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June 20, 1977

MAMIE CROKER, Eric P. Travis, Chivis Davis, Sr., Robert W. DeBose and Leolin Dockins, Jr., Individually and on behalf of all others similarly situated

The opinion of the court was delivered by: NEWCOMER


 Newcomer, J.

 This class action was brought on behalf of black persons employed by the Vertol Division of the Boeing Company. ("Boeing Vertol" or "Company"). The plaintiffs alleged that the Company had engaged in racially discriminatory employment practices, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Acts of 1866 and 1871, 42 U.S.C. §§ 1981, 1985. The action was bifurcated, and the liability issues were tried beginning on June 30, 1975, and concluding on October 6, 1975. At the outset of the trial, the parties notified the Court that the plaintiffs and the defendant Union (Local No. 1069 of International Union, United Automobile, Aerospace and Agricultural Implement Workers of America) had reached a tentative settlement. The procedures of Rule 23 of the Federal Rules of Civil Procedure are now being implemented with regard to this settlement. Thus, this opinion concerns only the issue of the Company's liability for employment discrimination under the statutes cited above.


 I. Preliminary Facts

 1. The Boeing Company is a corporation organized under the laws of the State of Delaware and doing business in the Commonwealth of Pennsylvania and the City of Philadelphia. Boeing Vertol, a division of the Boeing Company, is an employer engaged in interstate commerce, and maintains facilities in Ridley Township, Delaware County, Pennsylvania.

 2. Plaintiffs Mamie Croker, Eric P. Travis, Chivis Davis, Sr., Robert W. Debose and Leolin Dockins are employed by Boeing Vertol as production and maintenance employees and are all members of the Negro race.

 3. On or before June 19, 1968, plaintiffs Travis, Davis, Debose and Dockins each filed charges with the Equal Employment Opportunity Commission ("EEOC") alleging a violation of their rights by both Boeing Vertol and the Union under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiffs Travis, Davis, Debose and Dockins were notified on December 21, 1971, of their right to bring suit in a United States District Court, and on January 11, 1972, they intervened as individual plaintiffs in this action.

 4. On or about October 2, 1968, plaintiff Croker filed a charge with the EEOC alleging a violation of her rights by both Boeing Vertol and the Union under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. By letter dated August 6, 1971, the EEOC notified Ms. Croker that she was entitled to bring suit in a United States District Court, and she filed this action on September 2, 1971.

 II. History and Description of Boeing Vertol

 5. In March of 1960, the Boeing Company acquired the Vertol Aircraft Corporation, a company engaged in manufacturing helicopter aircraft. Since its acquisition by Boeing, Boeing Vertol has been primarily a helicopter manufacturer, with nearly all its output being purchased by the United States Department of Defense.

 6. As a major government contractor, Boeing Vertol has had to comply with nondiscrimination and affirmative action requirements. See 41 C.F.R. § 60-1 et seq. Boeing Vertol has been subject to annual audits of its employment practices and employment statistics by the Office of Federal Contract Compliance, ("OFCC"). The OFCC has never determined that Boeing Vertol should be prevented from obtaining government contracts.

 7. Boeing Vertol has always had to compete with other helicopter manufacturers for defense contracts. In order to obtain contracts, the company must maintain quality and meet delivery schedules.

 8. Quality is important because failure of a critical part may result in a crash. To ensure that there are no defects in workmanship, nearly ten percent of Boeing Vertol's manufacturing workforce is devoted to inspection. In addition, the overall skill and experience of the workforce is important.

 9. Boeing Vertol's inability to meet delivery schedules has resulted in lost business in the past. Consequently, the constant need to meet schedules is a very important consideration in Boeing Vertol's production program.

 10. Boeing Vertol, like other firms, must maintain reasonable costs to meet competition. Cost control requires that only essential production man-hours be used in the production process.

 11. Boeing Vertol's efforts to maintain quality, schedules, and costs have affected its employment practices. Thus, Boeing Vertol normally hires employees for specific job openings, and whenever possible, it hires people of proven skill and experience. Boeing Vertol also has developed employment structures designed to accommodate varying production schedules and manpower needs.

