After starting work at the Enlow Fork Mine, Consol determined that the parking lot nearest to the mine's bathhouse could no longer be used by GMS employees. Bonds stated that he and other GMS miners were required to attend pre-shift safety meetings. Bonds was hired as hourly worker to work shifts, designated in 8 hour increments. He received a "verbal" but not written offer of employment with GMS. After filling out an on-line application, he attended an interview at a GMS work trailer in Waynesburg, Pennsylvania. Bonds, the class representative, described the hiring process with GMS.
#Gms mine repair trial
Much of the trial evidence consisted of testimony of class members Joseph Bonds, Luke Horvath, Shane Baker, Joshua Wade, Timothy Cramer and Joshua Roth, all of whom worked for GMS at Consol Enlow Fork Mine. On March 28, 2018, the Pennsylvania Superior Court refused to grant GMS' interlocutory appeal.įollowing jury selection on September 17, 2018, the parties proceeded to trial between September 24 through 26, 2018. The issue certified was whether the pre-shift and post-shift activities in this case constituted compensable "work" under the PMWA. On February 5, 2018, this trial court granted GMS' motion to certify for interlocutory appeal pursuant to 42 Pa.C.S. In a well-reasoned opinion that reflected a clear understanding of the principles of federalism, Judge Faldowski concluded that PMWA claim did not fail "simply because the FLSA claim has already been disposed of by the federal court." Citing the published opinions of multiple ederal istrict ourt udges, Judge Faldowski noted that the PMWA provides more protection for employees than the FLSA, which was intended to "establish a national floor under which wage protections cannot drop." On December 12, 2017, Judge Faldowski denied GMS' summary judgment motion. Damon Faldowski granted motion for class certification. On November 18, 2015, filed a econd mended omplaint asserting claims that included: breach of contract unjust enrichment and violations of the Pennsylvania Minimum Wage Act (PMWA) for which they sought relief under the Pennsylvania Wage Payment and Collection Law (WPCL). On October 1, 2015, this matter was transferred to the Court of Common Pleas of Washington County. Judge McVerry declined to exercise supplemental jurisdiction over the state law claims. Also, Judge McVerry denied both the motion for class certification pursuant to FRCP 23 and GMS' motion for decertification of a conditionally certified collective action.
Judge McVerry denied summary judgment as to the state related claims. Judge McVerry granted summary judgment as to claim of a violation of the ederal Fair Labor Standards Act (FLSA).
McVerry partially granted GMS' motion for summary judgment.
25 months later (), after substantial pre-trial litigation, Senior District Judge Terrence F. On August 23, 2013, a class action complaint identifying Joseph Bonds as an individual plaintiff was filed in Federal Court in the Western District of Pennsylvania. We take the underlying facts and procedural history from our review of the certified record and the trial court's Augopinion. Bonds, individually and on behalf of all others similarly situated ("the class") (plaintiffs below), in the Court of Common Pleas of Washington County. ("GMS") (defendant below), appeals from the judgment 1 entered on August 9, 2019, in favor of appellees, Joseph A. GMS MINE REPAIR & MAINTENANCE, INC., AppellantĪppellant, GMS Mine Repair & Maintenance, Inc. BONDS, Individually and on Behalf of All Others Similarly Situated
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