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FEDERAL REGISTER, Tuesday, August 1, 1939
No objections to the proposed minimum 40 cents an hour appears to be a pre wage rate were filed with the Adminis vailing minimum wage in the industry in trator, but a request was made for a spe its several locations. The evidence shows cial provision permitting the employment that in the case of New York, 4.65 per of learners in accordance with the pro cent of the wage earners receive less visions of the industrys Voluntary Code than 40 cents an hour, and in the case of Fair Competition on the ground th at of Illinois, 11 percent receive under 40
the volume of business at the time the cents an hour. From a combined stand wage survey was made was abnormally point, 40 cents an hour appears to %e low and did not reflect the industrys the prevailing minimum wage of 92.7
genuine need for learners at certain pe percent of the workers engaged in those riods. In view of the provision in the two States. The first concentration in Voluntary Code drawn up and approved the wage data for the States of Iowa, by the great majority of the industry and Minnesota, Michigan, and Indiana com the prevailing practice it indicates, I am bined also occurs in the 37.5 to 42.5-cent allowing a learner tolerance of not more interval. This also shows the prevailing than five 5 percent of the employees on minimum wage to be 40 cents an hour in the payroll for a period of sixty 60 days these States. In the States of Massa to be paid not less than eighty 80 per chusetts, New Jersey and Missouri com cent of the minimum, or 32 cents an bined, there are found only 5.8 percent of all wage earners included in the sur hour.
In view of the fact that the evidence vey and 40 cents seems to be a commonly of record did not include wage data for paid rate.
It is noted that there exists in the in the manufacture of 35 millimeter cam eras, projectors, and accessories therefor, dustry a practice whereby the employees these products will not be considered of the industry for the sake of con products of the photographic supplies venience pay, through the instrumental industry as defined for purposes of this ity of the employers disbursing office, certain obligations. Whether or not such decision.
The Census of Manufactures for 1935 practice contravenes the provisions of shows that the industry is located pre Section 1 b of the Act must be de dominantly in the States of New York cided only upon full disclosure of all and Illinois. In 1935 there were 40 es facts involved.
Where there exists at the plant of tablishments in New York and 23 in Illinois. These 63 establishments in the any bidder on Government contracts two States employed 88 percent of all subject to the provisions of the Public the employees in the industry in 1935. Contracts Act a practice of so using its The establishments of the State of New disbursing office for the convenience of York alone employed more than 80 per its employees, and where this practice cent of the employees in the industry has been in existence at the plant for a during that year. The Census of Man long continued period of time, the bidder ufactures reported th at in 1937 there should submit a full statement of the were 18,450 wage earners engaged in facts to the Administrator, Division of the manufacture of photographic appa Public Contracts, for a determination as ratus and materials and projection appa to whether or not the practice contra ratus. The wage data considered by the venes the provisions of Section 1 b of Board covered 13,573 wage earners em the Act.
I have examined the findings and rec ployed by 41 firms located in Illinois, Iowa, Minnesota, Michigan, Indiana, ommendations of the Board and the rec Massachusetts, New Jersey, New York, ord of hearing, together with the briefs and Missouri. Employees exempted filed, and in the light of the facts I hereby determine from the Public Contracts Act were not included in the wage survey made, and The prevailing minimum wage for em the Board advises me that the wage ployees engaged in the performance of data presented at the hearing represents contracts with the United States Gov in excess of 75 percent of all employees ernment subject to the provisions of the of the photographic supplies industry Act of June 30, 1936 49 Stat. 2036; 41
who would be affected by the Public U.S.C., Sup. in 35, for the manufacture Contracts Act.
and supply of cameras, including motionIt appears that the wage data are picture cameras except 35 millimeter;
adequate to show the wage structure photostat and blueprint machines; tri prevailing in the photographic supplies pods, film rewinders and reels, shutters, industry. The evidence of record shows and other photographic accessories ex that 855 or 6.3 percent of the employees cept 35 millimeter; such equipment as covered by the survey receive wages in flashlight apparatus, plate holders,, de the interval from 37.5 to 42.5 cents an veloping apparatus; supplies such as hour. Only 1.9 percent or 252 wage films, photographic paper, and plates;
earners receive less than 37.5 cents an and projectors of all types except 35
hour. This marked concentration of millimeter, to be 40 cents an hour or employees in the wage interval from $16.00 per week of forty hours, arrived 37.5 to 42.5 cents an hour shows the pre at either upon a time or piece work basis;
vailing minimum wage of all employees provided that learners may be employed covered by the survey. The midpoint or a t lower rates for a period of not to exceed No. 146------ 2

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sixty 60 days if the total number of such workers in any one establishment does not exceed five 5 percent -of the workers on the payroll, and if such learners are paid not less than eighty 80 percent of the minimum wage as determined, or 32 cents an hour or $12.80
per week of forty hours, arrived at either upon a time or piece work basis.
This determination shall be effective and the minimum wage hereby estab lished shall apply to all such contracts, bids for which are solicited on or after Allgust 14, 1939.
seal

F rances P e r k in s ,
Secretary of Labor.
Dated: July 28, 1939
F. R. Doc. 39-2819; Filed, July 31, 1939;
12:38 p. m.

In
th e M atter o f th e D eterm ination of th e P revailing M in im u m W ages i n th e
S oap I n d u st r y
This matter is before me pursuant to Section 1 b of the Act of June 30, 1936 49 Stat. 2036; 41 U.S.C., Sup. m 35 entitled An Act to provide condi tions for the purchase of supplies and the making of contracts by the United States, and for other purposes herein after called the Act. The Public Contracts Board, created in accordance with Section 4 of the said Act by Ad ministrative Order dated October 6, 1936, held a hearing in the m atter of the pre vailing minimum wages in the soap in dustry on July 13, 1938.
Notice of the hearing was sent to all known members of the industry, to trade unions, to trade publications, and to trade associations in the field. Invita tion to attend the hearing was extended through the national press to all other interested parties.
Testimony was given a t the hearing by industry members and by the Associa tion of American Soap and Glycerin Pro ducers, Inc. No representative of or ganized labor appeared at the hearing.
A survey of the wages paid in the soap industry during the month of January 1938 was presented in evidence.
On the basis of the evidence and tide testimony, the Board made its recom mendations. Thereafter, the Adminis trator of the Division of Public Con tracts circularized the recommendations and gave parties a reasonable period of time in which to register their objection thereto or their approval thereof before any determination in the m atter should be made.
The survey of the wages paid in the soap industry made by the Bureau of Labor Statistics covered the manufac ture of soap in bars, cakes, chips, and flakes, and in granulated, powdered, paste, and liquid forms, and glycerin;
cleansers containing soap, scouring pow ders, and shaving soaps and creams con taining soap, and washing compounds