 12. The fact that nearly all of Boeing Vertol's business is with the Defense Department has caused fluctuations in the size of its workforce depending on the demands of national defense. Thus, Boeing Vertol employed less than 2500 persons in 1960, and approximately 12,500 in 1967. Total employment subsequently declined to approximately 5,200 by the end of 1972, and may be even lower at the present time. Varying Defense Department demands also have caused a great deal of employee movement within the plant as employees are hired, promoted, layed off or transferred. Because a great number of employees were hired between 1960 and 1963 and during late 1965 and 1966, these early years to a great extent determined the employment picture at Boeing Vertol until the present time.

 13. The helicopter aerospace industry requires the services of scientists, engineers, finance personnel, computer and data processing staffs, and other skilled employees. Nearly two-thirds of the workforce consists of highly skilled employees.

 14. For payroll administrative purposes, Boeing Vertol divides its workforce into five groups: general salary employees, production and maintenance employees ("P & M") (represented by the Union), guards and firemen (represented by separate unions), management, and other exempt salary employees. On the basis of functions, Boeing Vertol's workforce can be divided into three broad areas: Manufacturing, Engineering and Other (professional, office clerical and service). These broad areas are further divided on the basis of various major and minor functions. In addition, employees are divided into labor grades by rate of pay. The 13 P & M labor grades represent a specific rate of pay, while labor grades for other employees represent a range of pay.

 15. Engineering accounts for about twenty percent of Boeing Vertol's employees. This category includes engineering specialties, such as aeronautical, mechanical, and electrical engineering, and also employees in other scientific areas, such as physics and chemistry.

 16. Manufacturing covers about sixty percent of the jobs at Boeing Vertol, and consists of all P & M jobs that are directly related to the actual manufacture of helicopters, including production and maintenance supervisors.

 17. The remaining category of jobs ("Other") includes a variety of occupations ranging from traditional clerical positions to professional jobs. All of the jobs in this category are non-Engineering and are not subject to the collective bargaining agreement between the Company and the Union.

 18. P & M jobs are by far the largest group within manufacturing, constituting between forty and fifty percent of Boeing Vertol's total employees. P & M employees have been covered by collective bargaining agreements between the Union and Boeing Vertol or its predecessors since 1956. Under the terms of the present agreement, there are more than 200 different job classifications, each of which has a labor grade assigned to it.

 19. Job classifications are grouped into job occupations, which include both "A" and "B" classifications carrying different labor grades for the same occupation. Job classifications are also grouped into 61 job families on the basis of common functional skills. Some job classifications appear in more than one job family, and an employee in such a classification has promotional rights in all the job families in which his classification appears. The job family structure was introduced in 1956, and has been continued through all collective bargaining agreements since that time. The job families are divided between a manufacturing seniority unit and an inspection seniority unit. This separation reflects the independence of the quality control jobs, although there is no special reason for maintaining the separation. Openings in inspection jobs usually are filled by employees from the manufacturing unit rather than new hires. A job family structure such as the one at Boeing Vertol is the usual method of organizing P & M workers throughout the aerospace industry.

 20. Learners are persons hired as P & M employees to train for a particular job classification. Learners receive a special rate of pay which progresses upward to the assigned rate for that job classification. At the end of a prescribed progression period, a learner must be promoted to the job for which he has been training, unless he has been terminated. A learner can be promoted by his supervisor before the end of this progression period, although there are no written standards concerning such promotions. Employment of learners is limited by the need to maintain quality control. Large numbers of learners can be hired only when production levels are sufficiently high to permit work to be broken down into simple functions.

 21. A leadman is a P & M employee within one of the usual job classifications, who is paid an additional ten or fifteen cents per hour to perform some extra duties. Leadmen are selected by the first level supervisors. Although there are no written standards governing the selection process, the Company's description of the leadman position requires five or more years in the occupation. Supervisors exercise their own discretion in selecting leadmen, and seniority is not a factor.

 22. Boeing Vertol's production units are organized on the basis of shops, with groups of shops forming a shop unit. Shops are headed by first-level supervisors, with general foremen above them, and superintendents above the general foremen. Sometimes a unit chief or manager is above the superintendent.

 III. Hiring Procedures

 23. Boeing Vertol exercises its own discretion in hiring new employees, since the hiring process is not controlled by any collective bargaining agreement. All persons are required to fill out applications before they are hired. Persons hired can be divided into "new hires" (persons who have never before been employed by Boeing Vertol) and "rehires" (persons who previously have been employed by the Company).

