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Robbins v. McDonnell Douglas Corp.9/19/2000
Douglas Robbins and Thomas Shelor ("Employees") appeal the summary judgment entered in favor of Defendants McDonnell Douglas Corporation ("MDC") and McDonnell Douglas Technical Services Company ("MDTSC") (collectively, "Defendants") in their action alleging breach of contract. We reverse and remand.
The material facts are not in dispute. In the early 1990's, MDC laid off about 25% of its workers in the St. Louis area. Shortly thereafter, the Equal Employment Opportunity Commission ("EEOC") filed suit in federal court alleging that, in implementing this force reduction, MDC had unlawfully discriminated against employees who were age 55 or older in violation of the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et. seq. MDC and the EEOC ultimately settled that suit by agreeing to a Consent Decree which required MDC to rehire about 200 former employees, either directly or through its subsidiary, MDTSC. The Consent Decree further required, inter alia, that MDC offer the affected employees employment with either MDC or MDTSC for a guaranteed term of at least 4 years with a salary at least equal to their last salary with MDC.
Employees are two of approximately 200 workers who were offered contracts of reemployment pursuant to the terms of the Decree. The contracts, which are essentially identical except for the rate of hourly compensation, provide in pertinent part:
CONTRACT LABOR EMPLOYMENT AGREEMENT - CONSENT DECREE
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between [Name] ("Employee", "YOU", "YOUR") and McDonnell Douglas Technical Services Company ("MDTSC," "WE", "OUR", "US"). In consideration of the mutual promises herein, the parties hereto agree as follows:
1. Duties and Responsibilities. MDTSC desires to employ YOU and YOU desire to be employed by MDTSC for the purpose of providing temporary technical services to MDTSC's client, [Named MDC Division] ("CLIENT").
2. Term. The term of this Agreement shall be a minimum of four (4) years, measured from YOUR start date, or until terminated as provided for in Paragraph 9.
3. Offered Work. During the term of this agreement YOU will be offered at least forty (40) hours of work each week. Offered work notwithstanding, YOU will be paid only for time actually worked.
4. Base Compensation. In consideration of the services which YOU render under this agreement, WE will pay YOU as described below. Except as specified in Paragraph 3 following, WE will pay YOU only for time worked as evidenced by a timecard signed by YOU and an authorized CLIENT representative.
$[Amount] for each of the first 40 hours worked in any workweek ("straight time"). A workweek is Monday through Sunday.
$[Amount] for each hour worked in excess of 40 in any workweek ("overtime").
5. Additional Compensation. Any and all other compensation in addition to the Base Compensation specified in Paragraph 4 above for which YOU are eligible is provided in the Attachments listed following:
Attachment H - Holiday Pay, Attachment V - Vacation Pay
Attachment H - Holiday Pay, provides in pertinent part:
MDTSC celebrates six (6) holidays each year:
-New Years's Day -Labor Day
-Memorial Day -Thanksgiving Day
-Independence Day -Christmas Day
. . . WE will pay YOU Holiday Pay at your straight-time pay rate for each of the above holidays as they occur. . .
If YOU are eligible for Holiday Pay and YOU work on a holiday, YOU will receive regular pay for all hours worked, in addition to Holiday Pay. If a client celebrate
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