Leonard A. Beckley and Hugh Parry, Appeallants v. Leonard E. Teyssier, Teyssier & Teyssier, Inc., a Corporation

The appellants (plaintiffs in the District Court), appeal from an order entered by the District Court pursuant to the provisions of Section 3 of the United States Arbitration Act [ 9 U.S.C. § 3 ], staying a civil action instituted by the plaintiffs to collect from the defendants (appellees herein), allegedly unpaid overtime pay, liquidated damages and attorney fees pending the holding of arbitration proceedings under the terms and provisions of a Collective Bargaining Agreement.

The complaint instituted by the plaintiffs was under the provisions of the Fair Labor Standards Act of 1938, as amended, [ 29 U.S.C. § 203 et seq]. It is alleged in the complaint that the plaintiffs were employed by the defendants as construction carpenters on a construction project whose situs was on San Clemente Island, off the coast of California; that they were employed on a forty hour weekly basis at the rate of $4.10 per hour plus certain subsistence payments, which was the established rate pursuant to a Collective Bargaining Agreement between the defendants and the United Brotherhood of Carpenters and Joiners of America, A.F. of L.-C.I.O.; and that they “performed certain overtime work for which no…