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PENNSYLVANIA v. LOCAL 542

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


October 10, 1985

COMMONWEALTH OF PENNSYLVANIA and RONALD WILLIAMS, WILLIE McKAY, MARION J. EADDY, RANDOLPH HUGHES, JR., AREL BROWNLEE, WILLIAM BOSTIC, KENNETH HOWARD, ALPHA CHRISTMAS, RONALD RICHARDSON, CLARENCE WINDER, RONALD CRAWFORD and FRANK GILCHRIST, on their own behalf and on behalf of all others similarly situated, Plaintiffs,
v.
LOCAL 542, INTERNATIONAL UNION OF OPERATING ENGINEERS, et al, Defendants

The opinion of the court was delivered by: BECHTLE

BECHTLE, J.

 ORDER.

 POST DECREE ORDER #87

 AND NOW, TO WIT, this 9th day of October, 1985, for the reasons stated in the accompanying Memorandum, attached hereto as Exhibit "A", IT IS ORDERED that the Judgment and Decree, as revised in Post Decree Order #73 is hereby modified in accordance with the Modification Decree, attached hereto as Exhibit "B".

 EXHIBIT "A"

 M E M O R A N D U M

 Following a hearing held on July 30, 1985, this court ordered that the "Judgment and Decree" originally issued by this court on November 7, 1979, as revised on August 12, 1983 (Post Decree Order #73), which was to expire on August 31, 1985, be extended for two years. After a review of the Special Master's Report, and the exhibits and arguments propounded by the parties, the court finds it necessary to make certain modifications to the Judgment and Decree.

 I. FACTS

 The facts of this prolonged litigation have previously been articulated by this court. See Commonwealth of Pennsylvania v. Local 542, 569 F. Supp. 582, 583-86 (E.D. Pa. 1983). A brief summary of the facts, however, is in order.

 This action was instituted on November 8, 1971, by 12 black men and the Commonwealth of Pennsylvania. It challenged a pattern and practice of racial discrimination against minorities, as a class, by Local 542, International Union of Operating Engineers ("Local 542" or the "Union"), the Joint Apprenticeship Training and Safety Committee ("JATC"), and the contractors and contractor associations that entered into collective bargaining agreements with Local 542.

 On January 2, 1979, the court *fn1" issued its decision that minorities, as a class, had been victims of intentional racial discrimination by Local 542 and the JATC by the denial to minorities of equal treatment in entry to the Union and to minority members of the Union in obtaining referrals to jobs, in violation of Title VII, 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981. Commonwealth of Pennsylvania v. Local Union 542, 469 F. Supp. 329 (E.D. Pa. 1978) (liability opinion), aff'd as to Local 542, 648 F.2d 922 (3d Cir. 1981). *fn2" The court also held that the contractor associations and contractors were liable under 42 U.S.C. § 1981 because of their contractual relationship to the Union hiring hall. Id. The court's finding of vicarious liability on the part of the contractor associations and contractors was reversed by the United States Supreme Court. General Building Contractors Association, Inc. v. Pennsylvania, 458 U.S. 375, 73 L. Ed. 2d 835, 102 S. Ct. 3141 (1982). On November 7, 1979, the court issued an injunction, called a "Judgment and Decree" (the "Decree"), which prohibited any further discrimination by Local 542 and the JATC. n3 That injunction also set specific minority goals, spread over five years, to bring about racial integration in the operating engineers trade and equal employment opportunities for those minorities who are or wish to become members or affiliates of Local 542 and the JATC. Commonwealth of Pennsylvania v. Local Union 542, 502 F. Supp. 7 (E.D. Pa. 1979). The hour and wage percentage goals for the five-year duration of the Decree were as follows: 1st 2nd 3rd 4th 5th year year year year year District 1 12 % 14 % 16 % 18 % 18 % District 2 1.1% l.3% 1.3% 1.3% 1.3% District 3 .5% .7% .7% .7% .7% District 4 2 % 2.6% 2.8% 2.8% 2.8% District 5 8 % 10 % 12 % 12.4% 12.4%

19851010

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