Waters

Action to recover difference between wages paid plaintiff and amounts payable under collective bargaining agreement.

Although the facts are not in dispute the parties are poles apart as to the applicable rules of law to the facts hereinafter set forth.

Leslie L. Waters (plaintiff herein), a member of The International Brotherhood of Teamsters, Chauffeurs, Ware-housemen & Helpers of America, was employed by San Dimas Ready Mix Concrete (defendant herein) from February 1956 to February 1960, as a driver of concrete mix trucks. During the period of this employment defendant had entered into two collective bargaining agreements with The International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. The first agreement was in force from October 1, 1955, to September 30, 1958; and the second was in force from October 1, 1958, until September 30, 1961. The collective bargaining agreements provided, among other things, that employees would be paid time and one-half straight time for all work performed in excess of eight hours in any one day or in excess of forty hours in any week, whichever was the greater.

Defendant employed an average of eight truck drivers.…