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LABOR REFORMS gggff

 

In early 1937, as part of a comprehensive initiative to explain the new Social Security Act to the public, the Social Security Board created a series of publications attempting to communicate both the principles of operation of the various programs under the Act, and, especially important in the eyes of the government executives, the underlying rationale for the various programs. This March 1937 booklet is the Board's efforts to explain the new federal unemployment compensation program.

     
cover of booklet  

UNEMPLOYMENT COMPENSATION

WHAT AND WHY?









SOCIAL SECURITY BOARD

WASHINGTON, D. C.





Publication No. 14
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON 1937
     
This brief study of the purposes and operation of unemployment compensation systems was written by Gladys R. Friedman, Technical Adviser in the Division of Legislative Aid, under the immediate direction of Merrill G. Murray, Chief of that Division, and under the general supervision of R. Gordon Wagenet, Director of the Bureau of Unemployment Compensation.
     
CONTENTS

I. THE NEED FOR UNEMPLOYMENT COMPENSATION

II. THE CASE FOR UNEMPLOYMENT COMPENSATION

III. A SHORT HISTORY OF UNEMPLOYMENT INSURANCE IN FOREIGN COUNTRIES
The British system
The German system

IV. THE DEVELOPMENT OF UNEMPLOYMENT COMPENSATION IN THE UNITED STATES
Early legislative history
The Federal Government enters the scene
The Committee on Economic Security

V. PROVISIONS OF THE SOCIAL SECURITY ACT RELATING TO UNEMPLOYMENT COMPENSATION

VI. MAJOR CONSIDERATIONS IN UNEMPLOYMENT COMPENSATION
Who shall be covered?   
Who shall contribute?    
What type of fund shall be established?
What kind of unemployment shall be compensated?
How long shall the waiting period be?
What shall eligibility for benefits depend upon?
Shall any periods of involuntary unemployment go uncompensated?
How large shall benefits be? 
How shall unemployment compensation be administered?

BIBLIOGRAPHY 
     
 I- The Need for Unemployment Compensation

For the past 4 years the American people have witnessed a tragic demonstration of the break­down of our older methods of dealing with men and women who are out of work through no fault of their own. The fundamental case for unem­ployment protection lies in the fact that under a democratic form of society we are forced to pre­vent any large scale starvation. Funds must be provided somehow . . . . It is practical sense to build a system which will gather the funds in good times and disburse them in bad times. This simple theory underlies all formal proposals for unemployment insurance, for unemployment reserves.-- Stanley King in American Labor Legislation Review, December 1933, p. 170.

THE hazard of unemployment is one of the most serious confronting wage earners in an industrial society. As our economic life becomes more complex and industry more interrelated, economic maladjustments are felt more and more deeply throughout the country. Although we have no accurate measure of unemployment, all available information indicates that no year in the past half century has been free from unemployment. Even in good times a large number of employable persons are unemployed each year. With re­turning prosperity now in the offing, nothing should obscure the fact that unemployment was not created by the depres­sion, nor will it disappear with recovery. Unemployment is a continuing problem of modern society and must be met by a continuing program.

During 1929, the year of our most marked prosperity, there were at least 1,800,000 unemployed workers in the United States. Even if American business could at once return to its 1929 status, there would still remain a body of unem­ployed workers nearly as large as that in Great Britain at the time of its most intense depression. It is clear, therefore, that unemployment caused by cyclical business fluctuations, such as we have recently witnessed, is not the only type with which we have to deal. Seasonal unemployment, techno­logical unemployment, and many other types of unemploy­ment will continue, even in prosperity, to threaten the welfare of our population and the stability of our social structure. It is important now to provide a plan for compensation to alleviate the effects of unemployment in normal times, to bridge the gap from one period of employment to another. The new problem of the permanently unemployed which has been bequeathed to us by the depression cannot be solved by unemployment compensation. Of those now unemployed, it is feared that, even when business rises again to 1929 levels, four or five million will remain permanently without work. Relief measures would appear to be the only method of caring for these people, yet the costs of unemployment relief will reach staggering heights if we attempt to use only this form of aid for those who currently lose their jobs.

Sample turnover figures show that, even now, when total employment is increasing, 3.56 workers are "separated" every month for each 100 industrial jobs. This means that, in American factories alone, 285,000 workers each month, or over 3,000,000 each year, have to seek new jobs and are at least temporarily unemployed. Although many of them may be successful after a brief search, it is inevitable that many others will remain without work for sizable periods.

Many similar figures could be cited to show that, even when employment is increasing in the aggregate, the total figures conceal decreases in specific industries and localities. For example, in April 1936, total employment in all United States manufacturing industries increased 1.2 percent over the month before, but there were decreases ranging from less than 0.1 percent to 30.9 percent in over 30 of the 90 industries surveyed. In that same month, total employ­ment in both manufacturing and nonmanufacturing occupa­tions increased from 0.1 percent to 5.5 percent in 37 States, but it decreased from 0.1 percent to 12.0 percent in 12 States.

Some indication of the volume of new, current unemploy­ment can be gleaned from employment office statistics. Every month in the last half of 1935, during a period, again, when employment was increasing and after over 6,500,000 unemployed persons had previously registered, over 450,000 new, previously unregistered workers applied for work at the offices of the United States employment services. In July, for example, the number was 704,000, of whom 16.4 percent had been unemployed for less than 1 month, but almost the same number, 16.3 percent, had been out of work for from 1 to 6 months.

The results of seasonal and chance fluctuations in business account for much of this unemployment. But certain per­sistent tendencies in our economic structure, such as tech­nological change, also bring their share of it. Increased mechanization of industry, new and improved methods of production, general increase in the productivity of labor and capital all these, whatever their ultimate effect on total employment, cause the displacement of individual workers from their jobs and unemployment of significant duration. From 1929 to 1933, the productivity of labor in manufacturing increased by from 10 to 20 percent. Without a corre­sponding increase in the demand for manufactured goods this must have meant a decrease of similar size in employ­ment. It is worthy of note, too, that the depression has deferred the installation of new machines and methods, and it is expected that the decisive return of prosperity will witness a perhaps unprecedented improvement in produc­tivity with its correlative increase in technological unem­ployment. Prosperity, far from making unemployment compensation unnecessary, will, paradoxically, increase the necessity for it. Like technological change in some of their effects are the ever recurring shifts of style and consumption that create new industries and displace old ones. Such changes as those from coal to oil for domestic heating, from

It is often asked if we can afford unemployment com­pensation, if industry now struggling out of the depression can bear a further handicap. Such a question is quite mis­leading because it obscures the fact that it is unemployment itself, not unemployment compensation, which is expensive. Unemployment is incalculably expensive. Its cost to work­ers, to business, to government, and society at large can hardly be exaggerated. But unemployment compensation is not expensive. It simply brings out into the open and more equitably distributes a part of the unavoidable cost of unemployment. This part of the cost, further, is levied at a time when it can most easily be borne.

Since returning prosperity will tend again to lull us into a false sense of security and indifference to the problem, it may be advisable to recall the successive stages in the recent development of our attitudes to this problem. First, we denied that there was or could be any unemployment. Second, we admitted the fact of some unemployment but denied that it was serious. Third, we conceded its serious­ness but contended that it would and could be relieved by private charity, even though local public relief was already carrying the greater part of the burden. Fourth, the increas­ing pressure on State and local finances forced us to accept a policy of Federal relief or work relief, in the belief that only a temporary adjustment to a passing emergency was necessary.

During the depression the Federal Government spent about $7,000,000,000 on its relief and work relief programs. In addition, State and local governments spent about $1,500,000,000. The burden of unemployment relief was beyond the capacity of most local governments and was a major reason for recent Federal deficits.

There is a fifth step which was greatly stimulated by the passage on August 14, 1935, of the Social Security Act. This step was the enactment by States of laws to protect their industrial and commercial workers against some of the hazards of involuntary unemployment. As far back as 1916 the first bill for unemployment compensation was introduced in a State legislature; in 1920 22 bills were introduced in five State legislatures, and in 1932 the first unemployment compensation law was passed in Wisconsin. On December 31, 1936, 35 States and the District of Columbia had, by the passage of unemployment compensation laws, taken this final step abandoning our reliance on relief doles and adopting in their stead the common sense device of unem­ployment compensation. For it is surely nothing but com­mon sense to set aside by contributions, during periods of employment and prosperity, a fund out of which, during subsequent unemployment, benefits may be paid to insured workers. Unemployment benefits, guaranteed in advance, certain in amount, paid out of a fund built up by orderly and systematic means, are clearly more businesslike than any form of haphazard relief, hastily set up and financed in the midst of a crisis. Such a program gives all workers a sense of security. It decreases the fear of unemployment which hangs like a cloud over all workers. To the extent that the fear of unemployment can be decreased, productive efficiency, as well as personal well being, will be increased. The increase in efficiency might easily more than offset any premium cost.

We have long tried to evade the problem of unemployment, the very size of which we do not yet know. Unemployment compensation will require a more adequate system of public employment offices and more adequate employment and unemployment statistics. More effective machinery for handling the unemployed will be paralleled by more detailed knowledge of the nature and scope of the problem. Unem­ployment compensation may thereby produce that knowledge of unemployment which will bring with it the power to attack the problem constructively in other ways.


