-
mun of 25; por .>ur. »o have talked to t&e management of tome of the Lotel
ooerators in our vicinitj and they are rot coin, nnyt*ing ~bout the mnttcr,
statin; thet tb~ir advice in that hotels are exempt from tlc conditioda of
the e·;rt»
’t our hotel hcr~ we wave four colored peoole ~ vo men ond two
women · who have been v—o# orkimg seven days n week end considerably ovcr the
forty Yours por week. Their salaries run ?rom p4b.OT to g5£.OO u wowth
clue board woo lodging, wbic? is figured nt g3b.¤O per month, ma?ing their
salaries from ·E0.0* to £?¤.@0 nor ronth, From which ¢55.0W wor ro~th is
deducted w'e~ t`cY receive t*eir on; envelopes. Tbic brings theme emulcyce
well wit in tlc 354 vcr {our limit ond we here cut their hours per week
oown to Forty uoreod over a six dor weriod, wl icing euc“ employe of? owe
day ner week and nrrongiug tweir services tbro vb tbe dor oo that each one
will love time orc botweow meela, and Linn limiting tueir Four; nor dei tc
eight. T*ie change has beow mane witiout adding nwy omnloyeo or any exienee
to the ¢*er¤tion. It simply mcuuc ibut wore .ork Mill love to be dove in
loca time nv the awne number of employee in order to give tHe same Service
to the nntronc oF the hotel. e believe thnt tkic can be accomplished on
account of the tyoc of the emwlcyee. nnywny we have out it into effect and
mill give it u tborough try—ovt.
JGQOOL: lt our J\ite and colored Scuool buildings .e have mode o
downward hourly adjustment in the time of the jenitors without effecting
their wages. These jnnitorm ore colored peoole ond work on a ealery basis.
The ex ence of the operation will be the ence, but the work will here to be
‘cne in lobe time t~nn nreviouely as tley Rove been brought down to 40 hours
ner week and eight Hours per dey, In one porticulnr coco toe Vourly rate
is Zbc and in niotbcr cane the Rourly rote ie 27q. Theon occupations, as
nt the hotel, arr verv much toc Home no those of domestic Youcehold servant?.
Mr. Gao. Eh loose, President -2-
»c are not so ourc that thooo 0conputi~¤s como iitiin the racuiromants of tho
Act, but we boliovo that wo can accomplish the work that is noocsoary to do
with *ho same force and still remain within the requiromcnts of tho company's
ruling.
gQ§g§§&&; Our honoitnl and doctoro’ office is taken caro o? by two
colored maids Whose dutino nr~ to 4onp tho buildin; cleaned up at ull times
and do the cooking for the putiouto in tF¤ hospitwl. ?hair services are
nroctiowlly tho Sumo as domostic bouwoholo servants. Tkoy have been working
aix Tour; owr dow oooh, oouon days a uook, and Luvo boom tnxio; two moalo
at tHo hoooitol ooco day. i talkod this oituutinn over with Ur. Hullon ond
no docidod to *ivo oooh ono of thoéo muiow ooo dnt off ouch wack ~:d lot the
nuraos fill io ith t?oir :or%, w six “our Shift on ono day and n six XOMT
sxift on emot or Guy. Tnis Jill bring ttooo maids? hours down to 56 Fouro
nor mock and their salorios oro VHn.QO por no;th oluo {l5.0¤ por month for
meals, or u total of V59.OQ for Qpt hours, wLich Tiguros out at thc roto of
25; por hour.
TIPPLE: at our No. l tipplc we have two mixht watchman covering
twelve hours of sorvico ooo} night, Tue mum vorks six hours on the first
opift ond the other man works six hours on the second shift. Nucl of those
mon works six days a wowk. T%oy como within thc limits of the aight Fours
Q day, 40 hours a monk, and 25g por Hour, however they Go work Six dovs
por wack inotoad of fivc. 7Nc ”th Gay of their Shi"t is filled in Wy the
co~bi¤ation xi ht wutcimnn and payroll guard. Thio is tho owly case at
tho plant whore wa Love mon *mrking xix dayo por wack ottor ttoo Some few
oolariod om lovos who work six Guys m nook tnkiru two half dayo off ouch
wack. lc believe that this oroooduro ia all right since thorn is nothing
said about thc numoar of dnyo por nook tw bo workod. It uould bo dif”icwlt
to make n chango Boro to five dayx u wack on account of iho fillinr in
;ith other mem ix other occuputi no and materially adding to the expense
of the operation as those two 36 hours por wack shifts roudor sufficient
sorvico for taxing curo of those night watchman jobs.
