WALTON, ADMINISTRATRIX,
v.
SOUTHERN PACKAGE CORPORATION

U.S. | 1944-01-03
No. 159
Me. Justice Roberts, considering himself bound by the decision in Kirschbawn v. Walling, 316 U. S. 517, concurs in the result.
320 U.S. 540 Supreme Court of the United States (1944) Negative Treatment
Also reported at: 88 L. Ed. 298 · 64 S. Ct. 320 · 1944 U.S. LEXIS 1332 · SCDB 1943-098
Cited by 96 cases

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Holding

An employee working as a night watchman in a plant producing goods for interstate commerce is covered by the Fair Labor Standards Act, as his work is necessary to production.


Facts & Procedural History

An administratrix sued for overtime compensation under the FLSA on behalf of a deceased night watchman employed at a Mississippi veneer plant. The wat…

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Opinion of the Court
Mr. Justice Black

Mr. Justice Black delivered the opinion of the Court.

This is a suit brought against the respondent by an employee, Fred Walton, in a Mississippi state court to recover overtime compensation and liquidated damages as authorized by § 16 (b) of the Fair Labor Standards Act of 1938.1 Walton died before the case was tried and the suit was revived by his administratrix, the petitioner here. A judgment for the petitioner rendered by the trial court was reversed by the Mississippi Supreme Court2 on the ground that Walton had not been employed in the production of goods for interstate commerce or in “any process or occupation necessary to the production thereof,” 3 and therefore was not covered by the Act. We granted certiorari because this interpretation of the Act raised a federal question of importance and because of the claim by petitioner that the interpretation was in conflict with our decision in A. B. Kirschbaum Co. v. Walling, 316 U. S. 517.

The case was tried on an agreed statement of facts which in brief summary showed:

The respondent operated a plant in Mississippi in which veneer was manufactured from logs. A substantial portion of the manufactured product was destined for shipment in interstate commerce. Walton worked at the plant as a night watchman. His work week exceeded the maximum hours prescribed by the Fair Labor Standards Act during the-period in question. His duties were to make hourly rounds of the plant, punch the nightwatchman’s clocks at various stations on the plant, and report any fires and trespassers. The fire insurance company which insured the plant’s buildings, machinery, and fixtures required respondent to have a night watchman as a condition to granting reduced premium rates. Respondent’s desire to obtain these reduced rates was the primary reason why Walton was employed. The plant was not operated at night while Walton was on duty and he did not physically assist in the manufacture or shipment of veneer. In holding that these facts fell short of proving that Walton’s work was “necessary to the production” of respondent’s goods, the Mississippi Supreme Court particularly emphasized that Walton had no other duties to perform in addition to his regular duties as a night watchman; that he engaged in no manual activities connected with production; that he was not specially employed to protect goods assembled for manufacture or awaiting shipment in interstate commerce; and that no goods were manufactured during the hours he was on guard. Under our decision in the Kirschbaum case, supra, no one of these facts standing alone, nor all of them together, can support the Court’s conclusion that the nature of Walton’s employment left him without the Act’s protection. His duty was to aid in protecting the building, machinery, and equipment from injury or destruction by fire or trespass. The very fact that a fire insurance company was willing to reduce its premiums upon conditions that a night watchman be kept on guard is evidence that a watchman would make a valuable contribution to the continuous production of respondent’s goods. “The maintenance of a safe, habitable building is indispensable to that activity.” A. B. Kirschbaum Co. v. Walling, supra, 524. The relationship of Walton’s employment to production was therefore not “tenuous” but had that “close and immediate tie with the process of production for commerce” which brought him within the coverage of the Act. Ibid., 525.

The judgment is reversed and the cause is remanded to the Mississippi Supreme Court for further proceedings not inconsistent with this opinion.

Reversed.

Mr. Justice Roberts, considering himself bound by the decision in Kirschbawn v. Walling, 316 U. S. 517, concurs in the result.

52 Stat. 1069; U. S. C. Title 29, § 216 (b).

194 Miss. 573, 11 So. 2d 912.

Section 3 (j) of the Act provides that, “An employee shall be deemed to have been engaged in the production of goods if such employee was employed in producing . . . such goods, or in any process or occupation necessary to the production thereof.” 52 Stat. 1061; ü. S. C. Title 29, § 203 (j).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (29 total)

  • Armour & Co. v. Wantock, 323 U.S. 126 (U.S. 1944)
    …n, as well as engineers, firemen, carpenters and others, were covered, because they contributed to “the maintenance of a safe, habitable building” which was, in turn, necessary for the production of goods. Again, in Walton v. Southern Package Corp., 320 U. S. 540, the “necessary for production” clause was held to cover a night watchman for a manufacturing company, and we pointed to the reduction of fire insurance premiums as evidence that a watchman “would make a valuable contribution to the continuous produ…
  • Tennessee Coal v. Muscoda Local No. 123, 321 U.S. 590 (U.S. 1944)
    …” Cf. Dollar v. Caddo River Dumber Co., 43 F. Supp. 822; Sirmon v. Cron & Gracey Drilling Corp., 44 F. Supp. 29; Bulot v. Freeport Sulphur Co., 45 F. Supp. 380; Walling v. Peavy-Wilson Dumber Co., 49 F. Supp. 846. Walton v. Southern Package Corp., 320 U. S. 540; Kirschbaum Co. v. Walling, 316 U. S. 517. Fleming v. North Georgia Mfg. Co., 33 F. Supp. 1005; Travis v. Ray, 41 F. Supp. 6. Walling v. Allied Messenger Service, 47 F. Supp. 773. Arizona and Utah statutes specifically include all the travel time…
  • Roland Elec. Co. v. Walling, 326 U.S. 657 (U.S. 1946)
    …ustomers is fully as close and “necessary” as was that of the loft building watchmen and porters to the petitioner’s tenants in Kirschbaum Co. v. Walling, supra; the manufacturing plant watchman of the respondent in Walton v. Southern Package Corp., 320 U. S. 540; or the fireguards subject to call in Armour & Co. v. Wantock, 323 U. S. 126. In the latter case this Court said (p. 130): “. . . no hard and fast rule may be transposed from one industry to another to say what is necessary in ‘the production of go…

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