II- The Case for Unemployment Compensation

The cost of security for millions of workmen is not only very small. It is not a new cost. Like the price of many other things, we are paying it now without knowing it. It is not an additional cost of doing the business of the Nation; it is partial rec­ognition that the real responsibility for unemploy­ment is not personal but social. Somebody is paying right now for unemployment and must continue to pay. Unemployment benefit funds provide a more equitable way of assessing the cost of unemployment on the causes most responsible for it.-- C. A. Kulp in American Labor Legislation Review, March 1934, p. 34.

UNEMPLOYMENT compensation is a method of safe­guarding individuals against distress for a short period of time after they become unemployed. It is designed to compensate only employable persons who are able and willing to work and who are unemployed through no fault of their own. Instead of making the individual get along on a steadily descending level of living until he has exhausted the last shred of his savings, credit, and the generosity of his rela­tives and friends, thus reaching a point of destitution at which he is eligible for relief, unemployment compensation sets aside contributions during periods of employment and pro­vides the individual with benefits as a legal right when he becomes unemployed. During the periods of prosperity a fund is built up, to be available for the payment of benefits in the periods when industry fails to maintain employment.

Unemployment compensation is not a system under which every unemployed person is assured of benefits for any and all unemployed time. It provides protection primarily for the person who normally is steadily employed. It can take care of the seasonal worker or the intermittently employed person only for very limited periods of time. It makes no attempt to protect unemployable persons such as those who are so old or so handicapped physically that they are unable to work. In normal times, the great majority of persons covered by unemployment compensation who become unemployed will find new employment before exhausting their benefits, but, in times of cyclical unemployment, the worker covered by a system of unemployment compensation who has exhausted his rights to benefits may have to apply for relief. Mass unemployment, such as that which we have recently experienced, cannot be entirely alleviated by a system of unemployment compensation. Such a system does, however, act as a first line of defense in protecting the industrial worker from distress caused by involuntary unemployment. By the distribution of benefits specified in advance, out of a fund built up in an orderly and systematic manner, unemployment compensation can enable individuals to plan their scale of living for a definite length of time in advance. Unemployment compensation can thus act as a cushion to the down­swing of the business cycle when business is beginning to slacken, since it helps to sustain the buying power of the consuming public.

Unemployment compensation is not a substitute for the provision of relief. Some method of alleviating the suffering caused by mass unemployment of long duration, not cared for by a system of unemployment compensation, is necessary. Unemployment compensation will, however, result in smaller expenditures for relief and, by the distribution of benefits in the early stages of a depression, will serve as a brake on deflation. It may, therefore, save many persons from applying for relief at all. The cost of unemployment compensation will not represent a net increase either in taxes or in the costs of doing business. Any amounts set aside during prosperity to alleviate the distress of unemployment will mean so much less to be raised for public or other relief at the time of depression, when money is most scarce and difficult to raise. The known and calculable costs of an unemployment compensation scheme are more easily absorsed by individual firms and by the economic system in general over a period of years than are the sudden and large demands which come with severe economic recession.

People who object to unemployment compensation often say that it represents the wrong approach to the problem of unemployment, since it is admittedly a palliative. They maintain that the important and basic job is to prevent unemployment. No one will deny that the prevention of unemployment must always be our first goal; it is in recog­nition of this need that all unemployment compensation systems provide that benefits be paid through public employ­ment offices, so that the receipt of benefits will be secondary to the primary and more important task of obtaining employ­ment. But recognition of the primary importance of eliminating unemployment does not do away with the need for mitigating its effects. To the extent that preventive methods are successful, the problems of unemployment will be lessened.

Another objection frequently heard is that a system of unemployment compensation will cause increased unem­ployment for two reasons: (1) The imposition of a tax on pay rolls will induce employers to mechanize their plants further and thereby increase the volume of unemployment in the country, and (2) the additional tax placed on industry will result in increased prices to the consuming public, which will inevitably cause a decrease in the consumption of products and thereby a reduction in the number of persons required to produce these goods.

There is no evidence that unemployment compensation has caused increased unemployment in Great Britain or Germany, two highly industrialized countries with national compulsory systems of unemployment insurance. On the other hand, the United States, with no similar system, had a larger proportion of its population unemployed in recent years than any other industrial country.

It is doubtful whether the imposition of a 3 percent tax on pay rolls would cause employers to mechanize their plants and thereby increase unemployment. If there had been no incentive to increased capital outlay and reorganization of the plant previous to the pay roll tax, even an immediate levy equal to 3 percent of pay roll would scarcely be burdensome enough to cause employers to mechanize in order to avoid the tax. In addition, it must be remembered that under the Federal and State plans in this country the full pay roll tax is imposed only gradually, so that the employer may find it easy to absorb the burden by increased output or by reducing costs through more efficient plant operation or other devices rather than by increasing his outlay for machinery, which, unlike labor, involves a permanent addition to overhead. In some industries, mechanization is inevitable if it is more profitable; in others, it is impossible to increase the ratio of machines to man power, and no pay roll tax would be suf­ficient incentive for further mechanization. In any event, it would appear that only in industries in which labor costs constitute a very large part of total expense would the pay­roll tax be an important factor in stimulating mechanization.

The idea that increase in prices will result from pay roll taxes, which will inevitably mean that fewer units are bought, assumes a static economic system in which all things remain the same and only prices rise. It may be true that prices will rise as a result of unemployment compensation financed by a 3 percent tax, but, except to a slight extent in distributive trades, the rise could not justifiably be more than 3 percent of the total labor cost of the product. In a dynamic eco­nomic system, when prices rise, other factors also change. The expenditure of benefits to persons at a time when they have no other source of income may offset the rise in prices and result in a larger consumption of products, not a smaller.

Another frequent criticism is that the tax withdraws funds from industry and acts as a retarding influence upon indus­trial recovery. The belief that payment of contributions results in the withdrawal of productive funds from industry rests on a misconception of the use to which the funds will be put. Although it is true that at the outset the funds are collected to be used 2 years hence for the payment of benefits, in the interim the funds will be available to retire the public debt or to purchase Federal bonds. This will serve to release funds from public into private investment, thereby actually aiding recovery. Expenditure of these funds in the form of benefits later, when unemployment sets in, will serve to maintain purchasing power at a time when industry can benefit most by their expenditure.

Opponents of unemployment compensation also claim that unemployment compensation interferes with the mobility of labor and prevents an unemployed worker from leaving his locality to seek work elsewhere even if the possibility of em­ployment in his present locality is small. Although some of England's ablest economists acknowledge that unemployment compensation has prevented the prod of hunger and desti­tution from forcing men to accept "any work at any pay," they see some advantage in this very maintenance of decent standards. Moreover, one of the principal functions of pub­lic employment offices is to locate jobs and to render aid in bringing the worker and the job together. The system as administered in other countries has not only promoted labor mobility despite many impediments but has been a potent factor in diminishing aimless wandering about in search of work. There is no indication that it will have any other effect here.

Another argument is that there is not in existence a sufficient knowledge of the extent and characteristics of unem­ployment to measure its incidence accurately enough for the purposes of unemployment compensation. This is likewise true of many other hazards which are regularly covered by ordinary insurance practices. In the course of the depres­sion, the losses experienced in some fields of commercial insurance have been out of line with all expectations. In fire insurance and workmen's compensation, the incidence of loss is not yet predictable with any degree of exactness. Yet this is no argument against making provision against these risks.

To sum up, unemployment compensation offers a number of advantages to employers, employees, and the government. From the employer's point of view, the existence of such a plan is a means of maintaining a reserve of workers, who cannot be continuously employed, in the various industries. It results in more stabilized markets for the goods produced and, by removing the fear of insecurity from workers, tends to create more efficient employees. Inevitably, it will also result in lower taxes for relief purposes.

From the point of view of government, unemployment compensation results in a more efficient industrial system, the removal of the violent swings of the business cycle, a reduction in relief costs, and the removal of many of the causes of social unrest.

To the employee, unemployment compensation means re­moval of the fear of insecurity and its consequent impairment of self respect and efficiency, and the establishment of a right to benefit when unemployed through no fault of his own.


III- A Short History of Unemployment Insurance in Foreign Countries

Great Britain. We have found in all quarters a general agreement that the risk of unemployment should be insured. Nobody has suggested to us that the principle of unemployment insurance should be abandoned. It has been recognized by all who have appeared before us, and we ourselves share the view, that an unemployment insurance scheme must now be regarded as a permanent feature of our code of social legislation.-- Report (1927) of the Unemployment Insurance Committee, Lord Blanesburgh, Chairman, Vol. I, p. 28.

Germany. The Commission recommends unreservedly that the relief of unemployment should continue to be organized on an insurance basis.-- The Unemployment Problem in Germany, Report of an Advisory Commission Appointed by the Federal Government, 1931, p. 78.

UNEMPLOYMENT insurance is not a new phenomenon. Its history dates back to the middle of the nineteenth century when trade unions first began to pay benefits to workers when they were out of work. From 1890 to 1905 several cities in continental Europe established voluntary unemployment benefit plans. The first plan of this kind was started in 1893 in Berne, Switzerland, and was followed by similar plans in other Swiss, German, and Italian cities. In 1901 the Belgian city of Ghent established a system of municipal subsidies to trade union funds. Known as the "Ghent system," it spread widely from the beginning of the twentieth century until the World War.

