same work as the other crew members." [Plaintiff's brief, pp. 4-5].
The 44% average seems clearly to be substantial enough to satisfy the 50% rule of thumb, in the light of what has been said before regarding the non-crucial character of that rule. In any event Bumbarger with 57% and Cole with 51.9% qualify. R. L. Guthrie's percentage was 47.22%, Boyd R. Guthrie's 31.65%, Kos's 33%. These are enough to establish bona fide substantial performance of management functions. The importance of such functions suffices to make them the employees' "primary duty." The section foremen are "in charge" of operation of their section of the mine during their shift. They also regularly direct the work of two or more other employees. The five section foremen qualify for exemption.
Plaintiff Chambers was maintenance foreman and assistant electrician. His duties were operational, like those of other mechanics, rather than executive or managerial. He did not evaluate, instruct, or discipline other mechanics; they were subject to the authority of the face boss (section foreman). Any supervisory work done by Chambers was minimal and negligible. He does not qualify as exempt.
Plaintiff Alvetro, though holding the title of general assistant mine foreman, performed manual labor most of the time. He exercised supervisory functions only in the absence of the mine foreman. He does not qualify as exempt.
Plaintiff Hamilton (like Chambers) was a maintenance foreman and electrician. However, he also served as acting assistant mine foreman and was responsible for the mine during the third shift. Being "in charge" of the operation during that time, he qualifies for exemption.
Although 29 U.S.C. 216(b) provides for doubling the damages, 29 U.S.C. 260 authorizes the Court in its discretion to award no additional liquidated damages if satisfied that the employer acted in good faith and upon reasonable grounds. Rau v. Darling's Drug Store Inc., 388 F. Supp. 877, 886-87 (W.D.Pa.1975). Being satisfied that these conditions are fulfilled, and that the case at bar presented close questions, we praetermit liquidated damages, and also deny punitive damages. With respect to costs and counsel fees, counsel should in requesting same allocate to their claim only such items as relate to the claims of the prevailing plaintiffs Chambers and Alvetro.
For the reasons set forth in the foregoing opinion, plaintiff's motion for summary judgment is granted with respect to plaintiffs Chambers and Alvetro, and judgment is rendered in their favor against defendants, and plaintiffs' said motion is in all other respects denied and defendant's motion for summary judgment is in all other respects granted; and
IT IS ORDERED, ADJUDGED, DECREED AND FINALLY DETERMINED that plaintiffs Thomas D. Chambers and Ray R. Alvetro have and recover against defendant Lady Jane Collieries, Inc., a Pennsylvania corporation, the amounts of $7,799.80 and $8,792.68, respectively.
AND IT IS FURTHER ORDERED, that either of said plaintiffs or defendant may move within ten days for correction of the amount of the judgment, the figures incorporated therein being derived without verification from the calculations contained in plaintiffs' brief.