From these figures it may be seen that older workers are valued more highly in all respects above mentioned, except as to their psychological adjustment to new situations. Older workers are less likely to lose time because of illness or because of accidents, are definitely more cooperative, and are also more efficient on jobs for which they have been trained or have had experience than younger workers. Older workers, however, do not as quickly adapt themselves to new types of jobs. The degree of adjustment to modern industrial operations of workers 40 and over, as compared with younger workers, was rated by the answering employers as follows: Although there are numerous tables of statistics set forth in this excellent survey, it is believed that the two sets of statistics above furnish the key for all of the other conclusions which were arrived at." Whenever it is necessary to decrease the total number of their employees, most employers extend a preference of retention to their older workers, on the basis of seniority. Most employers are likely to give preferred reemployment to their former employees when production is again expanded. New businesses and heavy production industries, on the other hand, appear to extend preference of original employment to younger men and women. Every change in the processes of business and of industry is therefore apparently scheduled to result in a new influx of younger workers. Older workers excel in the skilled crafts, and younger workers in the unskilled occupations. That there have been favorable results for the older workers, by reason of the interest in this problem on the part of the National Association of Manufacturers, is shown by the fact that, as to its reporting members, for the year 1937, only 28 percent of all employees were 40 and over, whereas, in 1938, nearly 34 percent of all employees were 40 and over. Thus there was an increase of nearly 20 percent in the proportion of older employees for the year 1938 as compared with the year 1937. If, because of intelligent interest in this problem, this proportionate increase in the number of older employees could be continued during this year and succeeding year, there would be real hope for the reemployment of many, if not most, of the older workers. V. F. W. members can do much toward this desirable end by pointing out to employers the many favorable factors revealed in this comprehensive survey by the Manufacturers Association. That the problem is a serious one, is evident when we learn that 45 percent of all male workers, and potential workers are more than 40 years of age. An employer, is, therefore, doing his share toward the employment of older workers only if more than 45 percent of all of his male employees are more than 40 years of age. Because a proportionate volume of work has not been given to the Nation's older male citizens, including war veterans, during recent years, the V. F. W., 2 years ago, first issued the warning to all employers and taxpayers that the inevitable choice which must be made is "jobs or pensions for all war veterans.” On the basis of the results of this splendid analysis by the National Association of Manufacturers, there is reason for believing that an increasing number of employers have, and will, come to the conclusion that it is advantageous for them to extend employment to more qualified older workers. The motives for doing so are powerful, efficient and dependable production, fewer labor troubles, increased profits and eventual savings in taxes. (Copies of the booklet survey of Workers Over 40, can be secured at the cost of 20 cents each, from the National Association of Manufacturers, 14 West 49th Street, New York, N. Y. Therefore, it would appear that it is not merely on the basis of the mere claim on the part of the veterans' organizations that there should be 5 or 10 points given to veterans, but there is some real substantiation to the clam that veterans have acquired certain characteristics which are desirable. These characteristics cannot be easily determined or evaluated on the basis of any civil-service examination that can possibly be devised. Therefore we believe it is fair that they be aided and supported from the beginning and given other aid. Now, H. R. 5147 would keep the 5 and 10 points for veterans in the same way as Executive orders now provide. I think it would be very desirable, from the standpoint of making a careful study of this matter, and I should like to make the request, that the present provisions of law, rules and regulations, and Executive orders, pertaining to veterans, be included in the hearings for comparative purposes. They do not appear in one place now and I think it would be a very desirable thing so to do. The CHAIRMAN. Mr. Rice, I do not know whether we have those available. I will see if we can get them. (A résumé of such law and regulations follows:) UNITED STATES CIVIL SERVICE COMMISSION VETERAN PREFERENCE 1. Statutory provisions and Executive orders.—The deficiency act approved July 11, 1919 (41 Stat. 37), provides as follows: "That hereafter in making appointments to clerical and other positions in the executive branch of the Government in the District of Columbia or elsewhere, preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such, and to the wives of injured soldiers, sailors, and marines, who themselves are not qualified, but whose wives are qualified to hold such positions.' 