In the early part of this century many provinces or cantons began to add their subsidies to those of the cities. Some national governments also made annual grants. At the outbreak of the World War these voluntary systems had a considerable coverage and yielded a wide distribution of unemployment benefits in bad years, but in no country did they cover even half the industrial wage earners.
Following the establishment of the voluntary plans, a movement began to develop for national unemployment insurance. As early as 1894 an attempt was made to establish a compulsory unemployment insurance system in the Swiss canton of St. Gall, but it soon failed. The first real achievement was made by Great Britain in 1911 when the first national compulsory system in any country was established. No other country followed Great Britain until 8 years later when Italy established compulsory insurance. Germany enacted a compulsory unemployment insurance law in 1927. Today 8 foreign countries have national compulsory insurance systems, while the State of Queensland in Australia and 13 Cantons of Switzerland have also adopted compulsory insurance. In all, approximately 35,774,000 persons are so covered. (See table 1.)


TABLE 1. Coverage of foreign countries with compulsory unemployment insurance laws

Country 1

Date of law

Number insured

Australia (Queensland) Oct. 18,1922 175,000
Austria3 Mar. 24,1920 1,012,000
Bulgaria Apr. 12,1925 280,000
Germany July 15,1927 13,472,000
Great Britain and Northern Ireland Dec. 16,1911 14,753,000
Irish Free State Aug. 9,1920 380,000
Italy Oct. 19,1919 4,500,000
Poland July 18,1924 957,000
Switzerland (13 Cantons)   245,000
Yugoslavia Dec. 15,1935  
     
Total number insured by compulsory systems   35,774,000
1 A compulsory law was passed in the U. S. S. R. in 1922, but benefit payments were suspended in 1930.
2 These are the most recent figures available.
3 Although the Austrian system is in many respects similar to unemployment insurance systems of other European countries, it is distinguished from them by requiring a means test of applicants for benefits.
4 Data not yet available.



In addition, 10 countries and 12 Cantons of Switzerland with a coverage of approximately 4,161,000 persons have voluntary systems. (See table 2.)



TABLE 2. Coverage of foreign countries with voluntary unemployment insurance laws

Country

Date of law

Number insured

Belgium Dec. 30,1920 899,000
Czechoslovakia July 19,1921 1,407,000
Denmark Apr. 9,1907 375,000
Finland Nov. 2,1917 15,000
France Sept. 9,1905 192,000
Greece (2) 46,000
Netherlands Dec. 2,1916 564,000
Norway Aug. 6,1915 54,000
Spain May 25,1931 62,000
Sweden June 15,1934 240,000
Switzerland (12 Cantons) 3 Oct. 17,1924 307, 000
Total number insured by voluntary systems   4,161,000
1 These are the most recent figures available.
2 There is no information available on the date of the law. Data from "Industrial and Labor Information," Nov. 18, 1935, vol. 56, no. 7, indicates that insurance funds were in existence in the tobacco, milling, and baking industries and the Athens newspaper staffs.
3 Nine of these Cantons specify that communes may enforce compulsory insurance within their borders.




THE BRITISH SYSTEM


Of the 39,935,000 covered by unemployment insurance schemes in foreign countries, 28,225,000 persons are covered by the compulsory systems of Great Britain and Germany. The system originally adopted in Great Britain in 1911 covered about 2,500,000 in a few industries; 5 years later it was extended to 3,750,000. In 1920 it was once more extended to cover somewhat more than 11,000,000 persons, or practically the entire wage?earning population except farm workers and domestic servants. In April 1936 a special scheme for agricultural labor, covering 750,000 persons, with lower rates of contribution and benefits, was established. Now, all employable persons, except domestic servants, nonmanual workers earning more than £250 (1,250) a year, and some few categories of regularly employed persons, are insured against unemployment. The British system provides for equal contributions from employers, employees, and the Government. Unlike the German or the American systems, the contributions are flat amounts varying with age and sex of the individuals. They amount to 9 pence a week for men (about 18 cents) and 8 pence for women (about 16 cents).' Weekly benefits are also flat sums and amount to 17 shillings for men ($4.25) and 15 shillings ($3.75) for women, between the ages of 21 and 65. Lower contribution and benefit rates are provided for younger people. Family allowances of 9 shillings ($2.25) for a dependent adult and 3 shillings (0.75) for each dependent child are provided. Benefits are payable for 26 weeks in a year, and special provisions allow additional benefits for persons with good employment records.

Since its inception in 1911, the British unemployment insurance system has been amended frequently. The most serious of the changes resulted in the payment of benefits beyond the statutory periods provided in the National Insurance Act. These "transitional payments" or "extended benefits", as they have been variously called, paid in periods of severe unemployment to persons who had exhausted their rights to benefit, resulted in the creation of a large governmental debt to the fund which amounted in March 1932 to £115,000,000, for the fund was then carrying liabilities far in excess of the amount it was designed to cover. The system had been combined, for all practical purposes, with a relief system, since persons who should have applied for relief to the Poor Law Administration continued to receive benefits under the insurance scheme. Whether this can be construed as criticism of the insurance system is debatable. It has been stated that England avoided a revolution in 1921 when it built up the self?respect of the large army of jobless men through its program of unemployment insurance. Instead of being recipients of charity they became members of a national program of security. William Beveridge, one of the best known authorities on British unemployment insurance, has said:

1. The present value of the pound is slightly less than $5. A conversion rate of $5 for a pound sterling has been used.

"The main result of recent experience both during and after the war has been to confirm the value of contributory unemployment insurance as a measure for preventing distress through unemployment. In simplicity, generality, flexibility, and cheapness of administration, it is unsurpassed. The British scheme, put to the test under circumstances of extreme and unnecessary difficulty, has stood the strain with remarkable success."
With the passing of the worst of the depression in 1934, a new law was enacted which retained the contributory system for the regularly unemployed, but, profiting by the post?war experience, provided for the creation of a new unemployment assistance system, applicable to all able?bodied wage earners, including agricultural labor and domestic servants between 16 and 65, who were to receive assistance on the basis of need, after having drawn insurance benefits for the maximum duration. This was not a poor?relief system but was to cover the transitional stage between the exhaustion of insurance benefits and the receipt of poor relief.

The 1934 act placed the insurance scheme on a self?sustaining basis. The debt incurred by advancing sums to discharge the liabilities of the unemployment fund was to be amortized by half?yearly payments of £2,500,000 ($12,500,000), and only statutory benefits were to be paid from the fund. Contributions are now carrying more than the liabilities of the fund require, leaving a surplus. The debt is being amortized. During 1933, £4,070,000 ($20,350,000) was repaid on the principal. By September 1936 the debt had been reduced to £104,741,000 ($523,705,000). Receipts of the unemployment fund for the calendar year 1935 were £64,771,147 (323,855,735). Expenditures amounted to £53,848,522 ($269,242,610), of which £44,055,000 ($220,275,000) were paid for unemployment benefits. The net balance in the fund at the end of 1935 was nearly £21,450,000 ($107,250,000). Effective July 1936, contributions were reduced 1 penny a week on behalf of adults 18 years and above.



THE GERMAN SYSTEM

The German unemployment insurance system, established
in 1927, differs from the British in a number of important ways. Contributions are paid only by employers and employees and, instead of flat amounts, vary with wages. These rates have changed since the first schemes, but since 1930 have amounted to 6y2 percent of wages not exceeding 300 marks a month ($120) and are payable in equal shares by employers and employees. The benefit is not a flat sum to all classes of workers but is graded according to wages received, with additional benefits for dependents. In 1932 the one benefit scale for the entire country was changed to three scales, varying with the size of the community. Maximum weekly benefits range from 4.50 to 11.70 reichsmarks ($1.80 to $4.68) for a person with no dependents, and from 5.70 to 27.90 reichsmarks ($2.28 to $11.16) for a person with one to six dependents. Benefits are paid for 20 weeks a year, but after 6 weeks the benefit is based upon a needs test.

When the German plan was established, 16 years after the first British act, it was felt that some arrangement should be made to take care of the employable population who would exhaust their rights to benefit and still be unable to obtain employment. To supplement the insurance system, provision was made for establishing an emergency benefit system in times of depression financed four?fifths by the Federal Government and one fifth by the local government. Payments from this fund were to be made to a person who did not qualify for insurance benefits or who had exhausted his rights to them, only after a test of need. This test, however, was to be less strict than that applied for local poor relief. The duration of emergency benefits was fixed by executive order from time to time. These benefits were payable up to a period of 38 weeks or, in exceptional cases for persons over 40 years old, for a period of 51 weeks. If the worker . remained unemployed after having drawn the maximum amount of ordinary and emergency benefits, his only resort was to poor relief. Originally emergency benefits were to be

2 The present value of the mark is 40 cents

financed from the general funds of the Federal Government, the local government sharing in the cost to the extent of one?fifth. With the onset of the depression it became necessary to levy, in addition to the regular contributions to the insurance fund, a wage tax to help the Federal Government bear the cost of these emergency benefits. In 1933, however, largely as a result of political considerations, the source of income for emergency benefits was changed, and workers' and employers' contributions carried that burden as well as that of the insurance scheme.
The German unemployment insurance system, like the British, has also had to borrow from the Government. Industrial conditions were bad in 1929, and in 1931 an even more severe financial crisis faced the country, brought about by the withdrawal of foreign credit, large reparations payments, and reduced export trade. Uncertainty concerning the political stability and financial solvency of the country created a panic and resulted in curtailments of the protection given, by decreasing benefit rates and increasing the waiting period. As a result of the economies effected, the year ending March 31, 1933, showed a surplus in the resources of the Federal insurance fund. Not only is the fund now on a self?sustaining basis, but it is also carrying the full burden of emergency benefits, a risk it was never designed to carry.
Throughout the vicissitudes of the last decade, when all industrial countries of the world faced mass unemployment and a number of them political upheavals, their unemployment insurance systems have not been abandoned. In fact, the number of countries with unemployment insurance systems is definitely increasing. Although a number of systems acquired some of the aspects of relief, recently there has been a return [to first principles; contributory unemployment insurance is recognized as designed to protect workers in periods of "normal" unemployment and as unable to care for the entire period of unemployment accompanying a serious depression. As such, it performs its proper role-the first line of defense?against the unemployment problem.



