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DESSINGUE v. S. KLEIN DEPT. STORES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


October 27, 1967

Edmond W. Dessingue, Plaintiff
v.
S. Klein Department Stores, Inc. et al., Defendants

Wortendyke, D.J.

The opinion of the court was delivered by: WORTENDYKE

WORTENDYKE, D.J.:

The plaintiff, a resident of New Jersey, filed a complaint in the Law Division of the Superior Court of New Jersey alleging that he is a refrigeration and heating engineer, and was employed on or about January 13, 1964, by the defendant S. Klein Department Stores, Inc. (hereinafter Klein's), a New York corporation authorized to do business in New Jersey, in the capacity of Chief Engineer at its Woodbridge, New Jersey building. Plaintiff further alleges that, during the period December 1, 1963 to June 30, 1964, Klein's was negotiating a collective bargaining agreement with the defendant, International Union of Operating Engineers (hereinafter Union), an unincorporated labor organization doing business in New Jersey. The agreement was executed by the parties on or about June 30, 1964. Plaintiff further alleges that on May 5, 1964 he elected to become a member of the defendant Union, and that his employment position as Chief Engineer was included within the terms of the collective bargaining agreement, which provided for hourly wages, work shifts, overtime, vacations and holiday pay for that position effective retroactively as of December 1, 1963. It is the plaintiff's contention that because of the provisions of the collective bargaining agreement between Klein's and the Union, and its retroactive application to him, he became entitled to overtime, holiday and vacation payments which accrued during the period January 13, 1964 through July 10, 1964, but were unpaid. The items of his claim in that respect are stated as follows: 581 hrs. at $7.50 $ 4,357.50 Holiday pay (Memorial and Independence Day) 80.16 One week vacation pay 200.40 Total $ 4,638.06

19671027

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