 24. When a person is hired he receives a "company service date" based on his date of hire. Company service dates are adjusted upwards to reflect any time the person was off the payroll, and they are based on an employee's most recent date of hire, even if the employee is a rehire. Similarly, seniority dates for P & M employees are based on the date of an employee's most recent hire. Although company service dates are adjusted upwards for the time an employee is on layoff, P & M seniority dates are adjusted only for time in which an employee does not accrue seniority. Since P & M employees accrue seniority while on layoff, an employee's seniority date can differ from his adjusted company service date. Under the collective bargaining agreement, a person who is rehired is treated as if he were a new hire, since he gets no credit for past service with the company. Employees who are laid off retain recall rights for a certain period of time. If an employee is recalled during this time, he is not a rehire, but simply a recalled employee. In other words, he retains his former seniority date.

 25. If a job opening at Boeing Vertol is not filled by a present employee, a requisition notice is sent to the employment office. The requisition notice, especially for non-P & M jobs, sets forth the job requirements and qualifications as determined by the supervisor. For P & M jobs, written job descriptions for every job classification already exist and they establish the training and experience requirements for each job. Until 1973, a supervisor could name on the requisition notice a suggested candidate for a vacancy. One reason for discontinuing this practice was its potential for bias against minorities.

 26. In order to fill job vacancies, Boeing Vertol sometimes placed newspaper advertisements for particular job classifications. These advertisements usually stated a specific number of years of prior experience as a requirement for employment.

 27. Persons who come in to the employment office are advised by a receptionist of any job openings that might fit their background. Some of these persons then are interviewed by personnel interviewers in the employment office, who review their applications and advise them of job openings related to their qualifications. Other persons may not be interviewed and may not even file applications, since they may leave if the receptionist tells them there are no openings to fit their qualifications.

 28. The Company keeps employment applications on file for at least one year, and these applications are supposed to be considered for any job openings within a year following the date of application. In practice the evidence showed that most positions are filled by persons who applied within a few days of the date they are hired.

 29. The employment office refers applicants to the supervisor who has the job opening, and the supervisor normally makes the actual decision as to who will be hired, after interviewing the candidates. In making this decision, line supervisors essentially rely on their own subjective judgment.

 30. An employee is placed into a particular job family on the basis of the job classification he is hired into. Most applicants specify a particular job or occupation in their application for employment, and most new employees receive that job choice. However, a particular job choice may be specified only because the interviewer or receptionist told the applicant that that job was available.

  31. Testing has never been an important factor in determining who will be hired at Boeing Vertol. Testing for P & M jobs was discontinued in 1962. Other written testing was discontinued in 1968 because an internal company study indicated that the tests might not be accurate and might adversely affect minorities, and the Company could not justify the expense of validating the tests.

 32. An internal company study conducted in 1973 concluded that there was inadequate documentation to evaluate the performance of line supervisors in matching an applicant's qualifications to job requirements.

 33. No validation studies have been performed on the Company's P & M job descriptions, experience requirements, selection criteria or methods, or any employment tests.

 IV. Promotion and Transfer Procedures

 34. For P & M employees, promotion and transfer is controlled by the collective bargaining agreement between the Company and the Union. When a job opening occurs in any job classification, employees who have a right to the job must be considered first. This category includes employees who previously have been bumped out of the job and employees who are on layoff but still have recall rights. If there are no employees in this category, then persons must be considered for the opening in the following order: (1) employees in a lower job classification within the same job occupation; (2) employees in the next lower job classification within the same job family, with employees in each job classification separately considered before those in a lower job classification are considered; (3) employees who have filed written promotion requests; (4) employees who have filed written lateral transfer requests; (5) new hires. Within each category, employees are considered in an order based on plant-wide seniority. Employees in the lower ranking groups will not be considered at all once the available openings have been filled.