IV- The Development of Unemployment Compensation in the United States

It took many years for this young and vigorous country of ours to realize that its frontiers would finally disappear, that a time would come when individual initiative and enterprise would not automatically result in a secure economic existence, that millions of our fellow citizens would come to economic grief through no fault of their own, and that we, as a government, if we were to survive, must provide these individuals with something more than private charity or emergency relief.-- John G. Winant, New York, April 25, 1936.

ALTHOUGH the depression increased interest in unemployment compensation, it had been established in the United States on a voluntary basis to some extent long before. As elsewhere, its beginnings date back to the out-of-work benefit systems undertaken by the trade-unions. Although the first union plan in this country was established as early as 1831, less than 100,000 union members were covered by unemployment benefit plans in 1934. Several unions, chiefly in the garment trades, reached agreements with the employing firms which included provisions for guaranteed employment and unemployment benefit plans. At their height these joint plans covered slightly more than 65,000 workers. Many of these have since been abandoned. Recurrent depressions in the last 20 years also stimulated a few companies to initiate voluntary systems. In 1934 they affected less than 70,000 employees, however, and more than half of the employees covered were in a single company. Altogether, experience with these plans indicates the inability of voluntary efforts to cope with the problem of unemployment.


EARLY LEGISLATIVE HISTORY

Legislative efforts for unemployment compensation have lagged behind the voluntary efforts of employers, trade ­unions, and employers and employees acting jointly. Follow­ing the depression of 1914-15, the first attempt to obtain an unemployment compensation law was made in the United States, when a bill was introduced in the Massachusetts legislature in 1916. The bill was modeled on the British act of 1911 in that it required contributions from employees, employers, and the State government, but even at that early date preparation was made for future developments by relat­ing contributions and benefits to wages. No action was taken and it was not until the depression of 1920-22 that once more unemployment compensation bills were introduced in the State legislatures of Connecticut, Massachusetts, Minnesota, New York, Pennsylvania, and Wisconsin. Only one of these, the bill introduced in New York in 1921, followed the 1916 Massachusetts bill. The others were modeled after the Huber bill, drafted by Professor John R. Commons of the University of Wisconsin and first introduced in the Wis­consin legislature in 1921. This bill applied the principles of American experience with workmen's compensation to the relief of unemployment. The cost was to be borne entirely by the employer, in order to force him to stabilize his employ­ment. The insurance was to be carried with a mutual com­pany under the control of a compensation insurance board which was to classify industries according to their risk. In modified forms the bill was introduced at every meeting of the Wisconsin legislature until an unemployment compensation bill was finally passed.

Little real interest developed during the period of comparative prosperity, but with the onset of the depression interest again quickened. In 1931 alone, 52 bills for compulsory unemployment compensation were introduced in 17 States (See table 3.) These were based largely on the Wisconsin unemployment reserve plan. Various State commissions in California, Connecticut, Illinois, Maryland, Massachusetts, New Hampshire, New York, Ohio, Pennsylvania, Virginia, and other States have studied the problem.

On January 29, 1932, after more than 2 years of severe depression, a law was passed in Wisconsin. Its passage greatly stimulated thought about unemployment compen­sation. Based on the theory that the employer was respon­sible for unemployment, it assessed the entire cost on him on the assumption that if he bore the cost of the system, he would make every effort to stabilize employment and thereby prevent unemployment. The law provided for the establish­ment of individual reserve funds, a provision that did not appear in the original Huber bill. Contributions of each

TABLE 3.-State bills providing for compulsory systems of unemployment compensation in selected years, 1916-36

Year

Number of States

Number of bills

1916 1 1
1921 3 4
1923 2 3
1925 2 2
1927 4 5
1929 5 5
1931 17 52
1933 23 83
1935 33 102
1936 32 134

employer were to be kept separate and available for benefits only to his unemployed workers. The Governors' Interstate Commission on Unemployment Insurance, on the initiation of President Roosevelt, then Governor of New York State, early in 1931 reported in favor of a bill very similar to the Wisconsin law. This commission consisted of representatives of New York, Massachusetts, Ohio, New Jersey, Pennsyl­vania, and Connecticut. The American Association for Labor Legislation, first in 1930 and later in 1933, prepared an "American plan" which, like the Wisconsin law, laid its emphasis on reserves rather than insurance and on preven­tion rather than relief, although it provided for industry reserves rather than individual employer reserves.

Although the Wisconsin law greatly influenced legislation in this country, equally important was the report of the Ohio advantage in competing with employers in States that had no laws. Since this was in effect an interstate problem, its solution required Federal action.

Once the committee was convinced that the problem of unemployment compensation was the direct concern of the Federal Government, the next approach was to determine what the role of the Federal Government should be.

Should it establish a compulsory national system of unemployment compensation or should the Federal Government confine its activity to promoting State action and developing a Federal ­State cooperative system? A Federal plan which would set up a complete system for the administration of unemployment compensation specifying all benefit conditions had much to recommend it. It offered a chance for the pooling of the risk of unemployment over an area wider than could be possi­ble under State action. It would have made possible the maintenance of a fund on a more strictly actuarial basis, since the paucity of State statistical information would necessitate pooling all available data to obtain anything like a sound factual background. It would have given uniformity of protection to all employees in the United States exposed to the same risks of unemployment and an easy and readily available way of handling the problem of interstate employees, a problem impossible of solution by individual State action alone and difficult even in a Federal-State system. Such plan would probably have the approval of the large employers of the country whose operations cut across State lines an who would be definitely opposed to the necessity for fun tinning under many different State regulations.

On the other hand, against these considerations was weighed the claim that an exclusively Federal system would result in a centralization of administrative functions which might paralyze action. There was the fear that, in such set-up, bureaucratic methods might flourish. In the absence of experience with unemployment compensation in t country, it was thought that it would be desirable to all wide latitude for experimentation, in the hope that this would provide uniformity where essential and diversity where desired. This, it was felt, could best be accomplished by a Federal-State cooperative system under which the Federal Government would assume the leadership by removing the disadvantages in interstate competition which would have resulted from purely State legislation. Although recognizing the need for uniformity in State action, it was felt that such uniformity could best be accomplished through voluntary State action encouraged by the Federal Government.

Two types of Federal-State cooperation were given con­sideration: a subsidy plan under which the Federal Govern­ment would grant funds to the States if they passed laws which complied with definite Federal standards, and a credit-offset plan under which a Federal tax would be levied on all em­ployers and a credit against the tax allowed to all employers who contributed to State unemployment compensation funds. Both these Federal-State cooperative systems contemplated that the Federal Government would impose a uniform excise tax on pay rolls and that the States would pass unemploy­ment compensation laws. Under the subsidy plan the entire amount of Federal tax was to be collected by the Federal Government and a Federal grant distributed to States enacting unemployment compensation laws which complied with standards prescribed in the Federal act. The advocates of the subsidy procedure argued that the standards in the Federal act would result in uniform State legislation; that it would provide a means for uniform recording of statistical experience and other information necessary for national study of the problem and for benefit payments, regardless of the workers' mobility. It was felt, however, that the States might constantly look to the Federal Government to increase the grant since they had no part in the collection of contribu­tions or the Federal tax and that the State laws would be too dependent on Federal legislation.

The second type of Federal-State system was the credit offset plan, providing for a Federal tax levied on the pay rolls of all employers and a credit up to 90 percent of the tax allowed for contributions paid by employers into a State unemployment compensation fund. This contemplated that the Federal Government would not attempt to regulate in detail what the States should include in their unemployment compensation laws. It would not set up a Federal system of unemployment compensation but would make it possible for the States to pass laws. It would permit complete freedom to the States as to the type of State law to be adopted, the length of the qualifying period, benefit rates and duration, waiting periods, claims procedure, and all the other substantive provisions; but at the same time it would provide for an equal burden on all employers by the imposition of a Federal pay-roll tax. Uniformity was also to be obtained to the extent that con­tributions could be expended solely for benefit purposes and by the deposit of State funds in the Federal Treasury. Like the subsidy plan, it provided for Federal supervision, but permitted far more local responsibility through State collec­tion of contributions, payment of benefits, and development of all the details of the law in the States, thus utilizing the traditional American methods and local machinery in the administration of labor laws. Although the subsidy plan could operate only if it received an adequate annual appropriation by Congress, the credit-offset device provided that, since contributions were collected directly by the State, administration would not depend so completely on Federal action. In this connection, it was assumed that there would be no pressure for increased expenditures by the Federal Government since benefits came solely from contributions paid into the State fund.

The tax-offset method was finally incorporated in the unemployment compensation provisions of the economic security bill which was introduced by Senator Wagner and Representatives Lewis and Doughton on January 17, 1935. The bills were referred in the House to the Committee on Ways and Means and in the Senate to the Committee on Finance. Hearings were begun almost immediately. Testimony was received from labor-union officials, industrialists, prominent citizens, and experts in the field, and careful and prolonged consideration was given the bill. The volume of hearings ran to 1,141 pages in the House and 1,354 pages in the Senate. In a revised form the social security bill came up for consideration in the House of Representatives on April 11 under a rule permitting complete freedom of amend­ment. Debate lasted until April 19 when the bill was passed by a vote of 372 to 33. Following passage in the House, the Senate Finance Committee considered it during 2 full weeks in May and reported it favorably, with amendments, on May 20. The Senate debated the bill from June 14 to June 19, when it was passed by a vote of 77 to 6. In both Houses, an overwhelming majority of both parties supported the measure. Following a period in which both Houses tried to adjust their differences, the conference committee's report was adopted in both Houses without even a roll call, in the House on August 8 and in the Senate on August 9. On August 14, 1935, the President approved the Social Security Act, which became effective immediately.



