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O'LEARY v. WESTINGHOUSE ELECTRIC CORPORATION

No. 17174.

408 F.2d 24 (1969)

Thomas E. O'LEARY, and Federation of Westinghouse Independent Salaried Unions v. WESTINGHOUSE ELECTRIC CORPORATION, Appellant.

United States Court of Appeals Third Circuit.

Decided March 6, 1969.

Attorney(s) appearing for the Case

John G. Wayman, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Blair S. McMillin, Pittsburgh, Pa., on the brief), for appellant.

Albert C. Shapira, Pittsburgh, Pa., for appellees.

Before KALODNER, FORMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

In the instant case the appellant Westinghouse Electric Corporation, between December 21 and December 28, 1966, sent notices to five of its employees that they would be laid off for lack of work on December 30, 1966, and paid them two weeks salary from the date of their respective notices.

The layoff notices were sent pursuant to the provisions of Section IX,...

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