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September 25, 1945


The opinion of the court was delivered by: KALODNER

This action was brought by the plaintiff, Edward E. Damon, against his employer, Ford, Bacon & Davis, Inc., to recover alleged unpaid overtime and liquidated damages pursuant to Section 16(b) of the Fair Labor Standards Act, 52 Stat. 1069 (1938), 29 U.S.C.A. § 216(b), The sole question for determination is whether the plaintiff comes within the protection of the aforesaid Act.

A jury trial was waived, and the case was submitted upon the pleadings and additional evidence. Accordingly, I make the following

 Findings of Fact

 1. The defendant, Ford, Bacon & Davis, Inc., a corporation organized under the laws of New Jersey, was employed by Defense Plant Corporation to construct a large factory at Pottstown, Pennsylvania, known as Plant No. 2, for the manufacture of aircraft engines.

 2. Prior to February, 1942, all accounting relating to this construction was controlled through the New York office of the defendant, but, since this proved unsatisfactory, Mr. C. R. Shoemaker, Cost Accountant on this job, was directed to supervise the preparation of an organization chart of the major divisions of the Accounting Department, which was done.

 3. Under this chart, which was thereafter adopted in practice by the defendant, a time checking department was created at the job site under the supervision of a Chief Time Checker.

 5. During the period complained of, Damon, as Chief Time Checker was in charge of the Time Checking Department with approximately 20 employees under his supervision, eight of whom were outside checkers and eight inside checkers, whose activities he directed. In at least one instance he hired an employee.

 6. Damon was charged with the preparation of a system of time records for work performed in the construction of this aircraft factory, and its maintenance, including the procurement of time data and the processing of any discrepancies between the records of sub-contractors and those of his department. In addition to accomplishing these assignments, Damon, in the course of his employment, set up a system to expedite the handling of contractors' records.

 7. Pursuant to his instructions, Damon prepared time record sheets identifying the particular sub-contractor and the job, listing the respective employees and their time worked. As sub-contractors came on the job, records of their contracts were sent to the Time Checking Department as well as notices of extra work orders and time and material jobs. These time record sheets were distributed by Damon to the outside supervisor of time checkers who allocated them to outside checkers, who noted thereon the straight time and overtime worked by each employee. These sheets were then returned to the clerical section of the Time Keeping Department under the supervision of Damon, and it prepared a summary or recap list. Such summaries when checked against different jobs by the same sub-contractor would disclose any double time charges. Also, these summaries were used to check against the payroll records submitted by the sub-contractors, as well as against their invoices based on their payroll records. If discrepancies between the records of the Time Checking Department and the sub-contractors appeared, the Chief Time Keeper was charged with the duty of correcting the discrepancies by contacting the sub-contractor.

 8. In case of discrepancies between the records of Damon's department and the records of sub-contractors, Damon would communicate with the contractors by letter or by telephone, but when a contractor had an office at the construction site, he would adjust the difference with the contractor there.

 9. Approximately eighty-six individuals, firms or corporations supplied labor service in connection with the construction of this plant. Of this total, approximately twenty had home offices outside of Pennsylvania.

 10. During the eleven and a half month period of his employment, which did not vary in type and character, Damon wrote 176 letters, and made approximately six telephone calls a month, to sub-contractors on this job who had their home offices outside of Pennsylvania.

 11. Over the period of his employment Damon worked a total of 539 1/2 hours in excess of 40 hours in each work week. Of such overtime, plaintiff worked 29 1/2 hours at the rate of $ 50.00 per week, 469 hours at $ ...

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