V- Provisions of the Social Security Act

Relating to Unemployment Compensation

It seems absurd that anyone today should ques­tion the need for unemployment insurance laws. The question of public policy is now one of the particular type of law to be adopted. The Secu­rity Act has provided an adequate foundation upon which to build greater protection against the risks of industry for the American people. It will in a short time do away with the worst features of our antiquated relief methods and provide for our citizens in a manner worthy of a rich and generous nation.-- William Haber, from broadcast speech, October 25, 1936: The Social Security Act, A Discussion of Some of the Criticisms.

THE passage of the Social Security Act marked the be­ginning of a new era in our social policy. The act, which is divided into eleven titles, attempts to offer protection against many of the major hazards of modern economic society. Federal aid is granted to the States for the needy aged, for dependent children, for the blind, for maternal and child welfare, for vocational rehabilitation, and for public ­health work. A national system of old-age benefits is pro­vided. The Federal Government for the first time, on a Nation-wide scale, made an effort to aid in providing some reasonable degree of economic security during unemploy­ment-other than on a relief basis-for those who ordinarily were employed. Titles III and IX of the act deal with un­employment compensation. They do not set up a Federal system of unemployment compensation but make it possible for the individual States to establish their own plans of un­employment compensation by removing the major obstacle of interstate competition. Title IX levies a pay-roll tax of 1 percent in 1936, 2 percent in 1937, and 3 percent in 1938 , on employers of eight or more persons. Certain employments are excepted from this tax, such as services in the nature of agricultural labor, domestic service in a private home, shipping on the navigable waters of the United States, service in the employment of one's immediate family, Government service Federal, State, and local-and service for certain agencies operated on a nonprofit basis. The tax is based upon the wages payable for services not excepted above and is collected by the Bureau of Internal Revenue of the Treasury Department. One of the results of the tax levied equally upon employers throughout the country is to remove a major obstacle to State action, for all employers are affected substantially the same, whether or not the State passes an unemployment compensation law.

Against the Federal tax, the employers may credit the amounts which they contribute to unemployment compensa­tion funds under a State law approved by the Social Security Board, but such credit may not exceed 90 percent of the Federal tax. In other words, if a State passes an unemploy­ment compensation law that is approved by the Social Security Board, the employers of the State instead of paying the entire Federal tax, pay only 10 percent into the Federal Treasury, while the rest remains in the State fund for the payment of benefits to the eligible unemployed population of the State.

In order to be approved by the Social Security Board, the State unemployment compensation law must include provisions that

(1) All benefits shall be paid through public employment offices, or such other agencies as the Board may approve;

(2) No benefits shall be paid for unemployment occurring within 2 years after the first day with respect to which contributions are first required;

(3) All contributions to the State fund shall be immediately transferred to the unemployment trust fund of the United States;

(4) Money withdrawn from the unemployment trust fund shall be used only for the payment of benefits;

(5) Benefits shall not be denied any otherwise eligible individual for refusing to accept any work vacant due directly to a trade dispute; if the wages, hours, or other conditions are substantially below those prevailing for similar work in the locality; if as a condition of being employed a worker has to resign from or refrain from joining a labor organization or would be required to join a company union; (6) The State law must provide that no vested rights are created which prevent modification or repeal of the State law.

These requirements do not prescribe the fundamental provisions of a State unemployment compensation law but are intended merely to define a genuine unemployment com­pensation law as distinguished from relief and to safeguard the solvency of the fund and prohibit use of the funds to lower labor standards. Definitions of who shall contribute to the State fund, the amount and duration of benefits, eligibility requirements, and similar questions, are all left entirely to the discretion of the States in formulating their own laws.

Every genuine unemployment compensation law provides that benefits shall be paid through public employment offices in order that public control shall attend the payment of benefits, and only persons genuinely unemployed and unable to obtain work shall receive benefits.

The requirement that a 2-year period elapse between the time contributions begin and benefits are first paid was in­serted because it was necessary to provide a period for the accumulation of funds before benefits began. The imposition of a 1-percent tax the first year, a 2-percent tax the second, and a 3-percent tax the third year and thereafter, made it probable that most States would require a contribution rate equal to only nine-tenths of the Federal tax, thus providing for the full credit allowed to employers and at the same time not assessing them for any greater amount than that which the employers in other States without unemployment com­pensation laws must pay to the Federal Government.

The provision that contributions be deposited in the Federal Treasury was designed to make these funds readily available to stabilize employment and to assure their absolute security.

If their investment were in the hands of varying State agencies operating under varying State fiscal requirements, they might be thrown on the market and liquidated when a depression began and drains on the fund became great. The effect on the financial structure of the country might be so serious as to cause greater unemployment.

The requirement that money withdrawn from the unem­ployment trust fund be used solely in the payment of un­employment benefits was designed to make certain that the State laws were genuine unemployment compensation laws and that the funds would not be dissipated for other purposes.

The costs of administration of the State laws are not paid from the contributions of employers and employees but, according to title III of the Social Security Act, are paid by the Federal Government out of the general funds of the Treasury if the State laws are properly administered.

In order to receive grants for administrative purposes, the State laws must be approved by the Social Security Board under title IX and also provide:

(1) Such methods of administration as are calculated to insure full pay­ment of benefits when due;

(2) Opportunity for a fair hearing before an impartial tribunal for all whose claims to benefits have been denied; and

(3) Full and complete reports to the Social Security Board on the activi­ties under the State laws, and requested information to other Federal agencies engaged in the administration of public works or assistance.

These conditions were designed to secure an efficient ad­ministration by the several States and to assure applicants for benefits that they would be given every opportunity to state their case fairly before an impartial board. Reports from the State agency to the Social Security Board were deemed necessary if the Board was to keep in touch with the developments in State programs and know whether their laws were being properly administered. If unemployment compensation was to be secondary to stabilized employment, there would have to be some active cooperation between the State unemployment compensation administration and other agencies also engaged in doing their part in the solution of the unemployment problem.

The State law may create a State pooled system in which all the contributions are commingled and available for benefit purposes to any employee in the State, or it may provide for individual employer accounts where contributions from each employer are available for benefits only to his own employees, or for a combination of these two plans. It may authorize individual accounts under guaranteed employment plans where the employer guarantees his employees at least 30 hours of work a week for 40 weeks in the year. It may pro­vide for scaling of contributions according to the benefit experience of individual employers or industries contributing to the pooled fund. Under any type of plan, if reduced contributions are permitted by State law under prescribed safeguards, it will eventually be possible for employers to secure a credit not only for the amount of contributions which they actually make under State laws but also within certain limits for the amount by which they were permitted to reduce their contributions because of their good experience record.

In order for employers to benefit by these provisions of the Social Security Act and avoid paying the entire Federal tax for 1936, the State in which they operate must pass an unem­ployment compensation law which is approved before De­cember 31, 1936, under title IX, and must collect contribu­tions thereunder before April 1, 1937. If it fails to do so, the employers of the State will pay the entire Federal tax into the Federal Treasury, and none of the proceeds will be available for the payment of benefits to their unemployed workers.

Wisconsin was the first State to pass an unemployment com­pensation law, but no other State followed for 3 years, until it was certain that some action in the field would be taken by the Federal Government. Utah, Washington, New York, New Hampshire, California, and Massachusetts en­acted State laws in 1935 before the Social Security Act was

1 The Utah law, passed on Mar. 25, 1935, was repealed and a new law passed in 1936.

2 The Washington law, which had been approved by the Social Security Board under title IX, was declared invalid by the State supreme court on Sept. 15, 1936, because it was dependent upon the enactment by Congress of the "Wagner-Doughton bill", which was never passed.



TABLE 4.-Thirty-six State Unemployment Compensation Laws approved under title IX of the Social Security Act [As of Dec. 31, 1936]

State

Date law enacted

Date of approval

Alabama Sept.14,1935 Dec. 31,1935
Arizona Dec. 3,1936 Dec. 22,1936
California June 25,1935 Dec. 27,1935
Colorado Nov. 20,1936 Nov. 27,1936
Connecticut Nov. 30,1936 Dec. 8,1936
District of Columbia Aug. 28,1935 Nov. 15,1935
Idaho Aug. 6,1936 Sept. 1,1936
Indiana Mar. 18,1936 Apr. 18,1936
Iowa Dec. 24,1936 Dec. 29,1936
Kentucky Dec. 29,1936 Dec. 31,1936
Louisiana June 29,1936 Nov. 20,1936
Maine Dec. 18,1936 Dec. 24,1936
Maryland Dec. 17,1936 Dec. 22,1936
Massachusetts Aug. 12,1935 Feb. 4,1936
Michigan Dec. 24,1936 Dec. 29,1936
Minnesota Dec. 24,1936 Dec. 29,1936
Mississippi Mar. 23,1936 May 20,1936
New Hampshire May 29,1935 Dec. 13,1935
New Jersey Dec. 22,1936 Dec. 24,1936
New Mexico Dec. 16,1936 Dec. 19,1936
New York Apr. 25,1935 Jan. 24,1936
North Carolina Dec. 16,1936 Dec. 19,1936
Ohio Dec. 17,1936 Dec. 22,1936
Oklahoma Dec. 12,1936 Dec. 19,1936
Oregon Nov. 15,1935 Dec. 23,1935
Pennsylvania Dec. 5,1936 Dec. 8,1936
Rhode Island May 5,1936 June 8,1936
South Carolina June 6,1936 July 22,1936
South Dakota Dec. 24,1936 Dec. 29,1936
Tennessee Dec. 18,1936 Dec. 22,1936
Texas Oct. 27,1936 Nov. 5,1936
Utah Aug. 29,1936 Sept.15,1936
Vermont Dec. 22,1936 Dec. 29,1936
Virginia Dec. 18,1936 Dec. 19,1936
West Virginia Dec. 17,1936 Dec. 22,1936
Wisconsin Jan. 29,1932 Nov. 27,1935


actually passed but when it was clearly a matter of months or days before the act would be through Congress. Since its passage, two States and the District of Columbia passed laws in 193 5 and 28 in 1936.

