Elmer Out

One day last week Wage-Hour Administrator Elmer Frank Andrews removed his bronze bust of Franklin Roosevelt, his handsome fountain-pen set, other personal belongings from Room 5144 in Washington's Department of Labor Building. Just eight days short of a year since Federal wage-hour regulation began, gloomy, google-eyed Elmer Andrews had resigned by request. His letter of resignation was curtly addressed to "Mr. President." Franklin Roosevelt replied to "Dear Elmer."

Dear Elmer had had a hard row to hoe. When he took the job he was told to wait & see how far industry would voluntarily comply with Wage-Hour regulations. That method worked astoundingly well.

But Mr. Andrews tripped himself on conflicting interpretations, had to be corrected by his embarrassed subordinates. Southern Congressmen, buttering up Mr. Andrews in Washington, privately advised their employer-constituents to pay no attention to the law. Employers who wanted to comply began to complain, along with Labor, that gentle Elmer Andrews was entirely too gentle. Elmer Andrews reasonably pointed out that his staff of 250 in the field, 451 in Washington was quite inadequate to enforce a law covering 12,600,000 workers. Rebuffed by the White House, worn by a long fight to block crippling amendments at the last session of Congress, discouraged Mr. Andrews began to let matters slide.

Watching this situation with bright eyes was Secretary of Labor Frances Perkins, who did not like being left out of the picture. Distinctly hostile to her, Congress had twice refused to give Madam Perkins direct authority over the Labor Department's semi-autonomous Wage-Hour Division. Administrator Andrews would brook no interference by Madam Secretary. Last week, as soon as he moved out, Frances Perkins moved in.

By White House order, Wage-Hour's new administrator and trouble-shooter--tough, able Lieut.-Colonel Philip Fleming of the Army Engineers, whom Franklin Roosevelt selected for the job weeks ago (TIME. Oct. 16)--was under her orders.

Because a Federal law dating back to 1870 forbids Army officers on active duty to hold civilian office, Madam Perkins had to appoint a dummy administrator, make Colonel Fleming technically subject to this figurehead as well as to her. Chosen for this temporary front job was Wage-Hour's white-maned, competent publicity man, Harold Duane Jacobs, a onetime Scripps-Howard editor who is capable of going to work in a green sports coat with orange stripes, pea-green vest, blue tie, grey shirt and grey flannels.

Out with Elmer Andrews went his playwriting Deputy Administrator Paul Sifton and an executive assistant, George McEwen. Summarily fired by Madam Perkins, without the usual two-week notice, was Elmer Andrews' secretary and right-hand woman, handsome Eugenia Pope. Efficient, 33-year-old Miss Pope did much to make life bearable for her boss, fending off importunate callers and imposing order in an office not always noted for order. Miss Pope quickly got offers from other Federal bureaus and private business. Luckless Mr. Andrews, who gave up a $12,000-a-year job with New York State to take his $10,000 job in Washington, had nothing better in sight last week than a $7,500 place as labor-relations man for Reconstruction Finance Corp.

By law, "Administrator" Jacobs may hold his temporary title only 30 days. Meantime, notwithstanding the debate on Neutrality, Congress will be asked to permit a military administrator for the Wage-Hour Division, thus arousing Laborites, who instinctively distrust Army men, and know disturbingly little about Colonel Fleming's social views.* Should Congress boggle at: 1) legalizing the selection of an active Army officer to be a civilian administrator, or 2) doing whatever Fanny Perkins wants done, the President would have to choose someone else to head up Wage-Hour under Madam Secretary.

This administrative hullaballoo obscured a Wage-Hour fact more important to U. S. industry than any problem of personnel. On Oct. 24, the minimum wage prescribed for interstate industry rises from 25 to 30-c- an hour, the maximum week allowable without paying overtime drops from 44 to 42. These automatic changes mean more wages -- if the law is enforced -- for some 690,000 workers, shorter weeks or more overtime for 2,380,000. Under the Wage-Hour Law, the administrator with the advice of industry committees can set hourly wages above the general minima. On Oct. 24, higher minima go into effect in two industries: textiles (32 1/2-c-), and hosiery (32 1/2-c- and 40-c-).

One complaint against Elmer Andrews was that, in nearly a year, he prescribed above-minimum standards for only these two industries. But to his credit was a huge volume of work done with a minimum of friction. His staff received 21,576 complaints up to Sept. 30, analyzed 18,774, found 13,068 violations in 10,248 establishments. Mostly they were settled by consent, employers agreeing to pay back wages, readjust hours, etc. In only 92 cases had Elmer Andrews gone to court. Forty-eight criminal indictments produced 28 pleas of guilty, $81,350 paid in fines, plus upwards of $160,000 in suspended fines, conditioned on restitution of back wages to employes. Only one employer went to jail -- for contempt of court. After four days in jail, he paid $3,100 to his workers, went free. U. S. employers could well hope that Elmer Andrews' successor would be as temperate in applying a drastic statute.

* In the 1939 Relief Act Congress gave the President similar authority to detail another commissioned Army officer, Colonel F. C. Harrington, as head of WPA.

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