Chapter § 2-63 29 CFR § 782.8. Special Classes for Carriers

• Jurisdiction: United States

2-63 29 CFR § 782.8. Special Classes for Carriers

(a) The Interstate Commerce Commission consistently maintained that transportation with a State of consumable goods (such as food, coal, and ice) to railroad, docks, etc., for use of trains and steamships is not such transportation as is subject to its jurisdiction. (New Pittsburgh Coal Co. v. Hocking Valley Ry. Co., 24 I.C.C. 244; Corona Coal Co. v. Secretary of War, 69 I.C.C. 389; Bunker Coal from Alabama to Gulf Ports, 227 I.C.C. 485). The intrastate delivery of chandleries, including cordage, canvas, repair parts, wire rope, etc., to ocean-going vessels for use and consumption aboard such vessels which move in interstate or foreign commerce falls within this category. Employees of carriers so engaged are considered to be engaged in commerce, as that term is used in the Fair Labor Standards Act. These employees may also be engaged in the "production of goods for commerce" within the meaning of section 3(j) of the Fair Labor Standards Act. See cases cited in Sec. 782.7(c), and see Mitchell v. Independent Ice Co., 294 F.2d 186 (5th Cir. 1961), cert. denied, 368 U.S. 952, and part 776 of this chapter. Since the Commission has...