By the end of 1936, 35 States and the District of Columbia had passed unemployment compensation laws which had been approved by the Social Security Board. (See table 4.) In all they cover about 18,000,000 persons. These State laws vary in many ways. Generally speaking, an unemployed worker covered by these laws, after a specified waiting period, will receive a benefit of 50 percent of his full-time weekly wage not exceeding a weekly maximum of $15 for 15 or 16 weeks a year. But since each unemployed worker must register at a public employment office, jobs may be found for the unem­ployed persons before the end of the waiting period, or at least before the end of the period during which he is entitled to benefits, and the weekly benefit will follow only if a job is unavailable.


VI- Major Considerations in Unemployment Compensation


The objective of unemployment insurance can be defined or described as an effort to secure the wage worker and his dependents, deprived of an opportunity to work and earn a living?to secure him not necessarily against any losses, but against suffering and deprivation, to enable him to preserve during his period of unemployment, some standard of living on a level of health and decency and to accomplish this aim without any degradation, with as little injury to his ego and self?respect as possible; and not only to grant that to the workman unemployed, but to give to the employed workman a sense of security that that would be done. -- I. M. Rubinow in The Quest For Security (1934), p. 419.


THE Social Security Act as described in the preceding chapter establishes a Federal?State cooperative system of unemployment compensation which leaves to the States the power and initiative of passing unemployment compensation legislation and permits them wide latitude with regard to the type of plan they wish to establish. The act, however, offers encouragement to the States to pass State unemployment compensation laws which meet certain minimum requirements that are the essential criteria of a bona?fide unemployment compensation measure as distinguished from relief. If a State law contains such provisions and safeguards for proper administration, the Social Security Board agrees to pay all its proper administrative expenses.

Except for these requirements, the Federal Government does not restrict the freedom of the States to set up any type of unemployment compensation system they desire. Basic and fundamental policy decisions are left entirely in the hands of the State. It must designate the groups to be protected and those to be excluded. It is free to add or not to add employee contributions to those required from the employers. It is also free to make provision for State contributions to the system if it so desires, although only 1 of the 36 laws enacted as late as December 31, 1936, has done so. Likewise, it determines its own benefit rates, waiting period, amount and duration of benefits, the conditions under which the unemployed covered individuals may receive benefits, and the administrative arrangements necessary for the operation of the system. These are the principal problems confronting the framers of unemployment compensation laws. These problems have to be resolved by every State wishing to enact unemployment compensation legislation.



WHO SHALL BE COVERED?


Since no type of unemployment compensation system can attempt to offer protection to the entire working population, the groups to be included and excluded must be definitely specified in the law. An unemployment compensation plan can cover only persons ordinarily employed by others. Selfemployed persons, such as farmers and farm tenants, business and professional , men, are obviously outside the scope of unemployment compensation protection and are covered in no system in existence. Although there are no basic reasons for the exclusion of maritime employment, agricultural labor, and domestic service, anticipated administrative difficulties have led to their exclusion in the Social Security Act and in almost all the State laws. This reason also accounts for the exclusion of workers attached to small concerns, although there is no precedent in European experience for such an exclusion. While the Social Security Act levies a tax on employers of 8 or more employees, thus covering all employers actively competing across State lines, 10 of the State laws passed include smaller employers, and 4 others include all employers. The States covered these small employers because, while they were too small to compete with employers outside the State, they obviously compete with employers within the State, and covering them would, therefore, promote more equal competition. There is every possibility that employees of smaller firms will, in the not too distant future be included among the persons covered in the Social Security Act and all the State laws, as experience in administration is developed.

Many of these smaller employers will wish to be covered because, when unemployment compensation is payable, workers will try to avoid employment in noncovered occupations, and employers who are not subject will be at a considerable disadvantage in hiring labor. To cover smaller employers will greatly increase certain administrative expenses because the number of subject employers will be increased out of proportion to the increase in the number of employees covered. On the other hand, a reduction in the minimum size of establishments will considerably decrease the difficulty and expense of discovering which employers are subject and will decrease the possibilities of evading the law.


Persons engaged in the employ of State governments were excluded from the Federal tax for constitutional reasons. Employment by members of the immediate family was excluded because it opens up the possibility of collusion in falsely reporting employment. Employees of religious, charitable, and educational institutions all could readily come within the compass of an unemployment compensation system but were excluded from the Federal tax on the ground that by established precedent organizations of these kinds are generally exempted from taxes. Most of these employment exclusions have been copied in the State laws.




WHO SHALL CONTRIBUTE?


One of the unemployment compensation problems that has caused the greatest discussion in this country is who shall contribute to the fund?employers alone, or employers and employees jointly? Or shall the State government, too, pay a regular contribution, as in Great Britain?


Although the District of Columbia unemployment compensation law provides for a government contribution there seems to be little sentiment in this country generally for such regular governmental contributions. Rather the feeling has been that employers alone, or jointly with employees, should bear the cost of unemployment compensation benefits, leaving to governmental funds the problem of financing relief costs c and the costs of administering the unemployment compensation laws.

The argument in favor of employer contributions only is based on the theory that the employer is responsible for unemployment, and that, by assessing the cost on him, the burden is placed where it rightly belongs and becomes an incentive to stabilize operations and thereby decrease the unemployment in his factory. Employees, too, argue against employee contributions, but on the grounds that, since employer contributions will probably be passed on to employees through increased prices, they should not pay for benefits in two separate ways. They argue, too, that, even though many of them remain employed, they will bear the brunt of slackening business through decreased wage rates and fewer hours of work per week and should not have to bear a double burden, aid that, after all, they are paying for some unemployment since they only receive half their wages as benefits.

The advocates of joint employer-employee contributions fall into two groups: employers who feel that employees should also be taxed for benefits for themselves, and students of the problem who believe that employee contributions will lead to higher rates of benefit, that only by actually contributing will employees obtain a measure of control over the system, and that if employees actually contribute they will take an active part in husbanding the resources of the system, by preventing raids on the public treasury and by discouraging malingering. They feel, too, that employee contributions remove any tinge of charity from the compensation system and prevent criticism on the ground that such payments are relief. Ten of the thirty?six unemployment compensation laws that have been passed require contributions from employees.



WHAT TYPE OF FUND SHALL BE ESTABLISHED?


Perhaps the most controversial problem in the financing of an unemployment compensation law is whether all the contributions shall be pooled into one fund or whether there shall be some recognition of the different unemployment risks in different plants or industries, and adjustments be permitted accordingly. Where the major emphasis is on protection, as in the British and most of the State laws, the tendency has been to pool all contributions, but where prevention is the main objective, as in Wisconsin, the contributions of each employer are available for benefits only to his employees. None of the European countries has provided a separate account for each employer's contributions, although occasionally some compromise between pooling of contributions and individual reserves has been made. The 1920 law in Great Britain allowed industries to contract out of the pooled procedure and set up their own separate industrial plans if they fulfilled certain requirements, but this provision was soon repealed. The framers of the German law, with the advantage of more than a decade of British experience before them, provided for pooling of contributions on a regional basis.

The advocates of the employer?reserve type of plan, in placing their emphasis on the stabilization of employment, feel that, since the employer is, to a considerable extent, responsible for the unemployment of his plant, he will do everything in his power to prevent that unemployment if he has to pay for it. The principal disadvantage in this plan is that it gives employees in companies with the greatest unemployment the least protection, since benefits must be scaled down to the resources of the fund. The wide variations in the risk of unemployment between companies will undoubtedly result in the inability of a large number of funds to pay any, or more than very inadequate, benefits. To assure protection to the employees affected, it will be necessary to raise the rates of contribution in the very companies least able to meet these increased costs.

Those who advocate pooling of contributions maintain that the important thing in building up an unemployment compensation fund is to provide protection against unemployment, leaving to other measures the problem of stabilizing industrial operations and of thereby preventing unemployment. It is contended that the possible reductions in contributions will be too small to provide much incentive to employers to attempt stabilization; that other factors in the costs of production, such as changes in style and prices, far outweigh any savings which can be gained by stabilizing employment. Since our factual information about unemployment is still far from adequate in this country, the broadest possible basis for covering the risk of unemployment, it is
argued, will yield the greatest amount of protection. Experience during the past decade suggests that most of the unemployment is beyond the power of the individual employer to control. In fact, it has been demonstrated that stabiliza
tion in one firm may cause fluctuations in employment in the rest of industry.

