Industrial Commission

“ We cannot say that the Commission abused its discretion by concluding on the basis of the special circumstances here presented that earnings of the entire business in excess of a 6 1/2 per cent return should be allocated to the interstate wholesale business. The small investment in the direct industrial business, the incremental nature of it, the extent of the interruptions in service to the direct industrial customers, the manner in which the management has treated it afford a basis for the refusal of the Commission to credit it with a larger share of the earnings than 6 1/2 per cent. ”

“ No business institution would continue such a policy and recognizing now the importance of conducting the business of the commonwealth along the same modern and efficient lines of private and corporate operations, there is submitted herewith to your honorable body two recommendations which, in my judgment, are of tremendous importance, namely, the creation of an Industrial Commission and a Department of Agriculture. ”

“ The Control of Industrial Corporations by the States.—What has been said in the preceding pages relates only to corporations which are engaged in interstate business. This includes most of the largest industrial concerns. Smaller corporations which keep their operations within the bounds of a single state, are not subject to the provisions of the Sherman or Clayton Acts, neither do they come within the jurisdiction of the Federal Trade Commission. This does not mean, however, that the smaller industrial corporations are exempt from regulation altogether. ”

“ If the Company carefully publishes the designs of every new scheme, a knowledge of existing industrial conditions will be obtained by every one.
Promoters will further be able to make use of centralized labor agencies, which will only receive a commission large enough to ensure their continuance. The promoter might, for example, telegraph for 500 unskilled laborers for three days, three weeks, or three months. ”

“ After pointing out the lamentable deficiency and comparative failure of the half-hearted measures so far taken by the Government to provide some kind of technical education the Commission makes certain recommendations for meeting the needs of the situation, which are supplemented by some pertinent suggestions made by the Honorable Malaviya in his minority report. The aforesaid summary concludes with the following paragraph:
“To sum up, the Commission finds that India is a country rich in raw materials and in industrial possibilities, but poor in manufacturing accomplishments. ”

“ There is established the President's Commission on Industrial Competitiveness. The Commission shall be composed of no more than twentyfive members appointed or designated by the President. These members shall have particular knowledge and expertise concerning the technological factors affecting the ability of United States firms to meet international competition at home and abroad. Members appointed from the private sector shall represent elements of industry, commerce, and labor most affected by high technology, or academic institutions prominent in the field of high technology. ”

“ Beginning in July 1933, the industry held a series of meetings in Chicago for the ostensible purpose of drafting a code of fair competition to govern it under the National Industrial Recovery Act, 48 Stat. 195. These meetings resulted in an understanding and agreement among those attending, including respondents, to sell lead pigments 'on the basis of flat delivered prices to customers within designated zones, with uniform differentials applicable as between such zones . ”

“ The Commission, while it lacks authority to fix rates for direct industrial sales, may take those rates into consideration when it fixes the rates for interstate wholesale sales which are subject to its jurisdiction. ”

“ It is probable, however, that a feasible financial scheme could be devised after thorough study, and in the meantime a commission of engineers should be appointed to study the problem, and either acquire the existing surveys by purchase, at a fair valuation, or else make new surveys, and a definite report covering the whole ground, so that the matter may be intelligently considered. ”

“ It is composed of representatives of industrial commissions, factory committees, and similar institutions. On the one hand, the industrial unions embrace all industrial activity, they have ramifications in the various towns and are maintained by the masses of the organised workers. ”

“ At that stage the petitioner merely asserted that the Commission erred (1) in taking the proceeds from the direct industrial sales into consideration in determining the amount of its profits and in ordering the rate reduction; and (2) in failing reasonably to allocate petitioner's earnings between regulated sales and unregulated sales. That precludes an attack in the courts on the Commission's order for failure to make a segregation of property. ”

“ Steps have already been taken under Section 8 of the Factory Act, 1891, for drawing up special rules for injurious trades, but in view of the constant changes which take place in manufacture, it seems highly desirable that there should be a regular staff of experts in connection with the Home Office, so that the Factory Department could be in touch with such industrial changes and inventions as take place from time to time. ”

“ How long can we go on and safely pretend that the environment is not the economy, is not health, is not the prerequisite to development, is not recreation? Is it realistic to see ourselves as managers of an entity out there called the environment, extraneous to us, an alternative to the economy, too expensive a value to protect in difficult economic times? When we organize ourselves starting from this premise, we do so with dangerous consequences to our economy, health, and industrial growth. ”

“ The ineffective Ministerial Priority Committee was replaced by a Production Council which was to determine priorities and generally to direct and oversee the production drive: the Council retain the existing sub-committees on priorities for materials, manpower, building and transport, and added to more—one on industrial capacity and another to report on the manpower requirements of production programmes. ”

“ Commissioner, supra. It may be waived by any party, including the government. Peoria & P.U. Ry. Co. v. United States, 263 U.S. 528, 535, 536, 44 S.Ct. 194, 197, 68 L.Ed. 427; Industrial Addition Ass'n v. Commissioner, supra. The objection of the City of Cleveland which came after judgment had been rendered came too late. Cf. United States v. ”

