McLeod v. Threlkeld
Opinion of the Court
delivered the opinion of the Court.
This certiorari brings here for examination a judgment of the Circuit Court of Appeals for the Fifth Circuit, 131 F. 2d 880, which held that a cook, employed by respondents to prepare and serve meals to maintenance-of-way employees of the Texas & New Orleans Railroad Company, is not engaged in commerce under §§ 6 and 7 of the Fair Labor Standards Act and therefore not entitled to recover for an alleged violation of that act.
The respondents are a partnership with a contract to furnish meals to maintenance-of-way employees of the railroad, an interstate carrier. The meals are served in a cook and dining car attached to a particular gang of workmen and running on the railroad’s tracks. The car is set conveniently to the place of work of the boarders and in emergencies follows the gang to the scene of its activities. Employees pay the contractor for their meals by orders authorizing the railroad company to deduct the amount of their board from wages due and pay it over to the contractor. The petitioner worked as cook at various points in Texas along the line of the road during the period in question.
As the extent of the coverage by reason of the phrase “engaged in commerce” is important in the administration of the Fair Labor Standards Act, we granted certiorari.
“Sec. 7. (a) 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 . . .”
McLeod was not engaged in the production of goods for commerce. His duties as cook and caretaker for maintenance-of-way men on a railroad lie completely outside that clause.
In the present instance, it is urged that the conception of “in commerce” be extended beyond the employees engaged in actual work upon the transportation facilities.
The effect of the over-refinement of factual situations which hampered the application of the Federal Employers’ Liability Act, prior to the recent amendment,
“The circumstance that the risks of personal injury to which plaintiff was subjected were similar to those that attended the work of train employees generally and of the bridge workers themselves when off duty, while not without significance, is of little moment. The significant thing, in our opinion, is that he was employed by defendant to assist, and actually was assisting, the work of the bridge carpenters by keeping their bed and board close to their place of work, thus rendering it easier for defendant to maintain a proper organization of the bridge gang and forwarding their work by reducing the time lost in going to and from their meals and their lodging place. If, instead, he had brought their meals to them daily at the bridge upon which they happened to be working, it hardly would be questioned that his work in so doing was a part of theirs. What he was in fact doing was the same in kind, and did not differ materially in degree. Hence he was employed, as they were, in interstate commerce, within the meaning of the Employers’ Liability Act.” 250 U. S. 101, 104.
Such a ruling under the Federal Employers’ Liability Act, after the Bolle, Industrial Commission and Bezue cases, supra, note 9, should not govern our conclusions under the Fair Labor Standards Act. These three later cases limited the coverage of the Federal Employers’ Liability Act to the actual operation of transportation and acts so closely related to transportation as to be themselves really a part of it. They recognized the fact that railroads
It is not important whether the employer, in this case the contractor, is engaged in interstate commerce. It is the work of the employee which is decisive. Here the employee supplies the personal needs of the maintenance-of-way men. Food is consumed apart from their work. The furnishing of board seems to us as remote from commerce, in this instance, as in the cases where employees supply themselves. In one instance the food would be as necessary for the continuance of their labor as in the other.
Affirmed.
52 Stat. 1062-63. “Sec. 6. (a) Every employer shall pay to each of his employees who is engaged in commerce or in the production of goods for commerce wages at the following rates—
The distinction in the coverage arising from this choice of language was well known to Congress. Cf. National Labor Relations Act, 49 Stat. 449, 450. Labor Board v. Jones & Laughlin, 301 U. S. 1, 31 et seq.; Bituminous Coal Act of 1937, § 4-A, 50 Stat. 72, 83; Agricultural Adjustment Act, 50 Stat. 246; Public Utility Holding Company Act of 1935, 49 Stat. 803, § 1 (c).
52 Stat. 1061. “(i) 'Goods’ means goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, but does not include goods after their delivery into the actual physical possession of the ultimate consumer thereof other than a producer, manufacturer, or processor thereof.”
Cooks employed to feed workers engaged in the production of goods for commerce have been held to be similarly engaged. Hanson v. Lagerstrom, 133 F. 2d 120; Consolidated Timber Co. v. Womack, 132 F. 2d 101.
Walling v. Jacksonville Paper Co., supra; Higgins v. Carr Bros. Co., 317 U. S. 572.
The contention that the work of the employee is covered by the exemption of § 13 (a) (2) — “any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce”— seems without significance. If the work is in interstate commerce, the exemption does not apply. Compare Consolidated Timber Co. v. Womack, 132 F. 2d 101, 106 et seq.; Hanson v. Lagerstrom, 133 F. 2d 120.
Philadelphia, B. & W. R. Co. v. Smith, 250 U. S. 101. This case construed the Federal Employers’ Liability Act of April 22, 1908, 35 Stat. 65, § 1; “Every common carrier by railroad while engaging in commerce . . . shall be liable in damages . . .”
Walling v. Jacksonville Paper Co., 317 U. S. 564; Kirschbaum Co. v. Walling, 316 U. S. 517, 524.