 35. Employees outside the job family where the vacancy occurs are not considered unless they previously have filed promotion or transfer requests. A written promotion request can only be filed for a job classification with a higher labor grade in a different job family. A lateral transfer request can only be filed for a job classification with an equal labor grade in a different job family. A transfer request is not considered until ten days after it is filed. Since February, 1973 P & M employees also can request transfer to a lower graded job in a different job family. Both promotion requests and lateral transfer requests are valid for one year, although they may be refiled when they expire. Before 1968, an employee could have only two requests of each type pending at any time. Since 1968, an employee can have four requests of each type pending at any time. A promotion request becomes void if an employee's status changes so that transfer to the requested job would not give the employee a higher labor grade. Similarly, a promotion to a higher labor grade or the granting of one transfer request voids any other pending lateral transfer requests. After a promotion review list has been issued for a particular job vacancy, no new promotion or lateral transfer requests are considered for that vacancy. Because there may have been a problem with supervisors failing to file promotion and transfer cards for employees, in November of 1968 procedures were changed to provide that a copy of the request be returned to the employee after filing. An advantage of the Company's promotion and transfer policies is that employees can be considered for P & M positions when a vacancy occurs, without having to continually check job postings to determine if a vacancy exists.

 36. Job vacancies are not posted at Boeing Vertol, although the Union has always requested job posting. Nevertheless, some employees may learn of vacancies from supervisors or through the grapevine and so be able to file a promotion or transfer request for a particular opening.

  37. The general procedure when a job vacancy occurs is for the first level supervisor to notify the manpower control office. That office then issues a promotion review list setting forth in sequence the groups of employees who are to be considered for that job. Usually, the supervisor reviews the promotion review list and makes the selection. The supervisor's choice depends primarily on his own subjective judgment. After the supervisor makes his selection, he returns the marked up promotion review list to the manpower control office, which processes the changes.

 38. In making a selection, the supervisor rates the employees within a group on their interest and qualifications for the job. The supervisor's selection is based on his knowledge of the employee and the requirements of the job to be filled. According to the collective bargaining agreement, a P & M opening is to be filled on the basis of skill and ability, with seniority being given full consideration and prevailing when skill and ability are equal. Since a person with less seniority may have more skill and ability, the most senior employee in the group being considered should not always be selected, even if he has the basic qualifications. In most cases, however, the most senior employee is selected.

 39. Although the supervisors have a great deal of discretion in filling vacancies, certain restraints are built into the system. A first-line supervisor is accountable if his unit fails to meet production demands. Consequently, it is in his interest to see that the best employees are promoted. Supervisors may have to justify their promotion decisions to employees who were passed over, and other employees. In addition, foremen and general foremen also have to justify their promotion and transfer decisions to the Labor Relations office and the Human Relations office if a grievance is filed. When a grievance is filed, a Labor Relations representative reviews with the supervisor his reasons for denying the promotion, and attempts to insure that the right employee is promoted. The Company is motivated to monitor the promotion process carefully, because it can be liable for an award of back pay if the wrong person is promoted.

 40. The Company performed a study of all promotion review lists used in 1972. In that year, 115 employees (11 blacks, 104 whites) were promoted. 28 employees (6 blacks, 22 whites) were passed over as not interested, and 9 employees (all white) with more seniority were passed over because their supervisors rated them as insufficiently qualified.

 41. A P & M employee can change job families only by means of a promotion or transfer. When an employee does change job families, he retains his accumulated seniority after the promotion or transfer. There is no policy against transfer between job families, and in fact, many employees do change job families.

 42. Certain general practices are followed in the promotion and transfer of non-unionized employees, although no collective bargaining agreement defines these procedures. Before November of 1973, these procedures were very informal. Generally the supervisor with the vacancy would consider employees within the same minor function for the vacancy, then employees in related minor functions within the same major function, then employees in related major functions, then employees in other major functions, and finally new employees. Job openings were not posted, and there was no bidding procedure or systematic review of potentially qualified employees.

 43. Since November, 1973, vacancies in non-unionized jobs are filled according to new written guidelines. These provide that after employees with recall rights, employees in the next lower grade classification within the same major function are considered, followed by employees with pending transfer requests. If the opening has not been filled from employees in these groups, then the job opening is posted and any employee in the plant can apply and will be given equal consideration for the position.

  44. The decision concerning who will be selected to fill an opening depends on the subjective judgment of the supervisors, who determine the job requirements and needed qualifications. The job descriptions for non P & M jobs are not kept up to date and have never been validated.

 45. Since 1973, promotions and transfers in engineering jobs have been decided on the basis of an employee's education and experience, and his demonstrated proficiency in completing work assignments. Job openings in the engineering area generally have been publicized by the Company. The plaintiffs presented no evidence showing that black engineers received fewer promotions than whites. In fact, as early as 1967, minority engineering employees who had the potential for advancement were specially identified.

