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BARBAGALLO v. GMC

March 22, 1993

THOMAS L. BARBAGALLO, individually and on behalf of all other persons similarly situated, Plaintiffs,
v.
GENERAL MOTORS CORPORATION, Defendant.



The opinion of the court was delivered by: MARY JOHNSON LOWE

 MARY JOHNSON LOWE, D.J.

 Before this Court is the motion, dated February 14, 1991, of defendant General Motors Corporation ("GM"), for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, GM's motion is granted.

 BACKGROUND

 From September 1, 1986 to December 31, 1987, GM implemented a Special Separation Program ("the Program") in an effort to economize its labor expenditures. Details of the Program appear in an employee handbook entitled "Your GM Benefits: A Handbook for Salaried Employees in the United States," Krause Aff. Ex. B, and in internal memoranda. Krause Aff. Exs. A, D. Barbagallo does not dispute that these documents accurately represent the structure and operation of the Program. As a whole, the Program was intended to induce employees to separate from employment earlier than they otherwise would. The specific incentives applicable for a given employee depended on the employee's age and length of service with GM. Four categories of employees were established. The categories and their corresponding separation incentives essentially are as follows. See Krause Aff. Ex. A at 2-4; Krause Aff. Ex. B at 36-46.

 * Age 60 to 70, with at least 10 years of service:

 
- No substantial change, just encouragement to increase usage of normal retirement program. [Krause Aff. Ex. A at 2].
 
- Lump-sum payment (bonus-eligible employees only). [Krause Aff. Ex. A at 3].

 * Age 55 to 60, with at least 10 years of service:

 
- Early retirement (designated "Special Retirement"). [Krause Aff. Ex. A at 3].
 
- No restriction on outside earnings. [Krause Aff. Ex. A at 2, 3].
 
- Lump-sum payment (bonus-eligible employees only). [Krause Aff. Ex. A at 3].

 * Age 53 to 55, with at least 10 years of service:

 
- Early retirement (designated "Special Leave" and to be re-designated "Special Retirement" at age 55). [Krause Aff. Ex. A at 2-3].
 
- No restriction on outside earnings. [Krause Aff. Ex. A at 3].
 
- Lump-sum payment (bonus-eligible employees only). [Krause ...

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