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MINIZZA v. STONE CONTAINER CORP.

No. 87-1348.

842 F.2d 1456 (1988)

MINIZZA, Anthony, et al., v. STONE CONTAINER CORP. CORRUGATED CONTAINER DIV. EAST PLANT, Chesapeake Corrugated Co., Owens-Illinois, Inc., Stone Container Corp. West Plant, Stone Container Corp. East Plant, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 28, 1988.

Rehearing and Rehearing Denied April 26, 1988.

Attorney(s) appearing for the Case

Michael L. Banks (argued), Timothy P. O'Reilly, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellants.

Margaret A. Browning (argued), Mariann E. Schick, Spear, Wilderman, Sigmond, Borish, Endy and Silverstein, Philadelphia, Pa., for appellees.

Michael Hamilton, Nashville, Tenn., for United Paperworkers Int'l Union, AFL-CIO, CLC as amicus curiae.

Michael B. Weir, Mark E. Brossman, Donald W. Rose, Ronald Richman, Chadborne & Parke, New York City, for American Paper Institute, Inc. as amicus curiae.

Peter G. Nash, Dixie L. Atwater, Frances C. Moran, Ogletree, Deakins, Nash, Smoak and Stewart, Washington, D.C., Stephen A. Bokat, Paula J. Connelly, Washington, D.C., for Chamber of Commerce of the U.S. as amicus curiae.

Before GIBBONS, Chief Judge, SLOVITER and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 26, 1988.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from an order of the district court, which required that defendant employers' payment of two lump sum amounts, pursuant to the terms of a collective bargaining agreement be included in the "regular rate" for purposes of calculating overtime rates under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. Since...

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