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PEPERISSA v. COREN-INDIK

March 18, 1969

Thomas PEPERISSA
v.
COREN-INDIK, INC.



The opinion of the court was delivered by: MASTERSON

 MASTERSON, District Judge.

 1. Plaintiff, Thomas Peperissa, is a citizen of the State of Pennsylvania, residing at 7943 Provident Street in Philadelphia, Pennsylvania, and is a fifty-one year old mechanic experienced in the skill of repairing and maintaining machinery used in the manufacturing of textiles.

 2. Defendant, Coren-Indik, Inc., hereafter referred to as Coren-Indik, is a corporation organized under and existing by virtue of the laws of the State of Pennsylvania, and having its principal place of business at 4224 N. Front Street, Philadelphia, Pennsylvania.

 3. On September 9, 1964, plaintiff filed this action pursuant to the provisions of Section 216(b) of the Fair Labor Standards Act of 1938, as amended (Title 29 U.S.C.A. § 216(b)) to recover unpaid overtime compensation allegedly due him from Coren-Indik, his former employer, for the period from February 9, 1962, to January 24, 1964.

 4. Since its inception in 1957 to the present time, including all times relevant to this suit, Coren-Indik has been engaged in the manufacture of textiles.

 5. There are at least three separate processes involved in Coren-Indik's manufacture of textiles: (a) picking and blending process, (b) carding process, and (c) spinning process. The carding process is a separate and distinct process from the other two processes, carried on in a separate room, customarily referred to as the "Card Room", by a specific unit of men with permanent status and function and involving the use of machines at least five feet wide and fifty feet long known as "cards".

 6. From 1957 until March, 1963, Coren-Indik's plant was located on Third Street in Philadelphia, Pennsylvania, and included a separate area which was designated as the "Card Room". See Exhibit, D-1.

 7. Starting in March, 1963, Coren-Indik began moving its plant from the Third Street location to a new location at 4424 N. Front Street, Philadelphia, Pennsylvania; an operation which was completed in late November, 1963.

 8. In the plant at 4224 N. Front Street used by Coren-Indik from November, 1963 until the last date relevant to this suit, there was a separate area designated as the "Card Room". See, Exhibit, D-2.

 9. During the time relevant to this suit Coren-Indik regularly and ordinarily operated six days a week. Occasionally, but only infrequently, would the plant operate for a five or seven day week.

 10. There were three shifts of operations: the "A" shift from 7:00 A.M. to 3:00 P.M., the "B" shift from 3:00 P.M. to 11:00 P.M., and the "C" shift from 11:00 P.M. to 7:00 A.M. The record does not indicate whether all three shifts operated in the course of an ordinary day.

 11. At all times relevant to this suit the president of Coren-Indik was Mr. Mark Indik and the Superintendent of the Plant was Mr. John Marselis.

 12. Mr. Marselis was the general supervisor in charge of operations, both when the plant was located at Third Street and when the plant was located at Front Street. He had the primary responsibility for coordinating the processes involved in the ...


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