2. The President on March 3, 1923, March 2, 1929, April 24, 1931, and January 18, 1932, issued Executive orders under which the benefits granted to veterans by the act of July 11, 1919, are defined. 3. Executive orders amending civil-service rules apply to classified service only.— The amendments to the civil-service rules by the Executive order of March 3, 1923, relating to veteran preference in appointments to the classified service, do not apply to appointments to the unclassified service. The type of preference granted to unclassified laborers under the labor regulations is described in paragraphs 38 to 40. (See also par. 31.) 4. Definition of "veteran" and "disabled veteran."-Wherever in this pamphlet the word "veteran" is used to indicate a person entitled to preference under the law, or a person upon whose service the preference of a widow or wife is based, "veteran" means an honorably discharged veteran. Wherever the term "disabled veteran" is used to indicate a person entitled to 10-point preference, or a person upon the basis of whose service 10-point preference is claimed, the disability must be existing at the time preference is claimed, and it must be service connected, unless the veteran is over 55 years of age and because of disability, is entitled to pension or compensation under existing laws. PREFERENCE BENEFITS AND PERSONS TO WHOM GRANTED 5. (a) Veterans are given five points in addition to their earned ratings in examinations for entrance to the classified service. Ten points, however, are given the following in addition to their earned ratings: I. Veterans who establish by official records the present existence of a serviceconnected disability. (See par. 21 (b).) II. Veterans over 55 years of age who, because of disability, whether serviceconnected or not, are entitled to pension or compensation under existing laws. (See par. 21 (c).) III. Wives of veterans named in I and II if the wives are qualified, and if the veterans themselves are disqualified for appointment because of the disability. (See par. 21 (d).) IV. Widows of veterans. (See par. 21 (e).) V. Retired officers and enlisted men who establish through official sources the present existence of a service-connected disability in the same manner as is required of others granted disability preference. (See par. 21 (b).) Nonveterans must earn a rating of 70, while persons granted 5-point preference need earn a rating of only 65 to have their names entered on the register. Persons granted 10-point preference need earn a rating of only 60 to have their names entered on the register; and their names are placed above all others on the register. (See par. 14.) (b) Age limits waived.-Persons granted preference may be released from age limitations except for the positions of policeman and fireman of the District of Columbia and those established by the retirement law (civil-service rule V, sec. 5). (c) Physical requirements waived.—Physical requirements may be waived, under certain conditions, in the case of veterans who establish disability preference. (See par. 15.) (d) Height and weight requirements waived. Height and weight requirements may be waived, except in examinations for certain positions, in the case of persons granted preference. (See par. 16.) (e) Experience credits. In examinations where experience is an element of qualifications, the applicant receives credit, under certain conditions, for time spent in the military of naval service during the war with Spain or the World War. (See pars. 12 and 13.) (f) Apportionment waived.-Persons granted preference are certified without regard to the apportionment among the States of appointments in the apportioned departmental service at Washington, D. C. (See par. 17.) (g) Quarterly examinations. Quarterly examinations are held for the benefit of persons entitled to 10-point preference. (See pars. 22 to 27.) (h) Passing over name of preference eligible.—An appointing officer who passes over the name of a preference eligible and selects that of a person not granted preference whose name appears lower on the list of eligibles must furnish the Civil Service Commission with a statement as to his reasons for so doing. (See pars. 19 and 20.) (i) Reduction of force. In reduction of force, certain preference is given persons granted military preference. (See pars. 28 to 34.) (j) Reinstatement without time limit.-A former classified employee entitled to preference in appointment may be reinstated without time limit. (See pars. 35 to 37.) MILITARY OR NAVAL SERVICE DEFINED 6. The person upon whose service the claim for preference is based must have been a soldier, sailor, or marine. An honorable discharge from the military or naval service or from the Coast Guard, an ordinary or inaptitude discharge from the Navy, an inaptitude or unfitness discharge from the Marine Corps, or an ordinary or inaptitude discharge from the Coast Guard where such service was honorable is necessary to secure preference. 