WALTERMYER v. ALUMINUM CO. OF AMERICA

No. 86-3156.

804 F.2d 821 (1986)

Kenneth H. WALTERMYER, Appellant, v. ALUMINUM COMPANY OF AMERICA, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 7, 1986.

Rehearing and Rehearing Denied December 1, 1986.


Attorney(s) appearing for the Case

Mary T. Koehmstedt (argued), John F. Cordes, Attys., Appellate Staff, Richard K. Willard, Asst. Atty. Gen., Civ. Div., Dept. of Justice, Washington, D.C., J. Alan Johnson, U.S. Atty., Pittsburgh, Pa., for appellant; George Salem, Sol., John Depenbrock, Associate Sol., William H. Berger, Department of Labor, Washington, D.C., of counsel.

Ralph W. Waechter (argued), Aluminum Company of America, Pittsburgh, Pa., for appellee.

Before WEIS, MANSMANN and HUNTER, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 1, 1986.

OPINION OF THE COURT

WEIS, Circuit Judge.

The question in this case is whether a National Guardsman is entitled to pay from his employer for a holiday that occurs during his leave of absence for the annual two-week military training period. The collective bargaining agreement limited eligibility for holiday pay to individuals who worked during that...

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