Peter J. Brennan, Secretary of Labor, United States Department of Labor, in No. 76-2014 v. Western Union Telegraph Co., in No. 76-2015

OPINION OF THE COURT

SEITZ, Chief Judge.

This case raises the question of whether employees normally exempt from the maximum hours provisions of the Fair Labor Standards Act because they function in executive, administrative or professional capacities are subject to these provisions during a strike period in which they take over the functions normally performed by rank and file employees. The district court held that the executive employees are exempt, but concluded that the administrative and professional employees who work more than 40 hours per week must be paid one and one-half times their…