7. Persons granted preference. The statutory provision is not limited to veterans of the World War but applies to all honorably discharged soldiers, sailors, and marines, including commissioned officers. Preference may be granted to the following special classes of persons: Army field clerks. Army Transport Service officers assigned as transport quartermasters. Chaplains.-Honorably discharged chaplains who were on duty with military organizations. Coast Guard.-Persons who served in the U. S. Guard after January 28, 1915, and Coast Guard cadets. Draft.-Persons who were discharged from the draft under honorable conditions. Lighthouse Service.-Members of the Lighthouse Service who were transferred to the jurisdiction of the Navy Department during the World War and were separated therefrom under honorable conditions. Midshipmen. National Guard.-Members of the National Guard who were mustered into the Federal Service and were honorable discharged therefrom. Nurses.-Army and Navy nurses, including all women who served honorably under contract between April 21, 1898, and February 2, 1901, as nurses, chief nurses, or superintendents of the Army Nurse Corps. Officers who resigned from the Army, Navy, Marine Corps, or Coast Guard under honorable conditions. Pay clerks, paymasters' clerks, and captains' clerks who served with paymasters or captains on board ship. Philippine scouts. Reserve Corps.-Officers and men in the Reserve Corps who were on active duty other than for the purpose of training. Active duty performed by members of the Officers' Reserve Corps with the Civilian Conservation Corps or under the provisions of the Thomason Act is considered regular active duty and not training duty. Reserves, Army.-Men furloughed to the Army Reserves. Reservists, naval, and marine.-Naval and marine reservists who hold certificates of honorable discharge or release from active service. Retired soldiers, sailors, and marines. Revenue-cutter Service.-Enlisted men and officers of the Revenue-cutter Service who served during the period from March 24, 1898, to August 17, 1898, and were subsequently honorably discharged. Student Army Training Corps.-Persons who served in the Student Army Training Corps. Surgeons, contract.-Contract surgeons who were in the service after June 8, 1916. Training camps.- Members of the enlisted personnel who served in training camps during the World War and who were honorably discharged from the military or naval service. 8. Persons not granted preference. The preference act does not apply to (a) persons who served in civilian capacity, even though they may have accompanied the military forces, including dietitians, student nurses, reconstruction aides, and other civilians employed in the military hospitals, Red Cross nurses not in Ármy Nurse Corps, civilian clerks, and telephone operators; (b) persons who are not within the meaning of the preference act, including members of citizens' training camps; members of Reserve Officers' Training Corps; members of National Guard or Naval Militia who were never in Federal service; members of the Army Transport Service, except commissioned officers assigned as transport quartermasters; civilians in Chemical Warfare Service; reserve corps officers and men who were never on active duty other than for the purpose of training; and (c) persons dishonorably discharged, discharged without honor, or discharged under conditions other than honorable. PREFERENCE IN EXAMINATION, RATING, AND APPOINTMENT 9. Extent of preference. The act of July 11, 1919, specifies that it shall apply to "appointments"; therefore the preference under the statute is confined to entrance into the Federal civil service and does not apply in examinations for promotion, or to noncompetitive examinations except those held under schedule B of the civil-service rules and those held under sec. 6 of rule II, which provides for the classification of incumbents of positions brought within the classified service. In examinations for promotion or transfer a preference claimant already in the classified civil service receives no preference by reason of his military or naval service. The statute does not exempt those entitled to its benefits from examination,1 but they are required to earn an average percentage of only 65 (or 60) in order to be eligible. The preference does not apply to examinations for the Philippine service. 10. Rating required in examination. For eligibility, a rating of at least 70, including preference credit, if any, is required of all applicants. In examinations for entrance to the classified service, honorably discharged soldiers, sailors, and Marines have five points added to their earned ratings. Ten points, however, are added to the earned ratings of certain classes of persons granted preference. (See par. 5 (a) for classes of persons granted 10-point preference.) 11. Where minimum rating is required in particular examination subject.—In examinations where competitors are required to obtain a minimum rating of 70 in one or more subjects as a condition precedent to the consideration of other subjects, persons who are entitled to preference under the statute are not required to secure a higher rating than 65 (or 60) in such subjects. However, in any examination in which specific education, training, or experience is a prerequisite for admission to the examination, no rating will be assigned unless such requirement is fulfilled. 