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SHULTZ v. WHEATON GLASS COMPANY

No. 17517.

421 F.2d 259 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Appellant, v. WHEATON GLASS COMPANY, a Corporation.

United States Court of Appeals Third Circuit.

Reargued December 5, 1969.

Decided January 13, 1970.

As Amended and Rehearing Denied February 13, 1970.

Certiorari Denied May 18, 1970.

Attorney(s) appearing for the Case

Bessie Margolin, U. S. Department of Labor, Washington, D. C. (Laurence H. Silberman, Solicitor of Labor, Harold C. Nystrom, Acting Solicitor of Labor, Carin Ann Clauss, Anastasia T. Dunau, Robert E. Nagle, Attys., Dept. of Labor, Washington, D. C., Francis V. La Ruffa, Regional Solicitor, John A. Hughes, Regional Atty., on the brief), for appellant.

Albert K. Plone, Plone, Tomar, Parks & Seliger, Camden, N. J. (Robert F. O'Brien, Camden, N. J., on the brief), for amicus curiae, Glass Bottle Blowers Assn. of the U. S. and Canada.

Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa. (Harold E. Kohn, David Pittinsky, Marcus Manoff, Philadelphia, Pa., Joseph B. Kauffman, Atlantic City, N. J., on the brief), for appellee.

Before FREEDMAN, SEITZ and ALDISERT, Circuit Judges.

Certiorari Denied May 18, 1970. See 90 S.Ct. 1696.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This appeal presents important problems in the construction of the Equal Pay Act of 1963 (29 U.S.C. § 206(d)), which was added as an amendment to the Fair Labor Standards Act of 1938 (29 U.S.C. §§ 201 et seq.).

The Equal Pay Act prohibits an employer from discriminating "between employees on the basis of sex by paying wages to employees...

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