GHNEHAQ: In several of our operations here on tho outoida of the
plant including the bath house, filtration plant. night watchman, central
heating plant, and icc plant we have mon on several occupations ·,·, r`o fill
in time on othor occupations in order to stay within the limits of the
rcquiromonts of tho aight hour day and 40 hour week. In those occupations
there is n lot of looping over and changing from one job to another. which
complicatom tkinys in kooping track of the varying ¤’ifts, In those several
CHGGS, Rowavor, oatisfnctorv schaduloo have been worked out and those jobs
have boon going on now for a lowg while on this basis and mono of the
omaloyes on those onrticulnr jobs oro working more than eight hours a doy,
40 hou?S o Nook, ond Tivo duyo u wook.
Of course you know that in tho cuoo of our mining occupmtin~s
no oro limited to Bevan hs rs a dny und 55 hours n wack and time and n half
for over time above all thsoo limits. »ll othor occupations on the job
are limitod to aight hours u Guy and 40 hours w wack and time ond o half
for over time beyond those limitoo with tho cxc~ption of salaried employes
Mr. Geo. E. Rosa, President -5-
who are paid straight time for all ovcr time,
In the case of tho hotel, tivo school amd the hospital, ull these
changes for Janitors and maids have boon put into effect this wack, and this
puts our whole plant on a minimum of 25¢ por hour, aight hours por day, and
40 hours par wack.
Thoro is just one thing that no would like to have a ruling on
and that is that the six day por woah shifts in the casa of the hotel and
the nchcol and the hospital and tho tipplo nrv Sutiafuctory.
Xours vary truly,
i5I5GOM4Ii STEEL COkUUL&f
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Ur. R. E. Galbreath, Supt., November 2, l9j8
Wisconsin Steel Oo. Inc.,
Bonham, Ky.
FAIR LABOR STANDARDS ACT:
‘ I have your good long letter of October 28th on “Fa1r Labor
Standards Act", and I believe you have done e good job in your
arranging the working schedule end hours of the various employes
mentioned in your letter of the 28th.
It’s a question in my mind whether some of these employes
ectually come under the 'Fsir Labor Standards Act', I meen such ser-
vice employes es those uted st the hotel, school and hospital, etc.,
but nevertheless I believe that if the work cen be done satisfactorily
in shorter terms and not working more than six days per week, even
where they work only six hours per day, that it is better to have the
work done satisfactorily in shorter terms and not over six days per
WG€k•
In other words, I believe the arrangement of hours and days
to be worked as outlined in your letter, end which you have come to as
a working schedule, is better than the working layout before October 2Nth
when this "Fair Labor Standards Act" became effective. I say, I believe
it is better even though it is e question in my mind, and also in your
mind, as to whether we were really obliged to rearrange the working
hours and schedules of these employes due to this Act. I say, at any
rate, it is better to have them work more expeditiously and efficiently,
and in s wlde—aweke manner for shorter terms than to have them dronlng
around for such long hours per day and per week.
I would remark that where employes receive their board and
lodging as psrt psy, it is my understanding that it is not necessary
to pay them 25¢ sn hour in addition, in order to meet the minimum wage
limit. Their board and lodging is figured in ss part of their psy even
when meeting up with the 2§¢ per hour minimum, but as I understand you p
in the two parngraphs on the hotel, you are Just paying them the same
wages, including board and lodging, that they have been peid heretofore
and they are going to do the same emount of work that they hsve done
heretofore but in a shorter period, vis., not over forty hours per week,
but it may be spread over six different calender days. As I understand
the regulations, that ls quite permissible.
