For release A,M, Papers ' Saturday, May 27, 1939 = ' "?• ' - . R-318

,.,, . U, S, DEPARTIENT OF LABOR .'" Wage and Hour Division

Washington , ,.

ADMINISTRATOR AmiOUNCES RbT.ES FOR TEICTILE AND HOSIERY VJAGE HEARINGS

Rules governing the conduct of public hearings on minimum wage •

recomm.endations nade by industiy comralttees v/ere made publio today by Elmer

F, Andrews, Adninistrator, Vfage and Hour Di-vision, U, S. Department of Labor,

v/ho will preside at the hearings. . :•

The rules vrill applj to the public hearing on the recommendations of

the hosiery conTr.ittee announced today for June 12 in the Department of Conmerce

Building, Vfashington, and to the hearings on the recomnendation of Industry

CoLinittee No. 1 (cotton, silk, rayon and certain other textiles) scheduled for

June 19 at the Hotel Raleigh in VJashington and June 26 at the Hotel Ansley at

Atlanta, Georgia.

The forr.ial notice of the hearings, signed by Administrator A.ndrews,

states: "Any interested person supporting or opposing the recommendations

. . . may appear at -fche aforesaid hearing to offer evidence, either on his own

behalf, or on behalf of anjr other person, provided that not later than five

days before the start of the hearings, suoh person shall file v/ith the Admini­

strator at V'Jashington, D. C , a notice of his intent to appear which shall con­

tain tho follovring irforriation;

"1. The rjB.-me and address of the -person appearing.

"2. If such person is appearing ir. a representative capacity, the name

and address of "fne person or persons v/hom he is representing.

"3, Vjhether such person proposes to offer evidenoe for or against the

I recommendations of Industry Co xiittee Ko. 1 and a brief sumAary

of what he intends to show,

,:'V " . (1252)

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" 4 . The approximate length of tine requested for his nresentation,

"Suoh notice may be mailed to Elner F. Andrews, Administrator,

TJage ar.d Hour Division, Department of Labor, Washington, D. C,

and shall be deemed filed upon receipt -fchereof,'* •'•'

The rules of the hearings announced "by the Adninistrator are: " y :''"',/,: ;.•

• ' , - - " 1 , The hearing shall be stenographicalljr reported and a transcript

made v.rhich vrill be a-vailable to any person at prescribed rates upon request nade

to the official reporter.

" 2 . The Presiding Officer nay oall for production of evidence upon any

issue and maj'- oontinue the hearing fro-n tin.e to time and to a place v.'hich shall

be shovm rn the record of the proceedings. •

" 3 . In order to maintain orderljr and expeditious procedure, the v'*';'

Presiding Officer vrill notify eaoh person filing a notice of intention to appear

of the day on and place at v/hich he najr offer evidence at the hearing. If such

person does not appear at the tine set in the notice, he vrill not be pemitted

to offer e-widence at anj- other tine except bj'- special permission of the Presiding

Officer.

" 4 , The Presiding Officer majr permit any person appearing ih accord­

ance Vi'ith notice of intent to appear described above to cross-examine any witness

offered by ano-fcher person in so far as is practicable and to objeot to the ad­

mission or exclusion of evidence bj'- the Presiding Officer, Requests for per­

nission to cross-examine a vritness offered "by another person and objections to

the admission or exclusion of e-vidence simll be stated briefly -with the reasona

for such request or the grounds of objection relied on. The record shall not

include argwaent thereon except as ordered by the Presiding Officer, The rules

of evidenoe prevailing in courts of law or equity shall not be controlling,

• , " (1252) ';:..:...,',.

ma O am .,-..•„_". ,

"5, Industry Conro.i-fctee No, 1 (or No, 3) vrill be represented at the hear­

ing by its counsel -who will open and olose the proceeding,

"6. All evidence must be presented under oath or affirmation, Vfritten

documents or exhibits, except as otherwise permitted by the Presiding Officer,

must be offered in evidenoe by a person v*.o is prepared to testify with respect

to the authentici-tj' and trus-fci'rorthiness thereof and who shall, at the time of

offering the docunent or exhibit, make a brief statement as -fco the contents and

manner of preparation thereof, Y,Tiere evidenoe is embraced in a document con- . .

taining natter not intended to be put in evidence, such docunent vrill not be

received, but the person offering the same may present to the Presiding Offioer

the original docunent together -vdth true copies of those portions of the v

docunent intended to be put in evidence. Upon presentation of auch copies in

proper form, the copies will be received in evidence, V'ritten documents and

exhibits shall be tendered in duplicate, but the person presenting the same

shall be prepared to supply additional copies if such are ordered by -the

,. r-\ri -,.^_f

Presiding Officer,

"7. Subpoenas requiring the attendance of witnesses or the presenta­

tion of docunents at the hearing may be issued by the Administrator in his

discretion and anj' person roaj'- applj' in writing for -the issvanoe by the Admini­

strator of a subpoena. Any application for a subpoena must describe as exactly

as practicable the evidence proposed to be secured bj' the subpoena, ITitnesses

sumruoned before the Administrator shall be paid the sajne fees and mileage that

are paid vritnesses in the courts of the United States, Y<itness fees and mileage

shall be paid by the party at v/hose instance the vritnesses appear,

"6. Before the close of the hearing, the Presiding Officer may in his

discretion offer to all persons v-'ho have appeared in the proceeding an opportuni-fcy

' . :; . (1252)

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to give oral argument in ivhich case the Presiding Officer shall designate a time

and place for such oral arguraent and shall place such restrictions with respeot

to -fcime and order of appearanoe upon persons gi-slng oral argument as he deems

appropriate to further the orderly and expeditious conduot of -fche proceeding.

"9, Any person who has appeared in the proceeding nay file written

briefs (not fev/er than 12 copies) with the Presiding Offioer within such time

and subject to such limitations and restrictions as are prescribed at the hearing.

Such briefs shall be a-vailable for inspection at the office of the Administrator

in VJashington, D, C, and copies may be obtained fron the official reporter at the

prescribed rates. Except upon oause shoivn, no reply briefs v/ill be aecepted,

"10. Except as najr be expressIj-- pernitted in partioular ins-fcances,

-the Presiding Officer vrill not receive in evidence any docvanents, letters or

other v/ritten statements subnitted for consideration in connection with the pro­

ceeding after the close of testinony, ...

"11, No order issued as a result of the hearing v/ill take effect until *

after due notice is given of the issuance thereof by publication in the Federal

Register." '•''':At ' . 'A/.y' :'• -• - • '• • '"' ':im••-: : .... '" ' •"''

, : . , „ , ••iyAiaf.y- ^ , • ., . , : „ . . . ,

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' • f y t • '.- y • . . - • . ' , " i ' i ' . i ^ i y f -

(1252)