The opinion of the court was delivered by: MURPHY
We have for decision three cases wherein the respective plaintiffs claim they were unlawfully denied certain 'benefits' allegedly guaranteed to them as reemployed veterans by Section 8(c) of the Selective Service and Training Act of 1940, as amended, 50 U.S.C.A. § 308(c).
Defendant is the owner and operator of an Anthracite coal mine in this district in and around which plaintiffs are employed.
Plaintiff McArdle was inducted into the armed forces of the United States August 11, 1942, honorably discharged December 24, 1945, reemployed March 22, 1946. Plaintiff Cavanaugh was inducted November 27, 1943, honorably discharged October 11, 1945, reemployed November 19, 1945. Plaintiff Woods was inducted in June 1945, honorably discharged March 31, 1946, reemployed April 17, 1946.
All three plaintiffs were restored to their former positions with the same seniority, status and pay as guaranteed by Section 8(b)(B) of the Act, 50 U.S.C.A.Appendix, § 308(b)(B).
The contract under which plaintiffs were employed was under and in accordance with a working agreement between defendant employer and the United Mine Workers of America, covering wages and conditions of employment in the Anthracite coal fields in Pennsylvania. This agreement consists of the award of the Anthracite Coal Strike Commission, dated May 18, 1903, and the various amendments, supplements and additions thereto, the final modification being that of June 7, 1946. This is the same agreement, certain Hases of which have been before the United States Circuit Court of Appeals for the Third Circuit for decision in Donahue v. Susquehanna Collieries Co., 3 Cir., 1943, 138 F.2d 3, 149 A.L.R. 271; Watkins v. Hudson Coal Co., 3 Cir., 1945, 151 F.2d 311; Donahue v. Susquehanna Collieries Co., 3 Cir., 1947, 160 F.2d 661.
The problem for immediate decision involves a claim by plaintiffs for vacation compensation for the year June 1945 to June 1946.
From time to time various amendments, supplements and additions have been made to the agreement. In the agreement of May 26, 1939, the United Mine Workers of America were recognized as the exclusive bargaining agency for all of defendant's employees with certain exceptions not here relevant.
We find in the agreement of May 20, 1941, a provision that 'all employees who worked in every semi-monthly pay period * * * June 16, 1940 * * * June 15, 1941 shall be entitled to a vacation and to receive as compensation for the vacation period * * * $ 20 * * * The same rule shall govern vacations during the year * * * June 16, 1941 * * * ending June 15, 1942 * * * '
The agreement of March 8, 1944 provides inter alia, 'all obligations for vacation pay for the employment period ending June 15, 1943 have been provided for by an interim agreement. Vacation compensation for the employment period subsequent to June 15, 1943 shall be at the rate of $ 50 per year for each employee and payment of the full amount * * * shall be predicated on an employee having worked in each of the twenty-four semi monthly pay periods in the year ending June 15, 1944.'
The agreement of June 7, 1946 provides inter alia, 'Vacation compensation for the employment period subsequent to June 15, 1945 shall be at the rate of * * * $ 100 * * * per year for each employee and payment of the full amount of $ 100 per year shall be predicated on an employee having worked in each of the twenty-four semi-monthly pay periods in the year ending June 15, 1946.
Where an employee has not worked in all of the semi-monthly periods for any cause, compensation payable to him shall be a pro rata share of the $ 100 based on the number of pay periods actually worked for his employer in said year; provided, however, that time lost by an employee because of injuries incurred on the colliery premises * * * shall be construed as time worked in determining his vacation pay but not in excess of twenty-four pay periods in the aggregate; and provided further that no vacation compensation shall be payable to any employee who has worked for his employer in less than six semi-monthly pay periods in each vacation year.
Vacation compensation for the 1945-46 period shall be paid on the second pay day in June 1946 * * * .
The vacation payments for the 1947 vacation shall be made on the last pay day occurring in the month of ...