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11985

F E D E R A L R E G I S T E R , Saturday, Septem ber 30, 1944
containing the names, addresses and oc was in a critical occupation, and such cupational classification of workers to be other information not prejudicial to the laid off. As used in this section layoff employee in seeking new employment as means a separation of a worker for a may be authorized or required by the period of seven 7 or more days because W ar Manpower Commission.
of lack of work. This definition excludes 1 Solicitation of workers. 1 No the reporting of the name of workers who employer shall advertise or otherwise 1 voluntarily quit or 2 are separated solicit for the purpose of hiring any in from employment for reasons other than dividual if the hiring of such an indi lack of work.
vidual would be subject to restrictions under this employment stabilization Sec. 7. Limited statements of avail plan, except in a manner consistent with ability. Limited statements of availabil such restrictions.
ity specifying a particular date on which 2 No employer shall interview for employees shall be returned to their pre employment, any person unless such per vious employer shall be issued by the son presents either:
United States Employment Service of the i A statement of availability from War Manpower Commission, whenever, his or her last employer.
in the judgment of the appropriate area the war effort will be served by such ac iii A statement on an authorized tion: Provided, That such action is agree form stating that he or she has not been able to both the employer and employees engaged in essential or locally needed involved: And provided further, That work during the previous 60 days.
such limited statements of availability j Hiring. The decision to hire or re shall not be issued for a period longer fer a worker shall be based on qualifica than 3 months.
tions essential for performance of or suit S e c . 8. Request to remain on or return ability for the job, and shall be made to a job. The United States Employ without discrimination as to race, color, ment Service of the War Manpower creed, sex, national origin, or except as Commission shall request any employee required by law, citizenship.
to return to or remain on his job and k Representation.
Nothing con shall request any employer to retain tained in plan shall be construed to re such employee in his employ:
strict any individual from seeking the a Pending any determination on the advice and aid of, or from being repre employees request for a statement of sented by, the labor organization of availability.
which he is a member or any other repre b Pending decision on the employees sentative freely chosen by him, at any appeal from a determination denying step in the operation of this plan.
him a statement of availability.
l General referral policies. No pro c Upon a final determination that vision in the program shall limit the au the employee is not entitled to a state thority of the United States Employment ment of availability.
Service to make referrals in accordance with approved policies and instructions Sec. 9. Definitions as used in this plan.
of the W ar Manpower Commission.
a Agriculture means those farm ac tivities carried on by farm owners or Sec. 4. Existing contracts. Nothing tenants on farms in connection with the in this plan shall be construed to prej cultivation of the soil, the harvesting of udice existing seniority rights of an em crops, or the raising, feeding, or man ployee under any agreement with his agement of livestock, bees, and poultry, employer.
and shall not include any packing, can Sec. 5. Advertising. Advertising for ning, processing, transportation or mar employees:
keting of articles produced on farms un a Shall not be of a nature which will less performed or carried on as an inci have a disruptive effect upon the labor dent to ordinary farming operations as market in a particular area, including distinguished from manufacturing or either the publication of wage rates commercial operations.
which induce turnover and piracy or b New employee means any indi the solicitation of workers by employers vidual who has not been in the employ outside an area except through arrange ment of the hiring employer at any time ments with the United States Employ during the preceding 30-day period.
ment Service of the War Manpower For the purpose of this definition, em Commission.
ployment of less than seven days dura b Should state clearly that employ tion and employment which is supple ees now employed in essential activity mental to the employees principal work cannot be considered without a state shall be disregarded.
ment of availability.
c Critical occupation means any c Should state clearly that before occupation designated as a critical occu employers hire employee possessing pation by the chairman of the War Man skills which appear on the/ist of critical power Commission.
occupations, clearance mist be obtained d Essential activity means any from the United States Employment activity included in the W ar Manpower Service.
Commission list of essential activities.
S ec . 6. Advance notice of lay-offs.
9 F.R. 3439.
e Locally needed activity means When possible at least three 3 days in any activity approved by the regional advance of the anticipated date of any manpower director as a locally needed layoff, an employer shall submit to the activity.
local office of the United States Employ f The terms employment apd ment Service of the W ar Manpower Com work as applied to an individual en mission for the area in which the em gaged in principal and supplementary ployers establishment is located, a list
employments mean his principal emnloyment.
g Employment stabilization plan includes any arrangement involving re strictions on separation or hiring of workers,- whether through issuance of statements of availability, referral by the United States Employment Service or otherwise.
Dated: September 1, 1944.
C arl B . H arr ,
Area Director.
Approved: September 25,1944.
F r a n k L . M cN a m e e ,
Regional Director.
F. R. Doc. 44-15076; Piled, Sept. 29, 1944;
11:20 a. m.

WAR PRODUCTION BOARD.
0-214
A tla s D is t r ib u t in g C o r p .

Atlas Distributing Corporation, a Massachusetts corporation, is charged by the W ar Production Board with a vio lation of Conservation Order L-41 in that in December, 1943, it began and there after continued construction on a ware house located at the corner of Sherman, Kansas, and Pitt Streets, Worcester, Massachusetts, at an estimated cost of $25,000. The purpose of the construc tion was to convert the warehouse into a bottling plant for wines and a store and distributing center for wines, liquor, and beer. Atlas Distributing Corporation ad mits this violation but denies that it was wilful and does not care to contest the issue of wilfulness and has consented to the issuance of this order.
Wherefore, upon the agreement and consent of Atlas Distributing Corpora tion, the Regional Compliance Chief and the Acting Regional Attorney, and upon the approval of the Compliance Com missioner, I t is hereby ordered, That:
a Atlas Distributing Corporation shall not do any construction work on the premises at the comer of Sherman, Kan sas, and Pitt Streets, Worcester, Massa chusetts, including putting up or altering the structure, unless hereafter specifi cally authorized in writing by the War Production Board.
b The prohibitions contained herein shall apply to Atlas Distributing Corpo ration, its successors or assigns, or any persons acting on its behalf. Prohibi tions against any action include the tak ing indirectly as well as directly of any such action.
c Nothing contained in this order shall be deemed to relieve Atlas Distrib uting Corporation, its successors or as signs, from any restriction, prohibition or provision contained in any other order or regulation of the W ar Production Board, except insofar as the same may be inconsistent with the provisions hereof.
Issued this 28th day of September 1944.
W ar P r o d u c t io n B oard ,
By J. J o s e p h W h e l a n , Recording Secretary.
P. R. Doc. 44-15051; Piled, Sept. 98, 1944;
4:39 p. m.