Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BRENNAN v. STERLING SEAL CO.

August 9, 1973

Peter J. Brennan, Secretary of Labor, United States Department of Labor, Plaintiff
v.
Sterling Seal Company, Inc., Defendant


Weber, D.J.


The opinion of the court was delivered by: WEBER

WEBER, D.J.:

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(a) (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, Sterling Seal Company, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, maintaining its office and physical plant at 316 West 16th Street, Erie County, Commonwealth of Pennsylvania, where it is engaged in the operation of a manufacturing establishment producing, selling, and distributing metal closures, can tops and related items, substantial quantities of which are regularly and recurringly shipped in interstate commerce.

 5. The business activities of the defendant as described herein are related and performed through unified operation or common control for a common business purpose and constitute an enterprise within the meaning of section 3(r) of the Act. Said enterprise at all times mentioned herein has had an annual dollar volume of sales made or business done in an amount not less than $250,000. Defendant is an enterprise engaged in commerce or in the production of goods for commerce as aforesaid, within the meaning of section 3(s) (1) of the Act (29 U.S.C. § 203(s) (1)).

 6. Since workweek ending August 30, 1970, to the present, the defendant has employed in its establishment employees designated as decorator-strippers. This occupational classification is used by the defendant to designate employees who, among other duties, remove metal sheets from conveyor belts at the end of a cylindrical dryer and place them on a pallet for transportation within the defendant's establishment.

 7. During the period of time from workweek ending August 30, 1970, to the present, defendant employed several male employees within the job classification of decorator-stripper at hourly rates ranging from $2.10 to $2.35 per hour. During the same period of time, defendant also employed Judy Edsall, Mary McNabb and Darlene Whitley as decorator-strippers at rates ranging from $1.70 to $2.10 per hour.

 8. The male decorator-strippers and the female decorator-strippers perform the above primary duties specified in finding of fact no. 6, during a significant portion of hours they work in each workweek.

 9. The parties have stipulated that the accumulated differential, during the period aforementioned, between the rates of pay of the male decorator-strippers and the three female decorator-strippers is computed to be Judy Edsall -- $1566, Mary McNabb -- $104, Darlene Whitley -- $472. The aforesaid amounts due each female, if paid to the females, would have equalized their hourly rates with the rates that had been paid the male decorator-strippers for the period from workweek ending August 30, 1970, to the present time.

 10. The defendant at its establishment maintained a job classification entitled hand-shear operator-set-up. The duties of the hand-shear operator-set-up included among other duties setting up a shearing machine by loosening and tightening a number of adjustment screws on each cutter, bringing the cutters into line, and tightening the cutters so that inserted lithographed metal would be cut cleanly and accurately along printed and designated lines on the metal. There are as many as 18 cutter-shoes both above and beneath the area into which the metal is inserted which regularly need adjustment during the cutting operation. The setting up of the cutters and adjusting the machines takes approximately 45 minutes and is performed as many as five to six times during an eight-hour shift. In the event that the adjustments are not made properly, there is great financial loss in that lithographed materials improperly cut have to be scrapped and cannot be used in the production process by the employer. It is estimated that the duties necessary to set up and adjust the shearing machines during an eight-hour shift take an employee approximately sixty to seventy per cent of his or her time.

 12. Commencing workweek ending March 26, 1972, to May 1, 1973, Gloria Smith was employed as a hand-shear operator-set-up and regularly and recurringly performed the same duties involving adjustment and set up work as did Samuel Gualtieri and Clair Jones.

 13. During the period commencing with the workweek ending March 26, 1972, to May 1, 1973, Gloria Smith received $2.15 per hour which is five cents per hour less than the normal starting rate for males in that job classification, and it is further stipulated that during the period of workweeks ending March 26, 1972, to May 1, 1973, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.