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STOLLAR ET AL. v. CONTINENTAL CAN COMPANY (12/14/61)

December 14, 1961

STOLLAR ET AL., APPELLANTS,
v.
CONTINENTAL CAN COMPANY, INC.



Appeals, Nos. 57 and 58, April T., 1961, from orders of Court of Common Pleas of Washington County, Feb. T., 1960, Nos. 185 and 306, in case of Thelma Stollar et al. v. The Continental Can Company, Inc., and Shirley Mae Blouir et al. v. Same. Orders affirmed.

COUNSEL

George B. Stegenga, for appellant.

Charles C. Hewitt, with him James B. Hecht, Barron P. McCune, and Thorp, Reed & Armstrong and McCune & Greenlee, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

[ 197 Pa. Super. Page 16]

OPINION PER CURIAM

The orders of the Court of Common Pleas of Washington County are affirmed on the opinion of Judge DAVID H. WEINER for the court below, reported at 23 Pa. D. & C.2d 463.

ING OPINION BY MONTGOMERY, J.:

The court below, in its opinion, sustained a preliminary objection in the nature of a demurrer and entered judgment in favor of the defendant employer; and gave as its reasons therefor the fact that the plaintiffs, being members of the Glass Bottle Blowers Association of the United States and Canada, through collective bargaining entered into a contract with the defendant employer and thereby waived their claims and rights under the Act of July 7, 1947, P.L. 1401, §§ 1-7, 43 P.S. 335.1 et seq.

The purpose of this Act as set forth in its title is to prohibit discrimination in rate of pay because of sex. In section 4(a) of the Act, it is specifically provided that any agreement between the employer and an employe to work for less than the wage to which such employe is entitled under this Act shall be no defense to such action.

Section 4(c) of the Act reads as follows:

"Any employee may directly or through his attorney, agent or collective bargaining representative

[ 197 Pa. Super. Page 17]

    waive, compromise, adjust, settle or release any claim which such employee may have under this act, either before or after commencement of suit thereon, and a waiver, compromise adjustment, settlement or release of any such claim by such employee or his attorney, agent or collective bargaining representative shall be a ...


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