Employment Practices Decisions Archive: 1937 - 1995, EMPLOYMENT-PRACTICES 3 EPD ¶8227, United States of America, Plaintiff v. Local 86, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers et al., Defendants., (May 28, 1971), (May 28, 1971)

United States of America, Plaintiff v. Local 86, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers et al., Defendants.

United States District Court, Western District of Washington.Civil No. 8618, May 28, 1971

Title VII--Civil Rights Act of 1964

Racial Discrimination--Union Practices--Referral for Employment--Compliance with Order.

--Upon a determination that a local labor union understood the purpose of a previous order to permit contractors to call minority employees by name for dispatch from the union without regard to their position on the out-of-work list, compliance with such order as regards a contractor’s request for a specific individual is directed, and the union is assessed $500 as compensatory damages to such individual for violation of the original order.

Directing compliance with order in (DC Wash. 1970) 2 EPD ¶10,267 , 63 LC ¶9488, 315 F. Supp. 1202, which issued following consent decree as to certain defendants in (DC Wash. 1970) 3 EPD ¶8085 . For affirmance of original order, see (CA-9 1971) 3 EPD ¶8213 .

Stan Pitkin, U. S. Attorney, and Frank Petramalo, Jr., Attorney, U. S. Department of Justice, for Plaintiff.

Hugh Hafer and John Rinehart, Bassett, Donaldson & Hafer, Seattle, Washington, for Defendants.

LINDBERG, D. J.: This matter, having come on for hearing pursuant to a motion by plaintiff United States for an “Order Directing Electricians Local 46 to Comply with Paragraph 40, Judgment and Decree No. 1 of June 16, 1970,” and having been referred to Sidney C. Volinn, Referee in Bankruptcy, as Special Master in Cause No. 8618, no objection having been made thereto; the Special Master having heard the matter and filed his Report herein pursuant to Rule 53 of the Federal Rules of Civil Procedure, and the parties having agreed that the Report may be considered on the present state of the record; and the Court having reviewed said report and the record on which it is based, the Court does hereby approve and adopt the “Report of Special Master Relative to Motion Directed to Local 46 (Paul Gordon)” and particularly the Findings of Fact contained therein. The Court specifically finds and concludes that Paragraph 40 of Judgment and Decree No. 1 is clear in its purpose to permit contractors to call black journeymen by name for dispatch from the Union without regard to their position on the out-of-work list and that Local 46 should have and did so understand Paragraph 40; now, therefore,

It is Ordered that Local 46 immediately dispatch Paul Gordon to Blue Streak Electric Co., as per the Company’s original request.

It is Further Ordered that Local 46 shall, within seven (7) days after entry of this order, pay to Paul Gordon as compensatory damages for violation of the Court’s order the sum of five hundred ($500) dollars.