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SEC. 13. The Postmaster General is hereby authorized and directed to extend to the United States Employment Service and to the system of employment offices operated by it in conformity with the provisions of this Act, and to all State employment systems which receive funds appropriated under authority of this Act, the privilege of free transmission of official mail matter.

Approved, June 6, 1933.

[PUBLIC-No. 54-74TH CONGRESS]

[S. 147]

AN ACT

To alter the amount apportioned to certain States for public employment offices affiliated with the United States Employment Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 (a) of the so-called "Wagner-Peyser Act" (Act of June 6, 1933, ch. 49; 48 Stat. 113, 114; U. S. Code, title 30, sec. 49 (d)) be amended by adding at the end of the second sentence thereof the following clause: ": Provided, however, That in apportioning said 75 per centum of amounts appropriated after January 1, 1935, under this Act, the Director shall apportion not less than $10,000 to each State." so that, as amended, section 5 (a) shall read as follows:

66

"For the purpose of carrying out the provisions of this Act there is hereby authorized to be appropriated (1) the sum of $1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000 for each fiscal year thereafter up to and including the fiscal year ending June 80, 1938, (3) and thereafter such sums annually as the Congress may deem necessary. Seventy-five per centum of the amounts appropriated under this Act shall be apportioned by the director among the several States in the proportion which their population bears to the total population of the States of the United States according to the next preceding United States census, to be available for the purpose of establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in accordance with the provisions of this Act: Provided, however, That in apportioning said 75 per centum of amounts appropriated after January 1, 1935, under this Act, the director shall apportion not less than $10,000 to each State. No payment shall be made in any year out of the amount of such appropriations apportioned to any State until an equal sum has been appropriated or otherwise made available for that year by the State, or by any agency thereof, including appropriations made by local subdivisions, for the purpose of maintaining public employment offices as a part of a Statecontrolled system of public employment offices; except that the amounts so appropriated by the State shall not be less than 25 per centum of the apportionment according to population made by the director for each State for the current year, and in no event less than $5,000. The balance of the amounts appropriated under this Act shall be available for all the purposes of this Act other than for apportionment among the several States as herein provided." Approved, May 10, 1935.

(255)

[PUBLIC NO. 782-75TH CONGRESS]

[CHAPTER 816-3D SESSION]

[8. 3516]

AN ACT

To alter the ratio of appropriations to be apportioned to the States for public employment officers affiliated with the United States Employment Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 (a) of the so-called "Wagner-Peyser Act" Act of June 6, 1933, ch. 49; 48 Stat. 113, 114), as amended by the Act of May 10, 1935 (49 Stat. 216), be amended by striking out the words "Seventy-five per centum of the amounts appropriated under this Act shall" at the beginning of the second sentence thereof and inserting the following: "The annual appropriation under this Act shall designate the amount to"; and by striking out from the proviso at the end of such sentence the words "said 75 per centum of amounts appropriated after January 1, 1935, under this Act" and inserting the following: "the said amount among the several States", so that as amended section 5 (a) shall read as follows:

"SEO. 5. (a) For the purpose of carrying out the provisions of this Act there is hereby authorized to be appropriated (1) the sum of $1,500,000 for the fiscal year ending June 30, 1934, (2) $4,000,000 for each fiscal year thereafter up to and including the fiscal year ending June 30, 1938, (3) and thereafter such sums annually as the Congress may deem necessary. The annual appropriation under this Act shall designate the amount to be apportioned by the Director among the several States in the proportion which their population bears to the total population of the States of the United States according to the next preceding United States census, to be available for the purpose of establishing and maintaining systems of public employment offices in the several States and the political subdivisions thereof in accordance with the provisions of this Act: Provided, however, That in apportioning the said amount among the several States, the Director shall apportion not less than $10,000 to each State. No payment shall be made in any year out of the amount of such appropriations apportioned to any State until an equal sum has been appropriated or otherwise made available for that year by the State, or by any agency thereof, including appropriations made by local subdivisions, for the purpose of maintaining public employment offices as a part of a State-controlled system of public employment offices; except that the amounts so appropriated by the State shall not be less than 25 per centum of the apportionment according to population made by the director for such State for the current year, and in no event less than $5,000. The balance of the amounts appropriated under this Act shall be available for all the purposes of this Act other than for apportionment among the several States as herein provided."

Approved, June 29, 1938.

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[PUBLIC NO. 890-76TH CONGRESS]

[CHAPTER 693-18T SESSION]

[H. R. 4108]

AN ACT

To provide for the transfer of United States Employment Service records, files, and property in local offices to the States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of assisting the State employment services established and maintained in accordance with the terms of the Act of June 6, 1933, entitled "An Act to provide for the establishment of a National Employment System and for cooperation with the States in the promotion of such system, and for other purposes", as amended (48 Stat. 113; 49 Stat. 216), the Federal Security Administrator is hereby authorized without payment of compensation to transfer and assign to the States in which it is located all property, including records, files, and office equipment, used by the United States Employment Service in its administrative and local employment offices in the respective States, except the records, files, and property used in the Veterans' Service and in the Farm Placement Service maintained under the said Act, as soon as such States establish and maintain systems of public employment offices, in accordance with the terms of sections 4, 5, and 8 of the said Act and the regulations promulgated thereunder.

Approved, August 11, 1939.

(257)

'(EXTRACT FROM)

[PUBLIC-No. 67-73D CONGRESS]

SEO. 7. (a) Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President.

(b) The President shall, so far as practicable, afford every opportunity to employers and employees in any trade or industry or subdivision thereof with respect to which the conditions referred to in clauses (1) and (2) of subsection (a) prevail, to establish by mutual agreement, the standards as to the maximum hours of labor, minimum rates of pay, and such other conditions of employment as may be necessary in such trade or industry or subdivision thereof to effectuate the policy of this title; and the standards established in such agreements, when approved by the President, shall have the same effect as a code of fair competition, approved by the President under subsection (a) of section 3.

(c) Where no such mutual agreement has been approved by the President he may investigate the labor practices, policies, wages, hours of labor, and conditions of employment in such trade or industry or subdivision thereof; and upon the basis of such investigations, and after such hearings as the President finds advisable, he is authorized to prescribe a limited code of fair competition fixing such maximum hours of labor, minimum rates of pay, and other conditions of employment in the trade or industry or subdivision thereof investigated as he finds to be necessary to effectuate the policy of this title, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of section 3. The President may differentiate according to experience and skill of the employees affected and according to the locality of employment; but no attempt shall be made to introduce any classification according to the nature of the work involved which might tend to set a maximum as well as a minimum wage.

(d) As used in this title, the term " person "includes any indi vidual, partnership, association, trust, or corporation; and the terms "interstate and foreign commerce" and "interstate or foreign commerce " include, except where otherwise indicated, trade or commerce among the several States and with foreign nations, or between the

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