Jewell Ridge Coal Corp. v. Mine Workers, 325 U.S. 161 (1945)

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Jewell Ridge Coal Corp. v. Local No. 6167,


United Mineworkers of America
No. 721


Argued March 9, 1945
Decided May 7, 1945
325 U.S. 161

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. Time spent by miners in traveling underground between the portal and the working face of bituminous coal mines held required by § 7 of the Fair Labor Standards Act to be included in the work week, and to be compensated accordingly. Following Tennessee Coal Co. v. Muscoda Local, 321 U.S. 590. Pp. 163, 166.

2. The requirement of § 7 of the Fair Labor Standards Act that time spent by miners in traveling underground between the portal and the working face of bituminous coal mines be included in the work week and compensated accordingly cannot be frustrated by any contrary custom or contract. P. 167.

3. The legislative history of the Fair Labor Standards Act does not require a conclusion different from that here reached. P. 168.

4. A statement of the Administrator of the Wage and Hour Division favoring the computation of working time in the bituminous coal industry on a "face to face" basis, being legally untenable, is not entitled to the weight usually accorded the Administrator’s rulings, interpretations, and opinions. P. 169.

145 F.2d 10 affirmed.

Certiorari, 323 U.S. 707, to review the reversal of a judgment for the plaintiff (petitioner here) in a declaratory judgment action seeking a construction of the Fair Labor Standards Act. 53 F.Supp. 935.