Owen Kiely, Director of Contract Compliance Division, approved the revised plan of New Jersey as complying with Executive Order #11246 and the requirements of HEW for employment of the residents of the urban renewal area.
On August 19, 1970 this Court gave the State of New Jersey leave to advertise for bids for the construction of the Medical College provided that no bids be opened until the matter was resolved by the Court. The State of New Jersey has therefore advertised for bids, but all bids sought include the "Revised Affirmative Action Plan".
Under the revised plan, goals are set forth which each contractor must make a good faith effort to meet in utilizing minority journeymen in the performance of his contract. These goals range from 30-37% depending on the craft involved, and indicate the percentage of minority journeymen to be employed in relation to the entire work force in a specific trade. If the contractor fails to meet the goals, he is to be given an opportunity to prove his good faith effort. This effort will be reviewed and evaluated by a review council before any sanctions can be imposed.
Also included in the revised plan is a requirement that the contractor submit with his bid a statement signed by an official of a union with which he has referral arrangements or agreements covering workers to be employed on this project. This statement incorporates the unions in the affirmative action and provides that the unions admit to membership those minority journeymen desiring membership, who are qualified and satisfy the time limits for admission contained in the collective bargaining agreements and union by-laws. If, however, the union fails to sign such a statement, the contractor is in no way excused from his obligation to attempt to reach his goals.
After the plan was approved and bids solicited, the City of Newark on September 16, 1970, was granted leave to intervene as a defendant and a third party plaintiff.
On September 23, 1970 the defendants and third party plaintiffs (McCrane et al.) filed notice of motion for summary judgment and dissolution of the restraints on the bids.
Shortly thereafter on September 25, 1970, the federal third party defendants also moved for summary judgment and dissolution of the restraints.
On October 1, 1970, George Fontaine filed a like notice of motion and on October 7, 1970 the City of Newark followed.
On November 30, 1970 the defendant Unions filed a motion for summary judgment claiming the "Union Statement" of the revised affirmative action plan is in violation of the National Labor Relations Act and further that the unions were not proper parties to the action.
Before this Court then is the disposition of these motions.
The revised plan was based on the findings made by the panel which conducted the hearings in April, 1970 in Newark, and these findings were based not only on testimony but also on figures supplied by both the United States and the State of New Jersey relating to population, unemployment rates, and labor force participation rates. On the basis of all this data, the panel concluded that some unions have failed to admit minorities to membership, failed to refer minorities for employment, and failed to admit minority group members into apprenticeship programs. A portion of the panel's report states:
"The skilled trades with the poorest representation of minorities is as follows: