Hodgson v. Brookhaven General Hospital, 71-2839.
| Decision Date | 17 November 1972 |
| Docket Number | No. 71-2839.,71-2839. |
| Citation | 470 F.2d 729 |
| Parties | James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. BROOKHAVEN GENERAL HOSPITAL, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Roger H. Broach, Dallas, Tex., for defendant-appellant.
William E. Everheart, Atty., U. S. Dept. of Labor, M. J. Parmenter, Regional Attorney, Dallas, Tex., Peter G. Nash, Solicitor, Dept. of Labor, Bessie Margolin, Carin Ann Clauss, Sylvia S. Ellison, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.
Before GEWIN, COLEMAN and INGRAHAM, Circuit Judges.
This appeal is from the district court's supplemental findings of fact ordered in a prior appeal of this Equal Pay Act, 29 U.S.C.A. § 206(d) (1) (1970) case. The prior appeal, reported at 436 F.2d 719 (5th Cir. 1970), established the law of this case, White v. Murtha, 377 F.2d 428, 431 (5th Cir., 1967), which the district court on remand was bound to follow. Fontainebleau Hotel Corp. v. Crossman, 286 F.2d 926 (5th Cir., 1961). The prior opinion of this court, authored by Judge Ainsworth, controls this case. Brookhaven's attempt to relitigate points raised by the first appeal must, therefore, fail.
The issues on this appeal are whether the district court properly limited its inquiry on remand to the equality of "effort" involved in the duties respectively performed by aides and orderlies at Brookhaven General Hospital; whether the paid differentials were justifiable in terms of the exceptions enumerated in 29 U.S.C.A. § 206(d); and whether the district court was clearly erroneous in finding that the Secretary had sustained his burden of showing that the effort entailed was substantially equal. F.R.Civ.P. 52(a).
We conclude that the district court's findings complied with our prior mandate and are not clearly erroneous. We consequently affirm.
Contrary to the Secretary's aspiration toward a per se rule of equality, the developing law of remunerative equality between aides and orderlies has become a question of fact to be determined on a case by case basis. As this court's recent decision in Hodgson v. Golden Isles Convalescent Homes, Inc., 468 F.2d 1256 (1972) 1972 states:
An evidentiary review of the district court's evaluation of Brookhaven's staff structure and policy, reported (...
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...appeal control trial court and appellate court, except as to clearly erroneous legal decision). See also Hodgson v. Brookhaven General Hospital, 470 F.2d 729, 730 (5th Cir. 1972) (prior appeal established law of the case which district court, on remand, bound to follow); Gulf Coast Building......
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...affecting interstate commerce. Hodgson v. Brookhaven General Hospital, 436 F.2d 719 (5th Cir.1970), appeal after remand 470 F.2d 729 (5th Cir.1972), teaches us that the provisions of the Civil Rights Act of 1964 and that of the subject act are interrelated and must be harmonized. Thus, it a......
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...sub nom. Hodgson v. Brookhaven General Hospital, 436 F.2d 719 (5th Cir. 1970), on remand 20 W.H. Cases 54 (E.D.Tex.1971), aff'd, 470 F.2d 729 (5th Cir. 1972). We conclude, therefore, that the orderlies' pay differential cannot be justified on the basis of the occasional extra work involved ......
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Summary Judgment Practice
...circumstances involved in the job positions to determine if the jobs are, in fact, equal under the EPA. Hodgson v. Brookhaven Gen. Hosp. , 470 F.2d 729 (5th Cir. 1972); Lenihan , 994 F. Supp. at 799. The standard of equal work is not met if the jobs are merely comparable. Lenihan , 994 F. S......
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Table of cases
...1990, writ denied), §31:2.B.1 Hodge v. Texaco, Inc ., 975 F.2d 1093 (5th Cir. 1992), §28:5.C.1.b Hodgson v. Brookhaven Gen. Hosp. , 470 F.2d 729 (5th Cir. 1972), §§19:3.C, 41:6 Hodgson v. Penn Packing Co. , 335 F. Supp. 1015 (E.D. Pa. 1971), §9:3.D.3 Hofer v. Lavender , 679 S.W.2d 470 (Tex.......
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Summary Judgment Practice
...circumstances involved in the job positions to determine if the jobs are, in fact, equal under the EPA. Hodgson v. Brookhaven Gen. Hosp. , 470 F.2d 729 (5th Cir. 1972); Lenihan , 994 F. Supp. at 799. The standard of equal work is not met if the jobs are merely comparable. Lenihan , 994 F. S......
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Table of cases
...1990, writ denied), §31:2.B.1 Hodge v. Texaco, Inc ., 975 F.2d 1093 (5th Cir. 1992), §28:5.C.1.b Hodgson v. Brookhaven Gen. Hosp. , 470 F.2d 729 (5th Cir. 1972), §§19:3.C, 41:6 Hodgson v. Penn Packing Co. , 335 F. Supp. 1015 (E.D. Pa. 1971), §9:3.D.3 Hofer v. Lavender , 679 S.W.2d 470 (Tex.......