Harold Hitz Burton

“ The legislative history shows, in my judgment, that Congress did not have in mind so expansive and destructive an exemption as literal application of § 13 (b) (1) and the Court's ruling [37] would produce. Congress clearly intended to exempt some employees who do not devote all their time to such work. But at the time it acted its primary concern and that of the Commission [38] were with fulltime employees, principally drivers, so engaged. ”

“ Interpretative Bulletin No. 9, October, 1943, Wage & Hour Manual (1944-1945 ed.) 520, 523.↑ The Court purports to adopt the Commission's basis for determining what employees are within the safety power, especially as made in Ex parte Nos. MC-2 and MC-3, 28 M.C.C. 125. But since the test the Court now prescribes is apparently one of 'substantial effect' rather than 'substantial time,' see note 8, it differs from the basis of the Commission's ruling. The Commission's findings of fact and conclusions of law are set forth in the text of the majority opinion. ”

“ On the other hand, if the worker is merely a helper, loading under direct and active supervision of another, with no responsibility other than to obey his superior's orders as to placement, it would seem clear that his work does not affect safety.↑ See text infra at noe 15 ”

“ These qualifications include those relating to eyesight, physical condition, age, or ability to read or speak English, etc., which are deemed by it to be imp rtant for drivers in general. On the other hand, this fact that certain employees devote a part, rather than all, of their time to driving has brought forth from the Commission an appropriate modification of its safety regulations to fit that fact. ”

“ No employer shall, except as otherwise provided in this section, employ any of his employees who is engaged in commerce or in the production of goods for commerce-↑ 'Sec. 16. * * *↑ See note 2 for the Commission's general definition of the work of 'loaders.' The Appellate Court of Illinois described the petitioner's activities as follows:↑ The Safety Appliance Acts, approved March 2, 1893, 27 Stat. ”