L. Mets Lerwill, Charles M. Perry, for Themselves and on Behalf of All Employees of Inflight Motion Pictures, Inc. v. Inflight Motion Pictures, Inc.

Relying on section 301 of the Labor Management Relations Act, two technicians covered by a collective bargaining agreement brought this class action against their employer to recover overtime pay as provided in the agreement and required by the Fair Labor Standards Act. The trial court held that the class action was properly maintained and that the class was entitled to the overtime pay, plus interest. On appeal the employer challenges the right of the employees to bring the class action under section 301 and further contends that the Union and a majority of the affected employees waived the overtime pay provisions of the bargaining agreement. We affirm.

The employer, Inflight Services, Inc., provides film and projectors for motion pictures shown on commercial airlines. As a part of its service, Inflight employs technicians to put the projectors in place, thread the film, and service the other equipment used to show movies to passenger audiences.

During the relevant period, January 1, 1967 through December 31,1969, the technicians who performed these services for Inflight were covered by a collective bargaining agreement between Inflight and the International Alliance of…