Most of the 32 States whose laws provide for a pooling of all funds include some provision for merit rating in the future, for the scaling of contributions to the unemployment risk of the plant or industry. By so doing, they feel that they have incorporated the best reason for the pooled procedure equal protection for all workers covered by the system with the major advantage of employer reserves, an incentive for stabilizing employment.

States may, consistent with the Social Security Act, provide either employer?reserve funds, pooled funds, or combinations of these two types. In addition, employers, under the Social Security Act, may adopt systems of guaranteed employment which guarantee in advance 30 hours of wages for each of 40 calendar weeks in 12 months for all employees in one or more establishments of an employer, who must give security satisfactory to the State agency affected for the fulfillment of such guaranty.

Before the depression, guaranteed employment plans had been adopted by several employers in this country who had
stabilized their employment. Recently, a number of employers under the Wisconsin law established such plans, but experience with them was so unsatisfactory that all of them have since abandoned their plans. The difficulties involved in guaranteeing work to all the employees of an employer and the inflexibility of the arrangements made them unsatisfactory to both employers and employees. Employers who at one time felt that they would be able to stabilize their employment and thereby avoid the need of paying unemployment benefits have as a result of the recent depression abandoned their plans and are no longer such strong advocates of employment guaranty plans.




WHAT KIND OF UNEMPLOYMENT SHALL BE COMPENSATED?


Decision concerning the type of unemployment to be covered must involve a choice as to whether the plan shall apply only to total unemployment or whether it will include benefits for partial unemployment, seasonal unemployment, and unemployment during depressions. In this country total unemployment has consistently been defined as total lack of work or wages for a week, partial unemployment as employment at less than full time in which the earnings for the week bear a certain relationship to the benefit the individual would have received if totally unemployed. All the State laws, except the five which limit their benefits to fulltime unemployment, make some such provision for partial unemployment.

If seasonal unemployment is treated separately, decision must be made as to whether benefits are to be paid for unemployment incurred in the usual slack season or only in the usual busy period. Foreign experience indicates a trend in the latter direction, for unless this course is followed the workers in seasonal industries would draw a larger proportion of the benefits annually than would other workers who might become unemployed in other than seasonal industries. The provision in the Social Security Act covering only employers who during some 20 different weeks employed eight or more workers tends to exclude certain seasonal employments. Most of the State laws have no separate provision covering seasonal employments, but ten?????? give the commission power to determine special benefit rates and eligibility for benefit for seasonal industries.

The unemployment compensation system cannot provide for unemployment continuing over abnormally long periods of time, that is, the unemployment that comes with cyclical depressions, although it is intended to ward off depressions by the payment of benefits in the regularly recurring periods of unemployment attendant upon the ordinary operations of business activity. A system of unemployment compensation is primarily designed to protect the worker against the ordinary periods of unemployment attendant upon normal business.


HOW LONG SHALL THE WAITING PERIOD BE?



In every unemployment compensation system a waiting period is required before benefit payments begin in order to
allow time for establishing the applicant's right to benefit and to prevent exhaustion of the fund in paying compensation for very short periods of unemployment. If no waiting period were exacted, the minor ebbs and flows of employment in normal times would result in large drains on the resources of the system for a type of unemployment that causes relatively minor hardship to the worker. It should be remembered, however, that the length of the waiting period greatly affects the duration of benefits and that decision must be made whether it is better policy to provide a longer waiting period and to have a longer duration of benefits, or a shorter waiting period which will inevitably result in the payment of benefits for a shorter period of time to those unemployed. A few of the State laws require a waiting period of 4 weeks a year; more commonly, a waiting period of 3 weeks a year or 2 weeks within 13 weeks is required.


WHAT SHALL ELIGIBILITY FOR BENEFITS DEPEND UPON?


No unemployed worker covered by the law automatically receives benefits, for in all unemployment compensation systems there are definite eligibility requirements that each individual must meet before he can receive benefits. First, in order to insure that expenditures from the fund are not made to persons who are not regularly employed, a worker, to be eligible for benefits, must have been employed in an occupation covered by the law for a period of time which in the State laws varies from 13 to 26 weeks a year, with New Hampshire requiring 60 days. In the laws passed very recently, there is no period of employment required, but an employee must have earned wages equal to from 13 to 24 times his weekly benefit rate. The Michigan law has a flat monetary wage requirement of $50 in each of 3 quarters or a total of $250 in 3 quarters. Wisconsin has no qualifying period but provides that an employee must have worked 4 weeks for an employer before he is eligible. Ohio is the only State which has no employment qualification. In addition, all the States except Ohio provide that the actual duration of benefits shall bear a definite relationship to the period of prior employment or earnings. Usually this relationship is expressed in terms of a ratio of 1 week of benefit to 4 weeks of employment. But the same result may be reached if total benefits paid in any year are expressed as a percentage of prior earnings, and the necessity of keeping records of actual weeks worked thus avoided. Secondly, when the worker becomes unemployed, he must report at a specified office, register as unemployed, and file a claim for benefits. Unless registration is made in a controlled manner there will be no way of keeping continuous supervision over the unemployment of the covered individual, and benefits may be paid to persons who do not legitimately merit them. In the third place, the unemployed person must also be able and willing to work. The unemployment compensation plan is not designed to provide benefits for sick or incapacitated individuals but is concerned solely with the payment of benefits to individuals who, though able and willing to work, are unable to find work through no fault of their own.

In some way, too, the system must be administered so that working standards are not broken down and the individual unemployed man compelled to accept any work ?????at any wages. In every unemployment compensation law both in this country and abroad, an individual is permitted to refuse work offered him if it is not suitable. Suitable work is usually defined as not below the standards prevailing for similar work in the locality, or work which is not vacant because of a strike or lockout or which would require an individual to join a company union or refrain from joining or resign from a labor union of his own choosing. Such provisions are incorporated in every State law since they are prerequisites if a law is to be approved by the Social Security Board.



SHALL ANY PERIODS OF INVOLUNTARY UNEMPLOYMENT GO UNCOMPENSATED?

Since an unemployment compensation system is primarily designed to pay benefits to persons unemployed through no fault of their own, certain periods of unemployment are not rightly the type to be compensated. In this category is unemployment caused by a trade dispute. Most State laws disqualify a person unemployed because of a trade dispute in active progress in the establishment where he is or was last employed. Trade disputes, however, often have repercussions far beyond the limits of the factories directly involved, causing workers indirectly affected to be involuntarily unemployed and legitimately eligible for unemployment benefits.

In Great Britain and Germany persons unemployed after being discharged for misconduct or having voluntarily quit their employment are penalized by having benefits withheld for a period of time varying with the severity of the offense. In American legislation, however, these penalties are far more severe. The practice has varied from a flat disqualification varying from 3 to 6 weeks in addition to the waiting period and complete disqualification, to one depending on the severity of the offense varying from 1, 2, and 3 to as much as 9 weeks in addition to the waiting period. Some of the earlier State laws enacted also provided that the duration of benefit shall be reduced also by this same penalty period. The refusal of suitable employment has also been penalized by a complete disqualification, a flat disqualification of 3 or 4 weeks, or one varying from 1 to 5 weeks. But, in some cases, these periods also act to shorten the maximum duration of benefits. In Germany and Great Britain, refusal of suitable employment disqualifies a person for 6 weeks.



HOW LARGE SHALL BENEFITS BE?

Unemployment compensation benefits are necessarily limited by the amounts that are raised in contributions. Within this limit there can be considerable variation in the benefit provisions. The benefit may be paid in flat amounts or as a proportion of earnings. A high rate may be paid for a short period or a low rate for a longer period, but the chief determinant should always be that assistance be given to the greatest number of unemployed with a minimum of discrimination in favor of minority groups.

Benefits paid as flat amounts are geared to the wage of the lowest paid worker and provide no more than a subsistence income. European experimentation with this device has resulted in considerable modification of the original flat rate, and, except in Great Britain, some adjustment of benefit to wages is now the general rule. This latter procedure enlists a larger interest on the part of the higher wage groups, who would regard flat benefits mainly as a relief measure. The greater spread as between the highest and lowest wages here as compared with European countries also argues that benefits should be proportionate to wages. It is almost universally proposed in this country that benefits be a uniform percentage of former full?time wages. This is considered the more equitable policy for all groups, since regional differences in the cost of living are reflected in the varying wage rates and the same degree of protection would be provided for all. This rule, however, is usually modified by the stipulation of minimum and maximum benefits. All but two State laws have a maximum of $15. Some State laws have a flat minimum of $5, $7, or $7.50, while others will pay three?fourths (or, in Colorado and New Hampshire, 70 percent) of the full-time wage as a minimum if it amounts to less than the figure otherwise set. Four provide no minimum at all.

Since unemployment compensation is designed to benefit the regularly employed person, the benefit duration must bear a direct relationship to the employment or employability of the person measured in terms of previous employment or earnings, just as premiums in life insurance are related to the degree of expectancy of life. Without this relationship, the system assumes the characteristics of relief.

The rate of benefits may be low, permitting a longer duration, or high with a shorter duration. If a low rate is adopted, it will not yield a subsistence benefit for the lowwage groups, and their payments will have to be supplemented from relief sources. On the other hand, a high rate may reduce the incentive to seek employment. With but few exceptions, the State laws have provided that the benefit rate be placed at 50 percent of full-time weekly earnings With contributions of 3 or even 4 percent of pay rolls, this is virtually the maximum weekly rate of benefits which can be provided without unduly shortening the duration of benefits.


