Hodgson v. Baltimore Regional Joint Board, 71-1728.

Decision Date16 June 1972
Docket NumberNo. 71-1728.,71-1728.
Citation462 F.2d 180
PartiesJames D. HODGSON, Secretary of Labor, United States Department of Labor, Appellee, v. BALTIMORE REGIONAL JOINT BOARD, AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, Appellant.
CourtU.S. Court of Appeals — Fourth Circuit

Bernard W. Rubenstein, Baltimore, Md. (Jacob J. Edelman, Bernard P. Jeweler, and Edelman, Levy, & Rubenstein, Baltimore, Md. on brief), for appellant.

Carin Ann Clauss, Asst. Sol., U. S. Department of Labor (Richard F. Schubert, Solicitor of Labor, Donald S. Shire, Anastasia T. Dunau, Sylvia S. Ellison, Attys., Washington, D. C., and Louis Weiner, Regional Sol., on brief), for appellee.

Before SOBELOFF, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

The Baltimore Regional Joint Board, Amalgamated Clothing Workers of America, AFL-CIO Union prosecutes this appeal from a judgment of the District Court imposing upon it joint and several liability with Sagner, Inc., a clothing manufacturer. The employer discriminated against certain women employees by paying them less than their male counterparts for equivalent work. Sagner finally admitted the discrimination and offered to make restitution. But at the instigation of the appellant Union and in violation of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., the major part of the arrearage due was diverted to increase the pay of another group of employees also represented by the Union.

For reasons sufficiently indicated by the District Court, Hodgson v. Sagner, Inc., 326 F.Supp. 371 (D.Md.1971), we agree that the court was within its general equitable powers in imposing such liability upon the Union. The judgment is therefore

Affirmed.

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    ...See, e. g., Tuma v. American Can Co., 367 F.Supp. 1178 (NJ 1973). Cf. Hodgson v. Sagner, Inc., 326 F.Supp. 371 (Md.1971), aff'd, 462 F.2d 180 (CA 4 1972). The Court of Appeals in this case relied upon the uncertain availability of such a remedy under the Equal Pay Act as a basis for rejecti......
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    ...away. 29 U.S.C. § 206(d) (2);29 Hodgson v. Sagner, Inc., 326 F.Supp. 371 (D.Md.1971), aff'd sub nom., Hodgson v. Baltimore Reg. Joint Bd., 462 F.2d 180 (4th Cir. 1972) (per curiam). Any party invoking intervention under Rule 24(a)(2) must demonstrate, among other things, that his ability to......
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    ...the [Equal Pay Act]." Hodgson v. Sagner, 326 F.Supp. 371, 375 (D.Md.1971), aff'd sub nom. Hodgson v. Baltimore Reg'l Joint Bd. Almalgamated Clothing Workers of America, 462 F.2d 180 (4th Cir.1972). 38. The CBA lists each union position and identifies the position's hourly rate in Appendix A......
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