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Contiaoed Froen Page Yme Workary ypad. the following com-j!s indicative of Cong plonal.tn- ment o he telephone: regular "There tion between work in an lron ore actual work or employment." mine and work in a coal mine. The jection. had relied on alleged "m. Saying that the' company's ob- same law, the same principles, memorial custom and greementa] apply equally as rogarda travel arrived t by the practice of col- I the decision in the iron ore case Jmn pnuesn Aydany oonmg 'po Hal custom or collective bargain- Today's case came before the Ing agreements. court on petition by the Sloss- Shefffield Steel and Iron Company, However, he held that it wan declaratory judgments nst !puns ioqn? aos on ior yoom Ithree iron ore locals of thy. arde' Act "was not designed to codify or perpetuate those customs and contracta which allow an em- ment for which compensation must Fatr Laborsent by saying: Justice Roberts opened his dis- be paid under the The companies! Jown twelve underground tron ore case should be approzched not on TThe question for decision in this mines in Jefferson County, Ala. the basis of any'broad humanita-! Not Dealing With "Chattels" In determining wehther under- entertain, not with desire to con- ground travel constitutes compen- gable work within the meaning of |plish what we deem worthy ob- jects, but in the traditional and, court was "not guided by any pre- if we are to have s Government of cise statutory definitlon of work Iaws, "the easential attitude of # or employment." ascertaining what Congress has "We are not here dealing" ne. enacted rather than what we wiah it had enacted." Taking fsaue with Justice 7rights of those who toil, of those who sacrifice a full measure of] Jinability of the Federal District I their freedom and talents to the Court to find "immemorial" cus- use and profit of others." tomer "collective bargaining agree- "He said that the miners ride to ments" for pay on "face-to-face" basls, Justice Roberta cited a pub-. . ular man trips" and were forced to. lic arbitration proceeding in Bir- from a loading platform, with not bitration ruling in 19i7, approved [by the United States Fuel Admin-: Hfeet and hands. istrator, language quoted by the The heads of most of the men, Bituminou.. Coal.. Commission in oooo oo yooe. onn 'popae oy 1920 and the 1923 Code of Fair above the tops of the skips and, Competltion for the Bituminous. since the akips usually clear the Coal Industry. Tlow mine celllngs by only few Cites Roosevelt Approval inches, the miners are compelled He added that the Appalachian to bend over. "Thus ride in 'spoon- agreement of 1933, approved by fashion' with bodies contorted and they President Roosevelt, said that eight Skip top" he continued. bloody heads often result; classes of labor. even fatalities are not unknown." He asserted that' the falr labor? "Dark, Maledorous Shafts" standards act "was not intended by. Congress to turn into work The long rides taken by the men that which was not work, or not "In the dark ma dorour shafte," so understood to be, at the time of pepumuy a yum you 'seed a!pu Bunotx? ounpuy 'ounaep oy Shafts stand a. mute, unanswer- work some activity of an employe able proof that the journey from which nelther empioyer nor em-! and to t he portal involves continu- -ploye had ever regarded work clippirg fram [out physical and mental exertlon merely because the court thought! ol the as well as haxardg to life and that such activity imposed such. limb." hardahip om him or involved condl- Times for "This compulsorytravel," ho|tlons delgterlous to his hoalth . uno y. an areno .oned uo Areunue snooo, 'popoooord tloners' property and is at an time compensated." Hunder thelr strict control and u- The Wagy nd Hours Act, ac-|portar' pay in connectioe with thyht. cording to Justice Murphy, must[mining industry was Hret raiad] narrowgrudging manner.