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PLUMLEY v. SOUTHERN CONTAINER, INC.

No. 01-2747.

303 F.3d 364 (2002)

John PLUMLEY, Plaintiff, Appellant, v. SOUTHERN CONTAINER, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 13, 2002.

Attorney(s) appearing for the Case

Gerald F. Petruccelli, with whom Petruccelli & Martin, LLP, Francis M. Jackson, and Jackson & MacNichol were on brief, for appellant.

Perry S. Heidecker, with whom Joseph M. Labuda, Milman & Heidecker, James R. Erwin, and Pierce Atwood were on brief, for appellee.

Before SELYA, Circuit Judge, GIBSON and GREENBERG, Senior Circuit Judges.

SELYA, Circuit Judge.

This case poses a question of first impression: should compensation awarded for work-hours lost during an employee's successful pursuit of a grievance count as "hours of service" within the meaning of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (1994)? The district court answered this question in the negative and, accordingly, entered judgment in favor of the employer.1 We affirm.

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