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TOBIN v. FOWLER & WILLIAMS

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA


September 16, 1952

TOBIN
v.
FOWLER & WILLIAMS, Inc. et al.

The opinion of the court was delivered by: WATSON

This is an action brought to enjoin the defendants from violating Section 15(a)(1, 2, 5), of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. 201 et seq., hereafter referred to as the Act. Defendants are charged with violating the overtime and record keeping provisions of the Act with respect to four employees. After taking testimony and hearing arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law:

Findings of Fact

 1. Defendant Fowler and Williams, Inc. is a Pennsylvania corporation, having its principal office and place of business at 1300 Meylert Avenue, Scranton, Lackawanna County, Pennsylvania, where it is engaged in the transportation of freight in interstate commerce by motor vehicle and in the operation of a terminal and garage in connection therewith.

 2. Defendant Hilton G. Fowler is President and Treasurer of said corporation and is one of the principal stockholders thereof, and defendant Clem Palevich is Secretary of the corporation. Both of the individual defendants reside in Scranton and are actively engaged in the management and operation of the business of the defendant corporation.

 3. Defendant corporation employs approximately three hundred employees, forty of whom are subject to the provisions of the Fair Labor Standards Act. The present proceeding concerns only four employees.

 4. Louis Urso, Charles Cottell, Edward Peters and John Maus have been employed by defendants in and about their place of business in Scranton during the period from March, 1949, to the present time. Throughout the period of their employment by defendants, the said employees worked on motor vehicles and equipment used by defendants in their interstate business.

 5. Edward Peters works as a 'painter' and his duties require him to spend most of his time in painting the bodies of motor vehicles used by defendants in their business. Charles Cottell, Louis Urso and John Maus are known as 'utility' men and their duties require them to spend most of their time in greasing, washing, oiling, and refueling motor vehicles of defendants used in their business. All duties of said employees are performed in defendants' garage in Scranton, and are essential to the maintenance of defendants' motor vehicles and instrumentalities of commerce, and are an essential and integral part of interstate commerce.

 6. All of the named employees have been, and are now, members of the International Association of Machinists (A.F. of L.), Lodge Number 1971, hereafter referred to as I.A.M., since August, 1950, and prior thereto were members of the General Drivers and Helpers Local Union Number 229, hereafter referred to as the Drivers Union.

 7. The I.A.M., a duly qualified labor union representing the aforesaid employees, entered into a collective bargaining agreement with defendants dated October 1, 1950 for a two-year period ending September 30, 1952. The Drivers Union, also representing the said employees, entered into a collective bargaining agreement with the defendants dated May 4, 1948.

 8. Paragraph V of the collective bargaining agreement with the I.A.M. provides that overtime shall be paid after 48 hours have been worked in any workweek. Paragraph III of the collective bargaining agreement with the Drivers Union similarly provides that time and one-half the regular hourly rate of pay shall be paid for all time in excess of 48 hours in a workweek. 9. Paragraph VII of the collective bargaining agreement with the I.A.M. for the two-year period, October 1950 to October 1952, provides for hourly rates of pay for specific job classifications as follows: Journeymen Mechanics $ 1.68 Mechanics (B) 1.55 Helpers (Mechanics and Bodymen) 1.45 Journeymen Bodymen 1.68 Utility Men 1.30

19520916

© 1992-2004 VersusLaw Inc.



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