All the 31 State laws which provide benefits for partially unemployed persons do so on a basis different from that applicable to the totally unemployed, even though, to the employee, unemployment means all lost time involving decreased earnings whether it be in units of hours, days, or weeks. If it is felt that the unemployment compensation system shall provide an incentive to employees to take part?time work, it seems reasonable that the sum of the benefits for partial unemployment and the earnings for parttime work should be slightly higher than the benefit for total unemployment. Compensating partial unemployment at a rate lower than that for total unemployment also acts as an incentive for employers to spread work by keeping a man partially employed and thereby limiting benefit expenditures. Most of the State laws provide that earnings for part-time work plus benefit for partial unemployment shall exceed benefit for total unemployment by $1, $2, or onesixth of part-time earnings. In 4 States the sum of earnings for partial employment and benefits is limited to the amount that the unemployed individual would have received if he had not worked at all.

European laws generally provide dependents' allowances. Such provision is open to the objection that it introduces the element of need with all its implications of investigation and administrative detail, and it prevents relating benefits closely to contributions. The theoretical problem involved is whether it is more socially desirable to pay a slightly higher benefit rate to all unemployed persons, or to redistribute the cost in such a way as to benefit to a higher degree those persons having family responsibilities. This is a matter of social policy on which the State must make its own decision. Only one law in the United States provides for dependents' allowances.

In addition to formulating a benefit scale, it is necessary to indicate the length of time for which benefits are paid or the total annual amount allowed. This must be done not only to safeguard the resources of the fund but in order to protect all the covered workers, so that persons unemployed for an abnormally long period will not draw benefits to the disadvantage of others who subsequently become unemployed.

Most of the State laws provide for a benefit duration of 15 or 16 weeks a year, or 15 or 16 times the weekly benefit amount.

Owing to the short duration of regular benefits that is possible, a State may wish to provide more generously for those who have had stable employment records over a period of years and have not previously drawn upon the fund. Foreign experience indicates that a large proportion of employees will draw no benefits for a number of years. These employees will have an especially valid claim to the additional benefits thus provided when, because of a depression or technological change, they lose their jobs and are unable to find other work. Thirteen of the State laws make some provision for additional benefits.

In more recently enacted laws, however, the States tend to drop extended benefits for a longer normal duration, because of the administrative difficulties attendant upon keeping records open for a long period of time.


HOW SHALL UNEMPLOYMENT COMPENSATION BE ADMINISTERED?

The tendency in administration is to endeavor to secure a nonpartisan administration divorced from politics. Half of the State laws provide for independent commissions which function to a large extent independent of the State administration; the others are in a previously established State agency, such as the Department of Labor. The fundamental problem is the necessity for adequate personnel chosen on a merit basis with sufficiently flexible powers to meet the needs of a new and untried institutional development. The success or failure of the entire system depends, too, upon how adequate the tie?up with public employment offices is and how efficiently they function, for the payment of benefits is always made through the public employment offices and is the alternative to obtaining employment. In this connection, the public employment offices will have to be expanded both in number and staff to cover the entire country and the personnel trained to handle the new task s of benefit payments.

Provision for State or local advisory councils composed of employer and employee representatives and of the representatives of the public generally will be of great assistance to the administrative agency in formulating policy and assuring impartiality and neutrality in the solution of problems that arise.

General flexible provisions are necessary for the settlement of benefit claims. Usually, claims for benefits are first filed at the local employment office or other designated agency, and disputed claims are heard locally, with opportunity given for a fair hearing before an impartial tribunal. Unless an appeal from such decision is filed within a short period of time after delivery of notification, such decision is final. Usually a further appeal to the administrative agency or to an independent board of review is provided. On points of law, a further appeal is allowed to the civil courts. All persons delegated to handle claims or appeals would be given authority to administer oaths, take depositions, certify to official acts, issue subpenas, and compel the attendance of witnesses and the production of necessary papers, books, and records. But, in general, claims are conducted in a nonlegalistic manner in order to provide adequate protection to the unemployed worker unused to the technicalities of legal procedure. Adequate penalties are also provided in each law in order to protect the employee's rights and benefits, and to guard against misrepresentation or fraud on the part of both employers and employees.

Unemployment compensation must be regarded as only one aspect of the approach to the solution of the unemployment problem. By the passage of the Social Security Act in 1935 and the establishment of 36 State unemployment compensation systems, the United States has taken its position as a forward?looking country, recognizing unemployment as one of the most serious ills facing modern economic society and talong definite steps against it. The problem is of course, broader than that of providing unemployment compensation comprehending as it does the inherent factors in our Industrial system which cause unemployment, as well as the alleviation of distress which goes beyond the limits of unemployment compensation. The facts that 35 States and the District of Columbia had passed laws by the end of 1936 and that there is every indication that this number will be greatly increased are evidences of the earnestness and the high endeavor with which the program is going forward.




Bibliography


The reader will find material for further reading in the following references, from which much of the foregoing discussion has been derived

I-

Bakke, Edward Wight, The Unemployed Man; New York, E. P. Dutton and Co., Inc., 1934, 308 pp.

Butler, Harold Beresford, Unemployment Problems in the United States; International Labor Office, Studies and Reports, Series C, No. 17; World Peace Foundation pamphlet, 1931, 112 pp.

Calkins, Clinch, Some Folks Won't Work; New York, Harcourt, Brace and Co., Inc., 1930, 202 pp.

Douglas, Paul H., and Director, Aaron, The Problem of Unemployment; New York, The Macmillan Co., 1931, 505 pp.

Haber, William, Unemployment, fl Problem of Insecurity; (An outline for a course of study); Affiliated summer schools for women workers in industry, 218 Madison Ave., New York, N. Y., 1931, 87 pp.

Security or the Dole? Public Affairs Pamphlet No. 4, 1936. Public Affairs Committee, National Press Building, Washington, D. C., 32 pp.

Unemployment--An International Problem (Report by a Study Group of Members of the Royal Institute of International Affairs); London, Oxford University Press, 1935, 496 pp.


Williams, James Michael, Human 4spects of Unemployment and Relief; University of North Carolina Press, 1933, 235 pp.

II-


Douglas, Paul H., and Director, Aaron, The Problem of Unemployment, New York, The Macmillan Co., 1931, 505 pp., chapter XXVIII, pp. 484-497.


Feldman, Herman, The Regularization of Employment; New York, Harper and Brothers, 1925, 437 pp., chapter XV, pp. 365-404.

Gilson, Mary B., Unemployment Insurance; Chicago (University of Chicago Public Policy Pamphlets), 1933, 30 pp.

Harper, Elsie D., Out of a Job; New York, Woman's Press, 600 Lexington Ave., 1931, 52 pp.

Report of the Ohio Commission on Unemployment Insurance; Columbus, F. J. Heer Printing Co., 1932, 2 vols., part 1.


III-


Bakke, Edward Wight, Insurance or Dole?; New Haven, Yale University Press, 1935, 280 pp.

Carroll, Mollie Ray, Unemployment Insurance in Germany; Washington, Brookings Institution, 2nd edition, 1930, 140 pp.

Gilson, Mary Barnett, Unemployment Insurance in Great Britain; New York, Industrial Relations Counselors, Inc., 1931, 560 pp.

Hill, A. C. C., Jr., and Lubin, Isador, The British flttack on Unemployment; Washington, D. C., Brookings Institution, 1934, 325 pp.

Industrial Relations Counselors, Inc., fln Historical Basis for Unemployment Insurance; Minneapolis, University of Minnesota Press, 1934, 306 pp.



IV-

Report to the President of the Committee on Economic Security; United States Government Printing Office, Washington, 1935, 74 pp.

Stewart, Bryce M., Unemployment Benefits in the United States; New York, Industrial Relations Counselors, Inc., 1930, 727 pp.

Witte, Edwin E., An Historical Account of Unemployment Insurance in the Social Security Act, in "Law and Contemporary Problems," January 1936, vol. 111, no. 1, pp. 157?169.

Social Security in America: The Factual Background of the Social Security flct as Presented by a Summary of Staff Reports to the Committee on Economic Security; United States Government Printing Office, Washington, 1937, part I.


V-


A Brief Explanation of the Social Security flct; Social Security Board, Informational Service Circular No. 1, March 1937.


Burns, Eveline, Toward Social Security; New York, McGraw?Hill Book Co., 1936, 269 pp.


Douglas, Paul H., Social Security in the United States; New York, McGrawHill Book Co., 1936, 384 pp.

Social Security in America: The Factual Background of the Social Security .' flct as Presented by a Summary of Staff Reports to the Committee on Economic Security; United States Government Printing Office, Washington, 1937, part I.


VI-


Analysis of State Unemployment Compensation Laws, January 1, 1937; Social Security Board, Publication No. 13, 23 pp.

Douglas, Paul H., Standards of Unemployment Insurance; Chicago, University of Chicago Press, 1932, 251 pp.

Draft Bills for State Unemployment Compensation of Pooled Fund and Employer Reserve flccount Types; Social Security Board, January 1937, 151 pp.

Hansen, Alvin, and others, Program for Unemployment Insurance and Relief in the United States; Minneapolis, University of Minnesota Press, 1934, 201 pp.

Law and Contemporary Problems; January 1936, Vol. III, No. 1, Duke University School of Law, Quarterly Publication, 172 pp.

Social Security in America: The Factual Background of the Social Security Act as Presented by a Summary of Staff Reports to the Committee on Economic Security; United States Government Printing Office, Washington, 1937, part I.