Shanks v. Delaware, L. & W. R. Co., 239 U. S. 556, 558; Chicago & North Western Ry. Co. v. Bolle, 284 U. S. 74, 78; Chicago & Eastern Illinois R. Co. v. Commission, 284 U. S. 296; New York, N. H. & H. R. Co. v. Bezue, 284 U. S. 415, 419.
Act of August 11, 1939, 53 Stat. 1404; Hearings, Senate Committee on. the Judiciary, Amending the Federal Employers’ Liability Act, March 28 and 29, 1939, pp. 3-9, 26-30; S. Rep. No. 661, 76th Cong., 1st Sess.
Pedersen v. Delaware, L. & W. R. Co., 229 U. S. 146, 151; cf. Overstreet v. North Shore Corp., 318 U. S. 125.
See the cases cited in note 9, supra.
Philadelphia, B. & W. R. Co. v. Smith, 250 U. S. 101.
Thus we said as to a rate clerk employed by a motor transportation company:
“It is plain that the respondent as a transportation worker was engaged in commerce within the meaning of the Act . . .” Overnight Motor Co. v. Missel, 316 U. S. 572, 575.
52 Stat. 1060-61.
Sec. 3. “(b) ‘Commerce’ means trade, commerce, transportation, transmission, or communication among the several States or from any State to any place outside thereof.
"(j) ‘Produced’ means produced, manufactured, mined, handled, or in any other manner worked on in any State; and for the purposes of this Act an employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing, manufacturing, mining, handling, transporting, or in any other manner working on such goods, or in any process or occupation necessary to the production thereof, in any State.”
Dissenting Opinion
dissenting:
I think that petitioner is covered by the Fair Labor Standards Act.
In using the phrase “engaged in commerce” Congress meant to extend the benefits of the Act to employees “throughout the farthest reaches of the channels of interstate commerce.” Walling v. Jacksonville Paper Co., 317 U. S. 564, 567. We recently construed the phrase to include employees whose activities are so closely related to interstate commerce “as to be in practice and in legal contemplation a part of it.” Overstreet v. North Shore Corp., 318 U. S. 125, 129, 130, 132. This practical test was derived from cases such as Pedersen v. Delaware, L. & W. R. Co., 229 U. S. 146, 151, and Philadelphia, B. & W. R. Co. v. Smith, 250 U. S. 101, construing similar language in the Federal Employers’ Liability Act.
The Fair Labor Standards Act extends to employees “engaged in commerce,” not merely to those engaged in transportation.
The necessary effect of rejecting the Smith case for the restrictive concept of “in commerce” which was used in the Shanks,
If the applicable provision were “engaged in the production of goods for commerce” instead of “engaged in commerce,” our decisions make it clear that employees such as the janitor and the shop tender and probably petitioner would be within the Act. Cf. Kirschbcmm Co. v. Walling, 316 U. S. 517; Warren-Bradshaw Co. v. Hall, 317 U. S. 88.
The judgment should be reversed.
Act of April 22, 1908, 35 Stat. 65, as it was before the amendment of 1939, 53 Stat. 1404. 45 U. S. C. § 51 et seq.
The application of the Fair Labor Standards Act, of course, depends upon the character of the employees’ activities, not the nature of the employer’s business. Overstreet v. North Shore Corp., 318 U. S. 125, 132, and cases cited.
Shanks v. Delaware, L. & W. R. Co., 239 U. S. 556, 558; Chicago & North Western Ry. Co. v. Bolle, 284 U. S. 74; Chicago & Eastern Illinois R. Co. v. Commission, 284 U. S. 296; New York, N. H. & H. R. Co. v. Bezue, 284 U. S. 415.
The Act defines “commerce” as: “trade, commerce, transportation, transmission, or communication among the several States or from any State to any place outside thereof.” 52 Stat. 1060, 29 U. S. C. § 203.
See Chicago & North Western Ry. Co. v. Bolle, 284 U. S. 74, 78.
Overnight Motor Co. v. Missel, 316 U. S. 572.
Overstreet v. North Shore Corp., 318 U. S. 125.
This is discussed wholly apart from the question of the applicability of § 7 because of the exemption contained in § 13 (b) (1) of the Act. See Southland Gasoline Co. v. Bayley, ante, p. 44.
Cf. Shanks v. Delaware, L. & W. R. Co., 239 U. S. 556.
Cf. Chicago & North Western Ry. Co. v. Bolle, 284 U. S. 74.
Cf. Chicago & Eastern Illinois R. Co. v. Commission, 284 U. S. 296.
Cf. New York, N. H. & H. R. Co. v. Bezue, 284 U. S. 415.
Employees cooking for workers engaged in the production of goods for commerce have been held to be similarly engaged and covered by the Act. Consolidated Timber Co. v. Womack, 132 F. 2d 101; Hanson v. Lagerstrom, 133 F. 2d 120.
Speaking for the Senate conferees on the Conference Report, Senator Borah said: .. if the business is such as to occupy the channels of interstate commerce, any of the employees who are a necessary part of carrying on that business are within the terms of this bill, and, in my opinion, are under the Constitution of the United States.” 83 Cong. Rec. 9170.
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