"§ 216. Penalties; civil and criminal liability "(a) Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. "(b) Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. "(c) The Administrator is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 206 or section 207 of this title, and the agreement of any employee to accept such payment shall upon payment in full constitute & waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. When a written request is filed by any employee with the Administrator claiming unpaid minimum wages or unpaid overtime compensation under section 206 or section 207 of this title, the Adminis trator may bring an action in any court of competent jurisdiction to recover the amount of such claim: Provided, That this authority to sue shall not be used by the Administrator in any case involving an issue of law which has not been settled finally by the courts, and in any such case no court shall have jurisdiction over such action or proceeding initiated or brought by the Administrator if it does involve any issue of law not so finally settled. The consent of any employee to the bringing of any such action by the Administrator, unless such action is dismissed without prejudice on motion of the Administrator, shall constitute a waiver by such employee of any right of action he may have under subsection (b) of this section for such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. Any sums thus recovered by the Administrator on behalf of an employee pursuant to this subsection shall be held in a special deposit account and shall be paid, on order of the Administrator, directly to the employee or employees affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. In determining when an action is commenced by the Administrator under this subsection for the purposes of the two-year statute of limitations provided in section 255 (a) of this title, it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action. June 25, 1938, c. 676, Sec. 15, 52 Stat. 1068 as amended Oct. 26, 1949, c. 736, Sec. 13, 63 Stat. 919. "NOTE.-Sec. 217 relates to proceedings for injunction and is not reproduced. " 218. Relation to other laws "No provision of sections 201-219 of this title or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under such sections or a maximum workweek lower than the maximum workweek established under such sections, and no provision of sections 201-219 of this title relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under such sections. No provision of sections 201-219 of this title shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under sections 201-219 of this title, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under such sections. June 25, 1938, c. 676, Sec. 18, 52 Stat. 1069." THE UNITED STATES ELECTRICAL MANUFACTURING INDUSTRY AND ITS RELATION TO THE SECURITY, HEALTH, SAFETY AND WELFARE OF THE COUNTRY SUMMARY The conclusions contained in this report of Stone & Webster Engineering Corporation as to the dependence of the security, health, safety and welfare of the United States upon the use of domestic-built electrical products have been summarized by Stone & Webster as follows: THE ELECTRICAL INDUSTRY IN THE UNITED STATES The economy of this country, its great productivity and high standard of living, is dependent upon electric power and the proper equipment to use it. The extraordinary development of the U. S. economy has been made possible by the U. S. electric utility industry expanding its capacity and by the U. S. electrical manufacturing industry developing and producing the equipment for generating, transmitting and distributing electric power and for using it effectively and economically. From 1946 through 1955, the electrical industry will have produced and put in service more electrical equipment than in the previous 70-odd years of its history. The generating capacity scheduled to be in place by 1955 will be more than double the 1946 capacity. The continuous and uninterrupted supply of adequate electric power is essential to the industrial, agricultural and domestic economy and health of this country. Without such power the expansion of industry, the growth of agriculture and the improvement in the standard of living which have taken place would not have been possible. RESEARCH, DEVELOPMENT AND SERVICES PERFORMED BY THE U. S. ELECTRICAL MANUFACTURING INDUSTRY The great progress made in the United States in the use of electricity is due to the recognition of the great potential of this form of energy by users and producers of electrical equipment and their continuous cooperative effort to develop the equipment necessary to realize this potential. There is intense competition among U. S. manufacturers to develop new and better equipment. This continuous development is accomplished with the funds of private companies, without government subsidy. Standards for equipment are established which maintain that high degree of reliability and high quality of electrical service accepted as commonplace in this country. Progress in establishing international standards has been slow as U. S. representatives, at meetings held for this purpose, have refused to lower U. S. standards and European representatives, seemingly content with their lower standards, have declined to raise their standards to our level. The research, development and planning service so essential to the continuing expansion and increased availability of power in the United States is supported by the sale of electrical products. Such service is not available in this country from others than the U. S. electrical manufacturing industry. Foreign manufacturers do not incur a proportionate share of the cost of this research, development and planning service and are therefore in a favorable position in competitive bidding if price alone be considered. Comparative Aspects of U. S. and Foreign-Built Equipment. U. S. built equipment generally is capable of operating above capacity. This was a significant factor in the outstanding performance of U. S. industry during World War II. It is the generally accepted opinion of engineers in the United States that foreign manufactured equipment does not have the capacity or reliability of equipment furnished by U. S. manufacturers. Maintenance Service by the U. S. Electrical Manufacturing Industry. The U. S. electrical manufacturing industry undertakes the installation, maintenance and servicing of its products throughout the country. For this purpose, it maintains an extensive field service organization of highly skilled specialists in all types of electric products whose activities include, among other things, installation, preventative maintenance and repair of equipment. The ability, knowledge