SATTERWHITE v. UNITED PARCEL SERVICE, INC.

No. 73-1166.

496 F.2d 448 (1974)

Richard R. SATTERWHITE, Jr., for himself and in behalf of all other persons similarly situated, Plaintiffs-Appellants, v. UNITED PARCEL SERVICE, INC., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1974.


Attorney(s) appearing for the Case

Philip Hornbein, Jr., Denver, Colo. (Roy O. Goldin, Denver, Colo., on the brief), for plaintiffs-appellants.

Peter H. Holme, Jr., Denver, Colo. (Holme, Roberts & Owen, and Thomas A. Richardson, Denver, Colo., on the brief), for defendant-appellee.

Before BARNES, BREITENSTEIN and BARRETT, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The issue here is whether an employee's right to sue under § 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), for overtime compensation claimed under § 7(a) (1), 29 U.S.C. § 207(a) (1), is foreclosed by prior submission of his claim to final arbitration under the grievance procedure of a collective-bargaining agreement. The trial court granted judgment to the employer. We affirm.

The facts are not...

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