There are situations where section 12(c) does not apply because the
minor himself is not considered employed in commerce or in the
production of goods for commerce. This does not exclude the possibility
of coverage under the provisions of section 12(a), however. In those
cases where oppressive child labor is employed in commerce but not in or
about a producing establishment, coverage exists under section 12(c) but
not under the provisions of section
12(a). The employment of telegraph messengers under 16 years of age
would normally involve this type of situation. 27 There may
also be cases where oppressive child labor is employed in occupations
closely related and directly essential to the production of goods in a
separate establishment and therefore covered by section 12(c) but due to
the fact that none of the goods produced in the establishment where the
minors work are ever shipped or delivered for shipment in commerce
either in the same form or as a part or ingredient of other goods,
coverage of section 12(a) is lacking. An illustration of this type of
situation would be the employment of a minor under the applicable age
minimum in a plant engaged in the production of electricity which is
sold and consumed exclusively within the same State and some of which is
used by establishments in the production of goods for commerce.
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27 In ``Western Union Telegraph Co. v. Lenroot,'' 323
U.S. 490, the court held section 12(a) inapplicable to Western Union on
the grounds that the company does not ``produce'' or ``ship'' goods
within the meaning of that subsection.
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[36 FR 25157, Dec. 29, 1971]
