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KULIK v. SUPERIOR PIPE SPECIALTIES CO.

March 15, 1962

WALTER A. KULIK ET AL., PLAINTIFFS,
v.
SUPERIOR PIPE SPECIALTIES CO., A CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Miner, District Judge.

This matter having been fully tried before the Court, and the Court having read the pleadings filed herein by the respective parties, and the Court having heard and examined all the testimony, documents and exhibits presented by the respective parties and admitted into evidence, and the Court having heard and considered the arguments submitted by counsel in support of their respective positions, and the Court being fully advised, the Court hereby enters its Findings of Fact and Conclusions of Law as follows:

FINDINGS OF FACT

1. This is a civil proceeding brought by plaintiffs under the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. § 201 et seq., hereinafter referred to as the "Act") for overtime compensation, liquidated damages, and attorneys' fees.

2. Defendant, Superior Pipe Specialties Co., is and during the period involved herein was a corporation organized under the laws of the State of Illinois, and maintaining its office and place of business in Cicero, Illinois.

3. During the period involved in this action, defendant was substantially engaged in the manufacture, sale and distribution of pipe and pipe products in interstate commerce.

4. All of the plaintiffs, except Sam Beavers, were employed by, and performed services for the defendant, during some or all of the periods in question, in the processing, fabricating, manufacturing and handling of defendant's products for interstate commerce.

5. During workweeks in which plaintiffs worked over 40 hours, defendant failed to pay plaintiffs, for each hour worked over 40, an amount equal to one and one-half times their respective regular hourly rates for a normal forty hour non-overtime workweek.

6. Defendant compensated all the said plaintiffs for workweeks in excess of 45 hours at one and one-half times rates which were less than the respective regular rates paid plaintiffs for a 40 hour non-overtime workweek.

7. The actual payment practice adopted by defendant for the period in question, and for the period since prior to 1950, consisted of the payment of hourly rates which varied with the scheduled number of hours in a workweek. The hourly rate, calculated by including therein payments characterized by defendant as "extra or bonus payments," was lowest for workweeks scheduled at 52 hours, and higher for workweeks scheduled between 40 hours to 45 hours.

8. There is no evidence in the record that the payment practice of the defendant was part of a scheme or device devised by defendant to evade the obligations of the Fair Labor Standards Act.

9. The names of the plaintiffs and the amounts by which they have been underpaid for the period between February 15, 1957 and the date of filing of the Complaint herein, November 12, 1958, from plaintiffs' Exh. 2 in evidence, are as follows:

  Willie Cotton                $181.44
  Leepolian McCraven            174.90
  Wales Wallace                 188.55
  H.C. Threatt                   22.60
  Bodie Frazier                  73.19
  Daniel J. Nichols             228.70
  Eulois Singleton              102.45
  Dmitro Fidchechen             191.85
  Willie Clyde Posey             74.31
  William J. Jones              121.35
  George Greenberry              80.71
  Lee Edgar Kidd                191.85
  Walter A. Kulik               126.93
  T.S. Lathon                    85.50
  Dmitri Macovei                 75.40
  John Lewis                    154.43

Sam Beavers (Did not work during this period)

10. Appended to the Complaint at the time of filing was a typewritten document, not signed by plaintiffs and designated "Schedule A", purporting to constitute consents in writing ...


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