The opinion of the court was delivered by: WEBER
1. This action was instituted by the Secretary of Labor, United States Department of Labor, under the provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), hereinafter referred to as the Act. Plaintiff has alleged that the defendant has violated the provisions of sections 6(d) and 15(e) (2) of the Act by discriminating, within its establishment in which employees have been employed, between employees on the basis of sex by paying wages to employees in such establishment at rates less than the rates which it pays to the employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility and which is performed under similar working conditions.
2. Plaintiff seeks the restraint of continued violations of the Act and further seeks to have the defendant restrained from withholding any back wages owed to its employees as a result of the aforesaid violations of the Act.
3. Defendant is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, maintaining its office and physical plant at 174 East Bissell Avenue, Oil City, Vanango County, Commonwealth of Pennsylvania, where it is engaged in the operation of a general hospital providing general medical services to the public.
4. Defendant at all times relevant hereto has employed in excess of 400 employees. A significant number of these employees are regularly and recurringly engaged in interstate commerce or in the production of goods for interstate commerce. More specifically, defendant's office employees are engaged in the receipt, preparation, and forwarding of letters, bills, receipts, invoices, and like documents through the United States mails to or from points directly outside the Commonwealth of Pennsylvania. Defendant also employs employees who receive, handle or otherwise work on various food stuffs, drugs, and medical equipment which has been received from points outside of the Commonwealth of Pennsylvania.
5. The general medical services provided by the defendant are related and performed through unified operation or common control, and in accordance with section 3(a) (1) of the Act, are deemed to be performed for a business purpose. Defendant is an enterprise engaged in commerce and in the production of goods for commerce within the meaning of section 3(a) (4) of the Act under the Fair Labor Standards Act amendments of 1966.
6. At the defendant's establishment from workweek ending July 30, 1968, to date, the defendant has employed among others, a number of male employees classified as orderlies and a number of female employees classified as nurses aides.
7. The male orderlies, during the period complained of, received a pay differential of approximately 30 cents per hour more than the female nurses aides.
8. The primary work performed by both female nurses aides and male orderlies consists of:
(a) Complete Patient Care. This includes caring for the personal needs of patients such as serving of food and beverages, assisting with baths and body rubs, oral hygiene and skin care, and answering patients' call lights, in the taking care of patients' physical and mental needs in providing safety, comfort, proper hygiene, adequate nutrition, proper elimination, physical activities, rest, sleep, and proper attitude. Further, the aforesaid aides and orderlies administer treatments as required by hospital routine. The aides and orderlies as part of their duties constantly watch patients and report symptoms or problems to authorities in charge. Further, the aides may chart procedures performed on the patient, including vital signs such as blood pressure, temperature, pulse, and respiration, symptoms and problems. The aides and orderlies also keep communication lines open between the nurses, patients, doctor, hospital authorities, and the patient's family.
(b) Assisting patients with mechanics such as ambulations, turning, wheel chairs, bed pans, coughing, deep breathing, lifting, and moving. Aides and orderlies are responsible for the giving of enemas, performing surgical preps and perilights, and seeing that all equipment used is cleaned and properly maintained.
9. The nurses aides and orderlies perform the above primary duties specified in Finding of Fact No. 8, during a significant portion of ...