1 17 Op. Atty. Gen. 194; 19 Op. 318; 24 Op. 64; 27 Op. 546. 12. Examinations where experience is rated.-In examinations where experience is an element of qualifications, time spent in the military or naval service of the United States during the war with Spain or the World War shall be credited in an applicant's ratings where the applicant's actual employment in a similar vocation to that for which he applies was temporarily interrupted by such military or naval service but was resumed after his discharge (civil-service rule VI, sec. 1). 13. Dates of war with Spain and World War. The war with Spain began April 21, 1898, and terminated April 11, 1899. The Philippine insurrection which grew out of that war terminated July 4, 1902. A person in the military or naval service of the United States between April 6, 1917, and July 2, 1921, inclusive, is regarded as having been in the military or naval service during the World War, as these dates have been fixed by joint resolutions of Congress as marking the beginning and end of the war between the United States and Germany. 14. Certification.—In entering upon registers the names of preference claimants granted five points additional—that is, the earned rating augmented by the five points they take the place to which their ratings entitle them on the register with nonveterans and are certified when their ratings are reached. The name of a veteran is entered ahead of the name of a nonveteran whose rating is the same as the augmented rating of the veteran. The names of persons granted 10-point preference, however, are placed ahead of all others on the register (that is, ahead of veterans granted 5-point preference and nonveterans); and are then certified in the order of their augmented ratings. 15. Physical requirements waived for disabled veterans.-Under the provisions of civil-service rule V, section 4, the Commission may waive the physical requirements in the case of a disabled, honorably discharged soldier, sailor, or marine upon a certificate of the Veterans' Administration that he has completed an appropriate and sufficient rehabilitatory course of training for the duties of the class of positions in which employment is sought, or it may waive the physical requirements in the case of a disabled veteran not so trained. Physical requirements will not be waived for any examination in the case of disabled veterans who have any of the following physical defects: Bright's disease; malignant tumor (cancer, etc.); diabetes; epilepsy; any abnormal hardening of the arteries (arteriosclerosis); transmissible disease (including syphilis, gonorrhea, and chancroid), when incurable; insanity or mental illness sufficiently definite to affect the usefulness of applicant; chronic alcoholism or drug addiction; progressive or disabling paralysis; organic heart disease not fully compensated; serious disease of eye; seriously defective vision (the uncorrected vision must be not less than 2200 (Snellen) in at least one eye for all positions, and for many positions a higher standard is required); hands, arms, feet, legs, or body so injured, crippled, or deformed as seriously to affect usefulness; loss of both arms, both legs, or arm and leg, except that the applications of persons who have lost limbs or parts of limbs, but who have demonstrated dexterity either with or without the use of artificial substitutes, will be accepted where physical ability is of subordinate importance. These and other physical defects may exclude any person from examination or appointment when in the judgment of the Commission such defects may impair the individual's efficiency or give rise (by aggravation due to employment or by endangering fellow workers) to a claim under employees' compensation acts. A remediable defect or curable disease will not exclude a person from examination, but proof that such defect has been remedied, or disease cured, must be received during the life of the eligible register before a person who is otherwise qualified may be considered for appointment. (See also par. 26 regarding tuberculosis.) In examinations held to establish general registers for positions of watchman or messenger, applications will be accepted from disabled veterans who have suffered amputation or mutilation of one upper extremity (arm, upper-arm, or hand) but who have full use of the other, upon their submitting with their applications a medical certificate from the Veterans' Administration showing that they are otherwise in acceptable physical condition. Certification of such disabled veterans will be made subject to possible objection by an appointing officer should the position to be filled require full physical ability. Physical requirements may be waived, as explained above, in the case of persons granted 10-point preference. They are not waived for persons granted 5-point preference, although the height and weight requirements may be waived for them. (See par. 16.) 16. Height and weight requirements waived for persons granted preference.— Height and weight requirements may be waived in the case of persons granted preference, except for a few positions, provided that the applicant is sufficiently |