The second peregreph on the hotel is not quite clear as it reeds
quoting! ” ***Th1s brings these employes well within the 2§¢ per hour
limit and we have cut their hours per week down to forty spread over e six
dey period, allowing each employe off one day per week and arranging their
services thru the dey so that each one will have time off betseen meals,
and thus limiting their hours per dey to eight.“ If they are putting
in eight hours per day, end are working six dey periods per week, they
/
Mr. K. E. Gslbresth,- November 2, 19}8
- 3 n ‘
would be putting in more than forty hours. However, I teke it that
you are arranging their work so thst they are not putting in over forty
hours ln one week, or eight hours in any one dey, and yet are accomplish-
ing the requirements of the job in e sstlsfsctory msnner.
Referring to your lest peregrsph, it is, of course, our Compeny's
wish that the employes be worked on eight hour shifts, end not over forty
hours in any one week. (We understand, of course, the coel miners have
seven hour shifts, five dnys e week.) However, I take lt, that in the
csse of e couple of wstchmen or hospital meld service where it is more
edv¤ntsgeous to work six hours o day, end then six days s week, it would
seem to me that it would not be s violstion of the "Feir Lebor Standards .
Act“, but it is s six hour shift or e six hour dey, end it is not psr~
ticulsrly desirable to start sn entering wedge for employes to urge or
demand s six hour dny; but, inasmuch ss these srs wstchmen, or Janitors,
or hospital servsnts, I don't think it will have much to do with creating
s tendency for the six hour dey on the part of reel workmen, especially
since these six hour dey employes are obliged to work six days per week
instesd of five.
As fer es meeting the stipulations of this law 1s concerned, I
think it would be ntirely in accordance with the lss to work the six
hour shifts, and six days per week, thereby not exceeding forty or forty~
four hours ss celled for by the lew st the present time,· but ss you are
spperently fully ewere, our Company sims throughout the whole Company
to work employes within the eight hours for any one dey, end forty hours
for any one week.
GEORGE: H . ROSE
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MANUFACTURHKEDEPARTMENT
H ·¤ T
r' WORKS
CHlCAG°"LL" November 9, l9§8
FOR MR;
SUBJECT
°R FILE "°· FAIR LABOR ST.l\.IIDA.RDS -A-CT voun LETTER
For your information and guidance we are attaching a statement
of Company policy on the payment of overtime to salaried employes, con~
forming to the requirements of the Fair Labor Standards Act.
The policy outlined is effective as of October 2U, IQBS, the
date on which the law became operative. Therefore you should immediately
review your overtime experience since that date and make adjustments in
overtime pay to eligible salaried employes, made necessary by the applica~
tion of this policy.
Time and one half now paid to hourly~paid employes for hours
worked in excess of 3 hours per day, or Ko hours per week, will not be
changed. Obviously this procedure is more liberal than the requirements
of the law,
In the following groups of salaried occupations, typical of
those in your own organization, you will find classifications of exemp—
tions and non~exemptions as provided for in the law. It is quite possible
that this list of occupations is not complete, but it will serve as a
guido, There may be employes on other occupations whose status must be
carefully deter»ined. In the near future the Works Manager or Assistant
will visit your Works for the purpose of discussing the classification of
all salaried employes with you, the Yorks Auditor, the Engineering Depart-
ment head, and the Employment Manager.
The following occupations are construed to be exempted under
Section l}~A of the Act.
EXECUTIVE AID ADMINISTRATIVE OCCUPATIOIS
Superintendent Employment Manager
Asst. Superintendent Asst, Employment Manager
Asst. to Asst. Superintendent Metallurgist
Night Superintendent Asst. Metallurgist
Production Manager Chief Chemist
Asst. Production Manager Chief of Eire & Watch
General Foreman Asst. Chief of Fire & Watch
Foreman Safety Inspector
Asst. Foreman Head Tool Estimator
Staff Dept. Heads, including Efficiency Man
Order and Schedule Man Head Time Study Man in charge
Cost Reduction Man Head Traffic Man
Plant Engineer Chef or Restaurant Manager
Mrster Mechanic Head Draftsman in charge
Chief Inspec