58 F. Supp. 821 | D. Minnesota | 1945
Oscar Holt brought an action against this defendant seeking to enforce the payment of certain overtime wages growing out of his employment with the defendant company. Recovery was denied because it was held that the defendant was exempt from the Act by reason of the fact that it was engaged in the handling, storing, and processing of agricultural commodities within the meaning of the Act and the regulations promulgated by the Administrator. In view of such disposition, no finding was made as to whether or not the defendant was engaged in interstate commerce. Upon appeal, the Circuit Court of Appeals, following Addison v. Holly Hill Fruit Products, Inc., 322 U.S. 607, 64 S.Ct. 1215, remanded the matter to this Court to be held until the Administrator made a valid determination of the area of production. As yet, the Court’s attention has not been called to any new regulation as to the area of production which may have been promulgated by the Administrator.
Holt began to work for this defendant on a full time basis in 1931. His duties consisted of waiting on the patrons of the elevator. He would accept grain, weigh it, determine its grade, clean and elevate it to the bins, and load it on to the cars. He also did heavy manual work, such as shoveling grain, sweeping out cars, and handling heavy sacks of grain and coal. In addition, he had access to the cash, drew checks from time to time, and when the manager was absent he was in charge of the elevator. Generally speaking, he may be characterized as a trusted employee. On or about November 18, 1942, Holt, together with one William Dahl, began an action against the defendant to recover overtime pay. Shortly before the com
“Sec. 15. (a) After the expiration of one hundred and twenty days from the date of enactment of this Act, it shall be unlawful for any person— * * *
“(3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”
There are two issues to be determined in this proceeding — one of fact and one of law. In that the fact issue must be decided adversely to the Administrator, it may be discussed first, and, in view of such disposition, it is not necessary to express any final view on the law question. The fact problem turns on the question whether the Administrator has sustained the burden of proof, that is, whether by clear and satisfactory proof the Administrator has established that this discharge was unlawful and that by reason thereof he is entitled to the mandatory injunction which he seeks.
Upon a consideration of all of the evidence, it may well be that the defendant was somewhat piqued because Holt and Dahl had instituted the suit for overtime wages under the Fair Labor Standards Act. The exemption provisions of the Act which the Court construed seemed to leave no reasonable doubt as to its applicability to the defendant’s business. It is entirely probable, therefore, that the defendant considered that the claim of Holt and Dahl was without any merit and that it was unnecessarily subjected to the expense and inconvenience of a lawsuit. The officers of the defendant probably assumed that Holt failed to show any gratitude for their loyalty to him in keeping him as an employee for some fifteen years. But notwithstanding such attitude on the part of the defendant, if Holt by his conduct in other respects gave the defendant reasonable grounds for his discharge, there can be no basis for a mandatory injunction. Holt was a trusted employee. He had access to the cash and drew .checks on defendant’s accounts from time to time. It must be recognized that Holt had no right to take the time cards out of the office without the defendant’s permission. Not only did he take his own cards, but also Dahl’s. However one may characterize the offense which was committed, at least it was a covert scheme to obtain evidence and retain it so that it would not be available to the defendant. If these employees were entitled to the benefits of the Act, the time cards would be a most important item of evidence for both parties. They were retained by counsel for Holt and Dahl until they were produced in court many months after they had been abstracted from the office of the defendant. True, there is testimony by Holt that Kieselbach, the manager of defendant’s elevator, asked him
Furthermore, there is another aspect of the fact situation which should stay the hand of a court of equity in respect to the relief requested. Holt met with an accident on July 5, 1943. He received compensation from the insurance company until March 24, 1944, on the basis of total disability. He is now employed by an elevator company at Thief River Falls, Minnesota. On account of the accident, which occurred on July 5, 1943, he cannot do any lifting, that is, heavy lifting. He cannot do any continued sweeping or handling of sacks of coal or grain. He is not able to shovel grain for any length of time if that work requires any heavy exertion. In short, according to his own testimony, he could not fulfill the major part of his duties which his job with defendant demands. Under his present employment at Thief River Falls, he is unable to do any heavy work and is not required to do so. It would be idle to issue a mandatory injunction and require the defendant to reinstate him when it is obvious that he cannot do the work of his former employment. Equity will not require one to do a futile thing. It would indeed be idle to require the defendant to do that which would be a mere gesture.
In view of the disposition of the controversy on the factual issues, it is not necessary for this Court to decide whether a showing of interstate commerce is necessary for the maintenance of an action by the Administrator to restrain violations of Section 15(a) (3).
A mandatory injunction will be denied. Findings of fact and conclusions of law in