 46. Supervisors in engineering are chosen primarily on the basis of proven technical ability, although the selection procedures must remain flexible because the duties of an engineering supervisor vary with changing design schedules. Candidates for supervisory positions in engineering are reviewed by at least two managers and often by the Director of Engineering.

 47. Management positions at Boeing Vertol traditionally have been filled by promotion from within the Company rather than by hiring new employees as managers. Thus, P & M supervisors normally are promoted from employees in the P & M unit. There are no written standards governing the promotion of employees to supervisory positions, although an employee's rate of progression since being hired is one factor that is considered. Other factors normally considered include desire to be a manager, ability to get along with people, experience in a "lead" capacity, personal contacts, respect of peers, personal habits, attitude toward the Company, and knowledge of the organization and product.

 48. Since 1963, all employees promoted to supervisory positions must be approved by a Supervisory Selection Board. The members of the Board are high level production superintendents. The Board considers each candidate's background and experience against the job requirements in order to decide which candidate to recommend, and its decision is made by majority vote. Normally the shop with the opening nominates several candidates for consideration. However, in instances where the superintendent with the opening does not know a well qualified person from another shop, the Board might recommend a candidate who was not nominated originally by the shop with the opening. Employees also sometimes nominate themselves for a supervisory opening, although there are no special procedures for self-nomination.

 49. Beginning in April, 1967, the Supervisory Selection Board was required to consider black candidates whenever a supervisory position was to be filled. Company supervisors and foremen were urged to identify minority employees who should be considered for promotion. Although there were no blacks on the Supervisory Selection Board, starting in 1967 black management employees participated in Board meetings to assist in consideration of black candidates, and since 1973, a representative of the Human Relations Office frequently attended Board meetings.

 50. The collective bargaining agreements provided for a freeze on supervisors' seniority that was in effect from 1965 to 1971. During that time, a P & M employee who was promoted to a supervisory position retained his P & M seniority but did not accumulate additional seniority while he was a supervisor. This policy discouraged employees from accepting supervisory positions, particularly after 1967 when the Company's employment began to decline.

 51. In 1972, Boeing Vertol reviewed its method of selecting supervisory personnel. This study concluded that the selection process relied too much on the unsupported opinion of line managers and that the process excluded many potential candidates from consideration and had the inherent weakness of perpetuating individual bias. The supervisory selection committee recommended that a procedure be established for self-nomination in order to assure consideration of a broader group of employees. The committee also criticized the restrictive membership of the selection boards, and noted the lack of clarity concerning job requirements and duties of first line managers. The lack of clarity causes selection criteria to vary depending on who is making the selection, and also makes it difficult to evaluate the selection process. Finally, the selection committee noted that personal preference was the most common basis for selecting supervisors, even though decisions based on preference may overlook skill requirements and permit discrimination purposely or inadvertently.

 V. Reductions in Force

 52. A reduction in force is necessary whenever there are too many employees in a particular job classification. For P & M employees, the collective bargaining agreement provides that learners and probationary employees are laid off first (no matter what their seniority), followed by the least senior employee in the job classification. Such an employee has the option of taking a position in the next lower job classification within the job family if there is an employee with less seniority who can be bumped. Although an employee can bump down through all the job classifications within his job family, he cannot bump an employee in another job family, no matter how great his seniority. However, if a surplus employee has been unable to bump any employee in the job classifications within his job family, he can enter the labor pool if he has more seniority than the least senior employee in that unit. If an employee who bumps down is unable to perform adequately, he may be placed on layoff status, at which time he forfeits recall rights. If a surplus employee cannot find another position by bumping another employee, then he will be laid off. Of course, an employee can choose to be layed off instead of bumping down to a lower job classification, and a surplus employee layed off either voluntarily or involuntarily retains recall rights and rights to his old job. A P & M employee with five or more years seniority has recall rights up to five years, and other P & M employees have recall rights up to three years.

 53. Layoffs of non-unionized employees are not controlled by a written agreement. Nevertheless, non-unionized employees have informal recall rights, and seniority is an important factor in deciding who will be laid off.