“ Every factory, mine, and mill should have its special workers' council, separate from and independent of the shop committee, for the purpose of familiarizing the workers with the various phases of their particular industry, including the sources of raw material, the consecutive processes of manufacture, by-products, and manner of distribution. This industrial council should be permanent, but its membership must rotate in such a manner as to take in practically all the employees of a given factory or mill. ”

“ Following investigation of testimony, exhibits, letters, telegrams, briefs, data from the Bureau of Labor Statistics, and arguments of representatives of both labor and industry itself, the Board, October 27, 1938, made its findings of fact, conclusions and recommendations: (a) , Accepting recommendations of industry and labor, the Board adopted-with minor exceptions-the definition of the steel industry previously in effect under the National Industrial Recovery Act, 48 Stat. ”

“ The only modifications of the Act of 1833 which have been made since, have been mere extensions of its principles. The regulations, which at first applied to cotton, cloth, and silk mills only, have been extended by subsequent Acts to bleaching and dyeing works. Powers have also been given to compel the fencing of machinery, and to enforce other safeguards against injury to the workpeople.
Even after the Factory Commission had finished its work, and had ceased to exist, my grandfather continued to watch with interest the results of what had been done. ”

“ The representatives of the local control committee participate at the sessions of the management of the mill or factory, having only a voice, but no vote in the matter. The rights of administration of the establishment remains with the management and therefore the entire responsibility for the work of the enterprise rests with the management.
6. The coordination of the workers’ control within the limits of any given industry must be centered within the industrial (vocational) union. The union creates a Workers’ Control Department which is responsible before the management of its union. ”

“ Secondly, at the same time that the state is assuming a larger control of industry, it is inviting the workmen themselves to take part in the control of industry. “The Whitley Report, adopted by the Reconstruction Committee of the Cabinet, proposes not only a Joint Standing Industrial Council for each great national industry, for the regular consideration of matters affecting the progress and well-being of the trade, but District Councils 326and Works Committees within each business upon which capital and labor shall be equally represented.” ”

“ It is the unanimous opinion of the present Commission that the work can be done better, more cheaply, and more quickly by the Government than by private contractors. Fully 80 per cent of the entire plant needed for construction has been purchased or contracted for; machine shops have been erected and equipped for making all needed repairs to the plant; many thousands of employees have been secured; an effective organization has been perfected; a recruiting system is in operation which is capable of furnishing more labor than can be used advantageously; employees are well sheltered and well fed ”

“ The union of the Factory-Shop Committees of different concerns must be accomplished on the basis of the different trades, in order to facilitate control over the whole branch of industry, so as to come within the general industrial plan; and so as to create an effective plan of distribution among the different factories of orders, raw materials, fuel, technical and labour power; and also to facilitate cooperation with the Trade Unions, which are organised by trades. ”

“ An award under the Workmen's Compensation Law is not made on the theory that a tort has been committed; on the contrary, it is upon the theory that the statute giving the commission power to make an award is read into and becomes a part of the contract. ”

“ Only the Commission, for example, is competent to make an initial determination as to whether and to what extent there is a relevant 'industry' within which the particular respondent competes and whether or not the nature of that competition is such as to indicate identical treatment of the entire industry by an enforcement agency. ”

“ Unlike the food, fuel, and transportation problems, which were solved through new administrations not connected with the Department of Agriculture, the Bureau of Mines, or the Interstate Commerce Commission respectively, that of labor was met by new bureaus and boards which were organic parts of the existing Department of Labor. ”

“ Certain departments have been established and certain subdivisions have been made, so that the identity of the trade, the autonomy of the craft may be preserved within the organization. Joining the Industrial Workers you take your place in your proper department. That department which represents your employment is organized, it has control of craft interests within its jurisdiction, so that, so far as craft autonomy is concerned, it adjusts itself within the general organization. ”

“ These orgaizations and agencies are the principal instruments through which the development partnership between industrial and developing countries operates and, collectively, their influence is substantial and pervasive. It, is imperative that they play a leading role in helping developing countries make the transition to sustainable development. Indeed, it difficult to envisage developing countries making this transition in an effective and timely manner without their full commitment and support. ”

“ The inspectors are compelled under the law to visit at any time of the day or night all the industrial enterprises of their district and all places where work is carried on, as well as places provided for the workmen by the enterprises, such as rooming-houses, asylums, baths, etc., and to assist the trades unions and works committee in their efforts to ameliorate in individual enterprises as well as in branches of industry. ”

“ This organization by groups was to insure the co-operation of Factory Workers Councils on an industry basis, and thus attempt to meet the criticisms of partisans of the Councils. Above the different industrial groups three organs were provided which would represent the Factory Workers Councils as a whole: the General Assembly of all the Factory Workers Councils, the Central Council, and the Central Committee. ”

“ From joint committees in individual establishments, meeting at periodical intervals for little more than purposes of conference and consultation, the principle of representation should lead to the establishment of permanent standing joint industrial councils, embracing all the workers and all the employers in a given trade or industry and concerned with the determination of industrial policies, and the fixation of industrial standards enforceable throughout by the co-operation of Government, representing the Community and protecting its interests. ”