Much of the language contained in Chapters 1, 2 and 3 of Title 40 of the Code is obsolete, the major part remaining unchanged since 1914. Since then, industrial and employment conditions have changed greatly. New methods, processes and jobs have been created which cannot be adequately regulated by statutes designed for 1914-the Tin Lizzy period. Today greater flexibility is required if the welfare of the employees and employers of the Commonwealth is to be protected. The General Assembly of 1960 was of the opinion that an overall study of the statutes contained in Chapters 1, 2 and 3 of Title 40 dealing, generally, with the Department of Labor and Industry, employment agencies and the protection of employees, with a view to conforming them to modern conditions, was necessary.

Accordingly, Senate Joint Resolution 43 was adopted directing the Virginia Advisory Legislative Council to make a study of those parts of the labor laws of Virginia relating to the Bureau of Labor and Industry, employment agencies, and the protection of employees generally, as contained in Chapters 1, 2 and 3 of Title 40 of the Code of Virginia.

The Council assigned this study to Charles R. Fenwick, member of the Senate from Arlington, to serve as Chairman of a Committee to make the initial investigation and report in this area. The following served with Senator Fenwick in this study: Edmond M. Boggs, Commissioner of Labor, Richmond; Mrs. James F. Boone, Blacksburg; P. R. Clarke, Johns-Manville Products Corporation, Jarratt; M, A. Cross, Dan River Mills, Inc., Danville; S. Bolling Hobbs, an attorney, Lynchburg; John A. Jones, Jr., Celanese Corporation of America, Narrows; James F. Madison, Brotherhood of Maintenance of Way Employees, Buchanan; J. T. Matthews, Sears, Roebuck and Company, Richmond; Archie F. Parrish, restaurateur, Roanoke; W. S. Richardson, restaurateur, Richmond; C. H. Robertson, Albemarle Paper Manufacturing Company, Richmond; Brewster Snow, A.F.L.-C.I.O., Richmond; George C. Towner, Jr., an attorney, Arlington.

The Committee elected Mrs. Boone to serve as Vice Chairman. John B. Boatwright, Jr., and Fletcher W. Harkrader, Jr., served as Secretary and Recording Secretary, respectively, to the Committee.

The Department of Labor and Industry gave valuable information and assistance to the Committee. The participation of the representatives of this Department was of great assistance in pointing up areas in which changes seem desirable.

The Committee made a thorough study of the sections designated. This study disclosed inadequacies; lack of clarity, administrative inflexibility, and a general lack of responsiveness to the needs of modern socio-economic society. The Committee found that many of the sections studied no longer serve any useful purpose, the problems which they were designed to eliminate having long since vanished. The Committee made its report to the Council and the Council after study of that report makes the recommendations which follow, we have endeavored to weed out the useless, make strong the weak and fill existing voids with responsive administrative machinery, all for the protection of employees and employers.