and skill of these field forces has established the general reputation of U. S. built equipment for efficient operation to full capacity promptly following its installation without long "shake-down" periods during which realignment and readjustment of parts and components are made. Standards prevailing in this aspect of the work compare with those for the production itself. It is not uncommon for one U. S. manufacturer to maintain or repair products of another. This derives from the development of more or less common standards in this country and the familiarity which each manufacturer has with the products of his competitors. American maintenance and production methods are sufficiently standardized to permit this practice. A corresponding ability by U. S. manufacturers to maintain or repair foreign-built equipment does not exist for a number of reasons, including differences in basic design and manufacturing practices. In the event of war or other disaster, the burden for maintenance and repair would, in all probability, rest solely upon the U. S. electrical manufacturing industry. The delays which could be expected if any material amount of foreign-built equipment were installed may be anticipated as a result of numerous unsatisfactory experiences with foreign-built equipment in Latin-American countries in World War II. Installation of large electrical units involves intimate knowledge of the entire electrical system by the manufacturer. This is significant when it is recognized that these units are the heart of utility and industrial systems and of many highly classified military and governmental installations, and when the possibilities of sabotage and bombing with this intimate knowledge in the hands of foreign nationals are considered. The Disaster Service Record of the U. S. Electrical Manufacturing Industry. The U. S. electrical manufacturing industry has assumed important responsibilities in emergencies, such as the disasters caused by flood, fire and explosion. There have been many such disasters for which the electrical manufacturers have mobilized personnel, equipment and materials from their many facilities and field organizations, often pursuant to previously developed disaster plans. It is evident that foreign manufacturers could not render an equivalent service. In such disasters as the Eastern Seaboard Hurricane of 1938 or the Kansas City Flood of 1951, not only was the economy of the stricken area seriously affected, but also the economy of many others depending on the area. The ability of the industry to assemble trained personnel from all over the country and to make its facilities available was invaluable in minimizing the effect of the disaster and restoring the economy and life of the area with relatively limited delay. The great distances between manufacturing plant and site location of equipment and the absence of large service forces available for concentration in a given area would, if foreign-built equipment were involved, have resulted in a substantially longer disruption of local life and economy and substantially greater financial and economic losses than actually occurred. EXPERIENCE WITH ELECTRICAL EQUIPMENT PURCHASED FROM Experience with equipment of foreign manufacturers, drawn from instances in which U. S. electrical manufacturers were asked to service, replace, or rebuild such equipment, clearly indicate the hazards of purchasing essential equipment from foreign manufacturers. There have been many instances documenting this conclusion in Latin-American countries. The U. S. power supply could face serious emergencies arising from substantial delays and expense in overhauling and replacement of foreign-built equipment and in adapting U. S. designed equipment for use with foreign equipment if it is dependent upon such foreign-built equipment. POSSIBLE EFFECTS OF INTRODUCTION OF FOREIGN-BUILT The experience with equipment and service provided by foreign manufacturers, particularly at times of stress such as war, indicates that they cannot be depended upon to deliver essential equipment as needed nor to service that equipment after it is installed. For a number of reasons, including differences in basic design, manufacturing practices and specifications, it would be difficult for electrical manufacturers in the United States to repair or service such equipment. If very much essential electrical equipment is purchased from foreign manufacturers for installation in the United States some reduction in the rates of expansion and the rate of operation of American industry and of agricultural and civilian utilization of electric power can be expected. Reference is made to the following pages of the full report for details. THE UNITED STATES ELECTRICAL MANUFACTURING INDUSTRY AND ITS RELATION TO THE SECURITY, HEALTH, SAFETY AND WELFARE OF THE COUNTRY INTRODUCTION The National Electrical Manufacturers Association commissioned the National Industrial Conference Board to make a study of certain aspects of the foreign trade of the United States as it affects the electrical manufacturing industry. A part of the study involved the dependence of the security, health, safety and welfare of the United States upon the use of domestic-built electrical products. Because any factual study in this field necessarily involves experience and knowledge of the engineering and other factors involved in the industry, the National Industrial Conference Board requested Stone & Webster Engineering Corporation to prepare that phase of the study.* This report, covering that phase of the study, includes information accumulated in the following general categories: I The electrical industry in the United States and its place in the United States economy. II Research, development and services performed by the U. S. electrical manufacturing industry. III Experience with electrical equipment purchased from foreign manufacturers. IV Possible effects of introduction of foreign-built equipment in the United States. SOURCES OF INFORMATION Information for the preparation of this report has been derived from the following sources: United States Census Federal Power Commission United States Bureau of Labor Edison Electric Institute National Industrial Conference Board Magazine articles relating to the electrical utility industry Manufacturers of electrical equipment Experience and background gained by Stone & Webster in its engineering consulting and construction work in the electrical field over the past 64 years. *The analysis and conclusions included herein were independently prepared by Stone & Webster Engineering Corporation. The National Industrial Conference Board expresses no opinion or views on the subjects treated in this study. |