Fudula v. Keystone Wire & Iron Works, Inc.

SPAETH, Judge:

This is an appeal from a final decree in equity directing the retroactive reinstatement of appellee in a profit sharing and retirement plan.

Appellee, John Fudula, began working for appellant Keystone Wire & Iron Works, Inc., in 1945 as a foreman. As a foreman, appellee was in a supervisory position, and by 1955 he began to be paid on a salaried basis. However, at the request of Robert Robinson, who was Keystone’s president and chief stockholder, and appellee’s close friend, appellee continued to be a member of the Ironworkers Union. In 1959 Keystone established an IRS-qualified…