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COMMONWEALTH PENNSYLVANIA v. HEMPFIELD TOWNSHIP AND TEAMSTERS (02/17/76)

decided: February 17, 1976.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA HUMAN RELATIONS COMMISSION
v.
HEMPFIELD TOWNSHIP AND TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL NO. 30, APPELLANTS



Appeal from the Order of the Pennsylvania Human Relations Commission in case of Carol Murray Westwood and Mildred Kreinbrook Nist v. Hempfield Township and Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 30, No. E-5643.

COUNSEL

James N. Falcon, with him James R. Kelley, for appellant.

Elisabeth S. Shuster, Assistant General Counsel, with her Sanford Kahn, General Counsel, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson. Dissenting Opinion by Judge Mencer.

Author: Wilkinson

[ 23 Pa. Commw. Page 352]

Claimants-appellees, two female clerks employed by appellant, filed an amended complaint with the Pennsylvania Human Relations Commission alleging that appellant and Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union 30,*fn1 "individually and in concert have, in the past, and continue through the

[ 23 Pa. Commw. Page 353]

    present time, to allow the Complainants and other female employees of Hempfield Township lower yearly pay raises than for male employees, solely because of the sex of the Complainants, female."

The matter came on for hearing where some 200 pages of testimony and five exhibits were presented. The Commission found in favor of the complainants-appellees ordering appellant to cease and desist from discrimination on the basis of sex, to pay complainants-appellees a sum equal to the wages lost by not receiving non-discriminatory wages from 1970 through 1973, with interest, and to adjust the present wage scales for clerical employees so that present wages reflect annual increases since 1969 equivalent to those received by road maintenance employees. The propriety of the order has not been challenged other than it is not supported by the evidence.

Since December, 1969, all of appellant's clerical help have been female and all road maintenance employees have been male. For the purpose of wage contracts, the employees are classified in these two groups. Since 1969 the following increases in wages have been granted, broken down into hourly rates:

Clerical Road Maintenance

1970 $.07 $.30

1971 .07 ...


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