that the defendant would only pay the plaintiffs for actual time on duty. Plaintiffs agreed not to leave the defendant's premises after Captain Nicholson stated to them that they were police officers and as such were sworn to protect the defendant's premises. Plaintiffs returned to duty and resumed working eight (8) hours on and eight (8) hours off duty, remaining on the defendant's premises.
36. That each of the plaintiffs worked for the defendant all of the period of time from January 18, 1946 when they reported for duty at the plant of the defendant, except for such periods of time as they were absent from the premises with the defendant's permission, until February 8 or 9, 1946 when they left the defendant's premises for their homes and resumed the working schedules they normally worked before January 18, 1946 and for which they were originally hired.
37. That during the period from January 18, to February 9, 1946, each of the plaintiffs worked the total possible man hours set forth in defendant's Exhibit 'B'.
38. That each of the plaintiffs, from January 18, 1946 to February 9, 1946, had the average number of off duty hours per twenty four hour period specified in Exhibit 'B'. These off duty hours were affected by the rotating shift duty arranged by the defendant.
39. That all of the time each of these plaintiffs was in the defendant's plant from January 18, 1946 to February 9, 1946 was time worked.
40. That on January 18, 1946, defendant had in its employ at the Pittsburgh Works, ninety (90) plant guards or special patrolmen who worked on a three (3) shift basis, thirty (30) men to a shift, and during the strike, the defendant desired to double its on duty force of plant guards, and did double its force by keeping the plant guards, including the plaintiffs on the defendant's premises twenty-four (24) hours a day.
41. The strike of the production and maintenance workers who were members of the union known as the United Steelworkers of America, and who were employed at defendant's Pittsburgh Works, although scheduled to begin at 12:01 a.m., Monday, January 21, 1946, actually began on the evening of Friday, January 18, 1946, and from the time it began, until 12:01 a.m., January 21, 1946, it was an unauthorized or 'wildcat' strike.
42. While each plaintiff remained in the Works he was furnished, by the defendant, with ample quantities of good quality food.
43. Not any of the plaintiffs complained to the defendant of not receiving adequate rest.
44. On January 25, 1946, Captain C. D. Nicholson informed the committee members that the defendant's pay policy had been established and that such policy was that each plaintiff would be paid for minimum of 12 hours per day, with appropriate overtime payment at one and one-half times his regular rate for each hour over eight (8) credited to or worked by him in any twenty-four hour period, and for each hour over forty (40) in any work week.
45. January 31, 1946, the committee members representing the plaintiffs, met with Captain Nicholson, representing the defendant, who told them that an arrangement could be made by which the plant guards would be on duty twelve (12) hours and off duty twelve (12) hours, and that they could leave the plant during their off duty hours through the institution of shift changes on a staggered basis. The committee decided that the plant guards would continue to work the same schedule originally agreed upon of eight (8) hours on duty and eight (8) hours off duty. This agreement of the committee was approved by the defendant.
46. On occasions during the period from January 18, to February 9, 1946, plaintiffs worked, by request, hours in excess of those scheduled by agreement.
47. During the period from January 18 to February 9, 1946, the plaintiffs' off duty hours averaged 10-1/4 hours per 24-hour period, and they were paid (including payment for hours credited over 40 hours per week at one and one-half times their regular rates of pay) for all except an average of 7-3/4 hours per 24-hour period. On a day a plaintiff worked only eight (8) hours, he had a total of sixteen (16) hours available to him for sleeping, eating, recreation, and other personal activities.
Conclusions of Law.
1. All of the plaintiffs are employees of the defendant within the meaning of the Fair Labor Standards Act of 1938.
2. All of the plaintiffs are engaged in interstate commerce within the meaning of the Fair Labor Standards Act of 1938.
3. All of the time spent by each of the plaintiffs on the premises of the defendant from January 18, 1946 to February 9, 1946, except for such periods as they may have been absent therefrom by special permission of their officers, was work performed by the plaintiffs for the benefit of the defendant within the meaning of the Fair Labor Standards Act of 1938.
4. Each of the plaintiffs are entitled to be paid for twenty-four (24) hours work per day or a total of one hundred sixty eight (168) hours per work week for all of the time the plaintiffs were on defendant's premises from January 18, 1946 to February 9, 1946, (except such time as they may have been absent from the defendant's premises with the permission of defendant's officers), at their regular rate of pay at which each of them was employed for the first forty (40) hours in each of said work weeks, and at a rate of not less than one and one-half times the regular rate at which each of said plaintiffs were employed for all work in excess of forty (40) hours per work week.
5. Defendant has not paid each of the plaintiffs for twenty-four (24) hours per day or a total of one hundred sixty eight (168) hours per work week for all of the time plaintiffs were on defendant's premises from January 18, 1946 to February 9, 1946, less such times as they were absent from the defendant's officers, at their regular rate of pay at which each of them was employed for the first forty (40) hours in each of said work weeks, and at a rate of pay not less than one and one-half times the regular rate at which each of said plaintiffs were employed for all work in excess of forty (40) hours per week.
6. Each of the plaintiffs are entitled to recover, of the defendant, their unpaid overtime compensation, as aforesaid and an additional equal amount as liquidated damages.
7. Counsel for plaintiffs are entitled to a reasonable attorneys' fee to be allowed by the court and to be paid by the defendant.
8. That a judgment in favor of each of the plaintiffs named, shall be entered against the defendant by the Court in accordance with these findings and conclusions upon counsel for the parties submitting agreed upon calculations as to the respective sums due each plaintiff, or failing such an agreement after the sum due each respective plaintiff, shall have been determined by the court upon further hearing, or by reference to a special master, costs to be paid by defendant.
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