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.

MITCHELL v. GOODYEAR TIRE & RUBBER COMPANY

February 4, 1959

JAMES P. MITCHELL, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
v.
GOODYEAR TIRE AND RUBBER COMPANY, DEFENDANT.



The opinion of the court was delivered by: John E. Miller, Chief Judge.

On September 12, 1958, the plaintiff, James P. Mitchell, Secretary of Labor, U.S. Department of Labor, filed his complaint against defendant, Goodyear Tire and Rubber Company, to enjoin the defendant from violating the provisions of Section 15(a)(3) of the Fair Labor Standards Act, 29 U.S.C.A. § 215(a)(3).

Plaintiff alleged that the defendant was engaged in interstate commerce and in the production of goods for interstate commerce; that on or before June 23, 1958, M.C. Cole and other employees of the defendant filed a complaint against defendant with the Secretary of Labor, U.S. Department of Labor, and his duly authorized representative, in which they alleged and claimed that defendant had failed and refused to pay them overtime compensation under Section 7 of the Fair Labor Standards Act, 29 U.S.C.A. § 207; that defendant was then, and at all times material herein, employing the said employees at its place of business in Fort Smith, Arkansas, in procuring, storing, and wholesale distribution of tires and tubes, household appliances and other goods, substantially all of which had been ordered and received from suppliers outside the State of Arkansas, and were being sold, shipped and delivered to points outside the State and were moving in interstate commerce.

That during the period subsequent to on or about June 23, 1958, defendant had violated and was then violating the provisions of Sec. 15(a)(3) of the Act in that it had repeatedly discriminated against and discharged the said M.C. Cole and other employees because they had filed complaints related to the Act, or because they were about to testify in an official investigation or proceeding instituted under the Act.

That the defendant has since the effective date of the Act repeatedly violated the provisions of the Act, and that a judgment enjoining and restraining the violations herein alleged is specifically authorized by Section 17 of the Act, 29 U.S.C.A. § 217.

The prayer of the complaint is (1) that the defendant, its servants, agents, and employees and other persons acting or claiming to act in its behalf and interest be permanently enjoined and restrained from violating the provisions of Sec. 15(a)(3) of the Act; (2) that defendant be ordered to immediately reinstate and reemploy the said M.C. Cole and other employees discharged in violation of Sec. 15(a)(3) of the Act; and (3) that defendant be ordered to pay the said M.C. Cole and all other employees unlawfully discharged for the loss of wages sustained by reason of their discharge in violation of Sec. 15(a)(3).

On September 30, 1958, the defendant filed its answer in which it specifically denied the allegations of the complaint.

The case proceeded to trial to the court without a jury on January 28, 1959, and at the conclusion of the testimony and arguments of counsel for the respective parties, the case was submitted and taken under consideration, and now, having considered the ore tenus testimony of the witnesses with the exhibits to said testimony, the oral arguments of counsel and briefs submitted in support of their respective contentions, the court makes and files herein its formal Findings of Fact and Conclusions of Law.

Findings of Fact

1.

The plaintiff is the Secretary of Labor, U.S. Department of Labor. The defendant is a corporation organized and existing by virtue of the laws of the State of Ohio and is authorized to engage in business in the State of Arkansas, where it maintains an office and wholesale establishment and warehouse in the City of Fort Smith, Arkansas.

2.

At the beginning of the trial the parties through their attorneys filed the following stipulation:

    "That defendant's establishment located at 122
  North 11th Street, Fort Smith, Arkansas, consisting
  of an office, recapping shop and a warehouse,

  is engaged in procuring, storing and wholesale
  distribution of new and used automobiles and truck
  tires and tubes, household appliances and other
  goods.
    "That at all times material to this action and
  subsequent to December 1, 1957, defendant and
  employees of its said establishment have regularly
  each workweek procured, ordered, received and stored
  new and used automobile and truck tires and tubes,
  household appliances and other goods in substantial
  quantities from sources and suppliers located outside
  the State of Arkansas; and have regularly each
  workweek during said period sold, shipped and
  delivered substantial quantities of such goods to
  customers located in the States of Oklahoma and
  Mississippi."

3.

M.C. Cole was first employed in 1951 by defendant as a "tire changer" in and about its place of business in Fort Smith, Arkansas, and continued as such employee until June 25, 1958, with the exception of two years that were spent in the United States Navy.

On June 23, 1958, M.C. Cole and another employee, Leonard L. Embry directed a letter to E.O. Hicks of the Wage and Hour Division, Department of Labor, ...


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.