169 F. Supp. 523 | Ct. Cl. | 1959
delivered the opinion of the court:
In an earlier decision in this case, 138 C. Cls. 459, we held that all of the plaintiffs, some 86 in number, pilots employed by the Panama Canal, were “wage board” employees within the meaning of section 203 of the Federal Employees Pay Act of 1945, 59 Stat. 297. Before that decision they had been regarded as not covered by any particular pay statute, and their wages had been fixed by the Governor of the Canal, who in some respects used the standards of compensation applicable to employees of the Government covered by the Classification Act.
This court held that the pilots, being wage board employees, should have been paid overtime at section 203 rates. The Government contended that if the plaintiffs were to have the benefits of being wage board employees, they must permit their wages to be recomputed by section 203 standards for all purposes. They must credit the Government with the section 201 overtime pay, though inadequate, which they had in fact received, and must give back the night differential which they had received under section 301 but were not entitled to under section 203.
The cases of all of the plaintiffs except one have been settled.
We do not know, of course, what material and what arguments were presented to the District Court. On the basis
The plaintiff’s motion for summary judgment on defendant’s counterclaim is denied. The defendant’s motion for summary judgment on the issues raised by its counterclaim is granted. Judgment is entered for the plaintiff C. S. Townshend (88) in the sum of $825.07.
It is so ordered.
The present motions are directed only to the plaintiff C. S. Townshend (88). This opinion relates only to him.