 VI. Discipline Procedures

 54. Records of reprimands and disciplinary actions are kept by means of employee reports, which are issued by first level supervisors in the P & M unit. Discipline is on a progressive system, from oral warnings, to reprimands, disciplinary actions, and discharges, although immediate discharges may be given for serious infractions. There are no written standards concerning the issuance of employee reports, so that the subjective judgment of the supervisor is controlling. The goal of the Company's disciplinary system is to provide employees with an opportunity to correct deficiencies in work or behavior.

 55. Employee reports are signed by the affected employee, and copies are placed in the employee's central personnel folder and the employee's shop folder, which is kept by his supervisor. In addition, the employee himself gets a copy. If an employee does not receive an employee report for a period of ten months, all preceding employee reports should be expunged from his record, and notices to expunge are sent to the Personnel Department and to the relevant shop supervisor. However, there is no system to check if the reports actually are removed from the shop files, and in fact, some employee reports are not removed and may be considered improperly. In making promotion and transfer decisions, supervisors may consider any and all employee reports in the employee's file, although reports based on workmanship are given primary consideration.

 56. To insure that the disciplinary system is as fair as possible, Company rules are posted so that employees should know them, and the rules specify the appropriate punishment for particular kinds of behavior. Disciplinary actions must be cleared through the Labor Relations office, which attempts to insure a uniform application of disciplinary rules. Thus, a supervisor cannot write an employee report and put it in an employee's official file without getting the approval of a Labor Relations representative.

 57. The most common cause for issuing an employee report is absence from work. Attendance data is collected in the Company's computer system, which records the times that employees clock in. Each day an Exception Report is prepared which lists those employees who are absent or late. Exception Reports are verified by supervisors, and Exception Reports are consulted before an employee report is issued on the basis of attendance. Actual issuance of an employee report on the basis of attendance is in the discretion of the supervisor.

 58. Because discipline was a serious problem in the late 1960's, the Company began a practice of not giving disciplinary layoffs if the reason for the layoff was absenteeism. The Company also instituted a special procedure in 1968 to insure that blacks were represented in disciplinary cases which could lead to discharge. In addition to a black representative on behalf of the union, a black employee would attend the hearing on behalf of management. The Company's administrative procedures also provided that claims of discrimination would be investigated by the Human Relations Department.

 VII. Statistical Evidence -- Hiring

 59. Plaintiffs' statistical expert was Dr. John DeCani, Chairman of the Department of Statistics at the University of Pennsylvania. Dr. DeCani discussed the statistical significance of various disparities between whites and blacks at Boeing Vertol. According to Dr. DeCani, a disparity is statistically significant if it is not attributable to chance based on a probability standard of five percent or less.

 60. The percentage of Blacks as part of the total number of employees at Boeing Vertol has varied from a low of 4.0 percent in 1962 to a high of 8.4 percent in 1968. Since 1968, the percentage of Blacks has declined somewhat.

 61. Boeing Vertol is located within the Philadelphia Standard Metropolitan Statistical Area (SMSA), and the Philadelphia SMSA is an appropriate geographic area to use for census comparisons. In the Philadelphia SMSA in 1970, Blacks made up 17.5 percent of the total population and 16.14 percent of the civilian labor force over 16 years of age.

 62. There is a statistically significant disparity unfavorable to blacks between the percentage of blacks employed at Boeing Vertol between 1962 and 1973 and the percentage that should be expected according to the percentage of blacks in the Philadelphia SMSA.

 63. However, a comparison of the racial composition of the persons actually hired and the Philadelphia SMSA yields different results. Of the total number of P & M hires between 1965 and 1974, 17. 9 percent were black. Between 1965 and 1968, 16.6 percent of P & M hires were black. These figures exceed the percentage of blacks in the Philadelphia SMSA work force (16.14 percent). The percentage of black P & M hires for individual years exceeded the percentage of blacks in the Philadelphia SMSA in 1967, 1968, 1969, 1971, 1973 and 1974, and exceeded the percentage of blacks in Delaware County in 1965, 1966, 1967, 1968, 1969, 1971, 1973 and 1974. *fn1" For total Company new hires since 1970, the percentage of blacks was as follows: All Races Black Percentage Black 1970 40 3 7.5 1971 208 29 13.9 1972 233 29 12.4 1973 581 82 14.1 1974 631 144 22.8 TOTAL 1693 287 16.9


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