Executive Order 9898—Suspension of the Eight-Hour Law as to Laborers and Mechanics Employed by the Departments of the Army and the Air Force on Certain Public Works

WHEREAS the Departments of the Army and the Air Force are engaged in public-work activities which are essential to the support of the military establishment and fulfillment of international commitments of the United States; and

WHEREAS employees of the Departments of the Army and the Air Force work upon portions of the same projects upon other portions of which employees of contractors are working in excess of eight hours a day; and

WHEREAS such employees of the Departments of the Army and the Air Force are not able by working only eight hours a day to carry on the Government work at the same rate as the contract work, and the completion of such projects is thereby frequently delayed; and

WHEREAS by section 1 of the act of August 1, 1892 (27 Stat. 340), as amended by the act of March 3, 1913 (37 Stat. 7626, 40 U.S.C. 321), the services of laborers and mechanics employed by the Government of the United States upon any public work of the United States is limited to eight hours in any one calendar day, except in case of extraordinary emergency; and

WHEREAS I find that as to those activities essential to the support of the military forces or urgent construction projects being performed by or for the Departments of the Army and the Air Force an extraordinary emergency exists:

NOW, THEREFORE, by virtue of the authority vested in me by section 1 of the said act of August 1, 1892, as amended by the said act of March 3, 1913, and as President of the United States, I hereby suspend until July 1, 1948, the above-mentioned provisions of law, prohibiting more than eight hours of labor in any one day by laborers and mechanics employed by the Government of the United States, as to all work performed by laborers and mechanics employed by the Department of the Army or the Department of the Air Force with respect to which the Secretary of the Army or the Secretary of the Air Force, respectively, shall find suspension essential to (1) the supply and maintenance of the Army or the Air Force, (2) the completion of essential construction, or (3) the fulfillment of international commitments: Provided, That the wages of all laborers and mechanics so employed by the Department of the Army or the Department of the Air Force shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours n any one day.

Executive Order No. 9290 of December 28, 1942, entitled, "Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the War Department on Public Works within the United States," is hereby superseded.

HARRY S. TRUMAN

THE WHITE HOUSE,

October 14, 1947