TRINITY SERVICES, INC. v. MARSHALL

No. 77-1217.

593 F.2d 1250 (1978)

TRINITY SERVICES, INC., a Florida Corporation, et al., v. F. Ray MARSHALL, Secretary of Labor, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 27, 1978.


Attorney(s) appearing for the Case

Michael F. Hertz, Atty., Dept. of Justice, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Leonard Schaitman, Atty., Dept. of Justice, Donald S. Shire, Associate Sol., and Eric Schwartz, Atty., Dept. of Labor, Washington, D. C., were on the brief, for appellants.

Albert Millar, Jr., Jacksonville, Fla., a member of the bar of Supreme Court of Florida pro hac vice, by special leave of Court with whom Gordon P. MacDougall, Washington, D. C., was on the brief, for appellee, Trinity Services, Inc.

Malcolm A. Goldstein, New York City, with whom Gerald I. Sommer, Washington, D. C., was on the brief, for appellee, Transport Workers Union of America, AFL-CIO, et al.

Asher W. Schwartz, New York City, entered an appearance for appellee, Transport Workers Union of America et al.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and MacKINNON and WILKEY, Circuit Judges.


Opinion for the court filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Senior Circuit Judge LUMBARD.

MacKINNON, Circuit Judge:

The issue in this case is whether severance and seniority provisions are bona fide fringe benefits required to be included in wage determinations issued by the Secretary of Labor pursuant to the Service Contract Act of 1965, 41 U.S.C. § 351 et seq.

I. THE STATUTE

The Service...

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