Daugherty v. Continental Can Co.

226 Pa. Super. 342
CourtSuperior Court of Pennsylvania
DecidedDecember 11, 1973
DocketAppeals, Nos. 315 and 316
StatusPublished
Cited by9 cases

This text of 226 Pa. Super. 342 (Daugherty v. Continental Can Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daugherty v. Continental Can Co., 226 Pa. Super. 342 (Pa. Ct. App. 1973).

Opinion

Opinion by

Spaeth, J.,

This is an appeal from orders granting a compulsory nonsuit in two assumpsit actions. Appellants (plaintiffs below) are fifty-seven men a.nd women who were employed by appellee, the Continental Can Co., [344]*344Inc. (hereinafter “Continental”), at its Hazel-Atlas Glass Division in Washington, Pennsylvania, from May 1962 until February 1964, when Continental sold its business. Appellants are seeking back wages, an equal amount in liquidated damages, and other sums allegedly due them under the Equal Pay Law, Act of Dec. 17, 1959, P. L. 1913, §1, 43 P.S. §336.1 et seq., as amended by the Act of July 31, 1968, P. L. 869, No. 262, §1, 43 P.S. §336.3 et seq. (Supp. 1973), which in pertinent part read as follows: “No employer shall discriminate in any place of employment between employes on the basis of sex by paying wages to any employe at a rate less than the rate at which he pays wages to employes of the opposite sex for work under comparable conditions on jobs the performance of which requires comparable skills, except where such payment is made pursuant to a seniority training or merit increase system which does not discriminate on the basis of sex.” §3, 43 P.S. §336.3.

If appellants’ claims are to be understood, some background must be stated. Under the terms of a collective bargaining agreement between Continental and appellants’ duly recognized bargaining agent, the Glass Bottle Blowers Association of the United States and Canada (hereinafter “the Union”), selector-packers were paid at a base hourly rate of $1,965 if they were men, but $1.77 an hour if they were women; the men also received more per hour in bonus pay than the women. Because of this disparity, in 1960 some of the female employees filed an action under the Equal Pay Law in the Court of Common Pleas of Washington County. The lower court sustained Continental’s preliminary objection on the ground that, since the Union represented both male and female employees, the collective bargaining agreement constituted a waiver of the plaintiffs’ rights under the Equal Pay Law. This court affirmed. Stollar v. Continental Can Co., Inc., 197 Pa. [345]*345Superior Ct. 15, 176 A. 2d 699 (1961) (Montgomery, J., joined by Flood, J., dissenting). The Supreme Court reversed and remanded for further proceedings. Stollar v. Continental Can Co., Inc., 407 Pa. 264, 180 A. 2d 71 (1962).1

By memorandum dated March 13, 1902, effective May 1, 1962, the Union entered into an agreement providing for the discontinuance of bonus plans and of all male classifications that duplicated female classifications. Thus, male selector-packers were classified the same, and received the same lower rate of pay, as female selector-packers. In addition, Continental offered to all employees whose bonus plans had been abolished an added 10%(5 per hour on the condition that the employee sign a waiver of any and all claims he or she might have under the Equal Bay Law.2 As a result, the [346]*346maximum wage rate for selector-packers was a uniform |1.875 per hour.

The actions now before this court were filed on March 4, 1968. Each proceeds on the theory that an employer who has been guilty of wage discrimination cannot bring himself into compliance with the Equal Pay Law by reducing the wage rate of the group that he formerly favored or by paying both groups at some in-between rate; rather he must increase the wage rate of the group that he has discriminated against, making it.the same as the rate at which he paid the favored group. Because the statute provides that “[a]ny action pursuant to the provisions of this act must be brought within one year from the date upon which the violation complained of occurs,” §5(b), 43 P.S. §386.5(b), the actions relate only to the period from March 5, 1962, through March 4, 1963. They were submitted together, on the pleadings and stipulated facts. The trial judge granted Continental’s motions for compulsory nonsuit and denied appellants’ request to amend their complaints to include violations occuring after May 1, 1968. A court en bane affirmed.

Because we find that the lower court properly granted Continental’s motions for compulsory nonsuit, we do not reach the question whether appellants should have been permitted to amend their complaints.

Appellants place heavy emphasis on the goals that equal pay legislation might have. Among the possible goals the following four seem to be the most prominent: to end wage discrimination practiced against female employees performing tasks comparable to those per[347]*347formed !>,y male employees; to improve the financial stains of female employees by assuring tbem salaries equal to those paid male employees performing comparable tasks; to strengthen the job security of male employees who face the threat of replacement by lower paid female employees; and to improve the financial condition of male employees who, faced with competition from lower paid female employees, accept lower wages for themselves.3 With the identification of these [348]*348goals, appellants reason as follows: To permit an employer to lower the wages paid to males as a means of ending a wage pattern that discriminated against females ends the discrimination hy wiping out any disparity between the wages paid males and females, but it does not improve the economic lot of the females, and it puts the males in a worse financial position than before. Paying a sum somewhere between that formerly paid males and that formerly paid females is of some benefit to the females, but not to the males. If an employer were required to raise the salaries of the females, however, all four of the goals would be accomplished.

One difficulty with this argument is that it ignores the fact that there is no provision in the Equal Pay Law that to comply with the statute an employer must raise the wages paid female employees against whom he has discriminated, and we cannot add “a requirement which the legislature did not see fit to include.” Commonwealth v. Rieck Inv. Corp., 419 Pa. 52, 60, 213 A. 2d 277, 282 (1965). See also Hochgertel v. Canada Dry Corp., 409 Pa. 610, 187 A. 2d 575 (1963); Olyphant Borough School District v. American Surety Co., 322 Pa. 22, 184 A. 758 (1936).

Nor is there any ambiguous language in the statute that provides an excuse for reading into it a requirement such as appellants advance. The Equal Pay Law is violated when an employer “discriminate [s] ... by paying wages to any employe at a rate less than the rate at which he pays wages to employes of the opposite sex” for comparable work. After Continental lowered the wages paid its male employees, it was no longer acting in violation of the statute. The words of the statute leave no doubt about that; they are free from obscurity and ambiguity and are incapable of two or more meanings. If it were otherwise, we would be required to rely on legislative intent in choosing among [349]*349the possible meanings. See Philadelphia, v. Schaller, 148 Pa. Superior Ct. 276, 281, 25 A. 2d 406, 409 (1942). In the absence of ambiguity, however, we have no occasion to be concerned with legislative intent. It is an established rule of statutory construction that “ [w] hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa. S. §1921 (1973).

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226 Pa. Super. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daugherty-v-continental-can-co-pasuperct-1973.