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McVicker v. Knight Protective Service, Inc.

United States District Court, W.D. Pennsylvania

March 19, 2015

CHRISTINA MCVICKER, Plaintiff,
v.
KNIGHT PROTECTIVE SERVICE, INC., Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ORDER

CATHY BISSOON, District Judge.

I. FINDINGS OF FACT

Based on the evidence presented at trial, the Court makes the following findings, by a preponderance of the evidence:

1. Plaintiff, Christina McVicker, was employed as an armed security guard for Defendant, Knight Protective Service, Inc., a federal government contractor, beginning on October 1, 2008. (Amended Complaint ¶¶ 7-8; Hearing Testimony).

2. When hired by Defendant, Plaintiff worked as a full-time security guard in the McKeesport Social Security Office. (Amended Complaint ¶ 9; Hearing Testimony).

3. Defendant's employees told Plaintiff that the Social Security Office would prefer to have a man in her position. (Amended Complaint ¶ 11; Hearing Testimony).

4. On or about July 24, 2009, Defendant removed Plaintiff from her full-time position at the McKeesport Social Security Office. (Amended Complaint ¶ 13; Hearing Testimony).

5. Beginning in October 2009, Plaintiff's working hours began to decrease. (Amended Complaint ¶ 17; Hearing Testimony).

6. Pursuant to the collective bargaining agreement between Defendant and the National Union of Protective Service Associations (Hearing Exhibit 1), employees such as Plaintiff were entitled to the following wages and benefits from September 1, 2009 to December 1, 2009:

a. Wages: $15.76 per hour (p. A-23)
b. Health and welfare benefits: $3.16 per hour (p. A-24)
c. Pension benefits: $0.65 per hour (p. A-24)
d. Uniform allowance: $0.41 per hour (p. A-27)

7. Effective December 1, 2009, employee wages and benefits ...


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