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UNITED STATES v. UNITED ASSN. OF JOURNEYMEN

February 16, 1973

United States of America, Plaintiff,
v.
United Association Of Journeymen And Apprentices Of the Plumbing And Pipefitting Industry Of the United States And Canada Local Union Number 24 et al., Defendants


Garth, D.J.


The opinion of the court was delivered by: GARTH

GARTH, D.J.

This action was brought on March 25, 1971, by the Attorney General on behalf of the United States, seeking relief from violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and from interference with the implementation of Presidential Executive Order 11246 forbidding racial discrimination in employment opportunities by government contractors. Pursuant to statutory mandate, *fn1" this case was assigned for hearing at the earliest practicable date.

 At the outset of the proceeding each defendant moved for a severance because of the alleged peculiarities and differences among the various trades, contracts and practices. While denying the formal motions for severance, I structured the presentation of proofs and trial order as follows: the government initially would be required to present proofs common to all defendants with all defendants present; thereafter, the defendants by "cluster" or trade *fn2" would be deemed "severed" and each such "cluster" or trade would be tried separately. The parties agreed and stipulated that the initial or "common" part of the trial was to be incorporated into each separate trial of a "cluster" or trade.

 To expedite the trials of all "clusters" the court scheduled and supervised pretrial discovery and pretrial conferences held at prescribed intervals, culminating in a formal pretrial order as to each "cluster" or trade. This procedure resulted in a complete stipulated consent decree with respect to the Operating Engineers and a complete decree entered upon stipulated facts with respect to the Plumbers. *fn3" In a similar fashion the Ironworkers and the government agreed upon all provisions to be incorporated in the Ironworkers decree other than those provisions relating to the requirements to be imposed on applicants seeking journeyman membership. *fn4" The remaining aspects of the Ironworker case were disposed of in an opinion and decree dated December 22, 1972.

 The findings of facts herein are derived from stipulations of counsel, the pretrial order, and evidence adduced at trial. *fn5"

 Jurisdiction

 The Court has jurisdiction over the subject matter of this action and the parties to it by virtue of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The Attorney General is authorized under Section 707(a) of that Act to institute suit to enjoin a pattern or practice of discrimination and to request such relief as may be necessary to insure the full enjoyment of the rights described in Title VII, 42 U.S.C. § 2000e -- 6(a).

 Findings of Fact

 Parties

 1. Defendant International Brotherhood of Electrical Workers, Local Union Number 52 (hereafter Local 52), is an unincorporated association of persons engaged in the electrical trade. Local 52 has approximately 600 journeyman members and is a labor organization engaged in an industry affecting commerce within the meaning of Section 701(d), (e), of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(d), (e). Local 52's geographical jurisdiction includes all of Essex County, New Jersey, and its principal office is located at 717 South Orange Avenue, Newark, New Jersey (Uncontested Facts, paragraph 1; hereafter U.F. 1).

 2. As of March 25, 1971, defendant Essex Division of the New Jersey Chapter, National Electrical Contractors Association (hereafter Essex Division), was a branch of the New Jersey Chapter containing those members of the Chapter having their principal offices in Essex County, New Jersey. Since January 1972, the Essex Division has been a branch of the Northern New Jersey Chapter of NECA. The members of the Essex Division are contractors engaged in the electrical construction industry, and one function of the Division is the negotiation of collective bargaining agreements on behalf of its members with Local 52. The principal office of the Northern New Jersey Chapter, National Electrical Contractors Association, is located at 1120 Morris Avenue, Springfield, New Jersey (U.F. 2).

 Referral Procedures

 4. Local 52 operates an exclusive hiring hall pursuant to its collective bargaining agreement with the Essex Division. That is, contractors who are parties to the agreement are obliged to hire electricians through Local 52. The union refers to the contractors the requisite number of men needed from among individuals who have registered for work at the hall. Three categories of electricians make use of Local 52's hiring hall: (1) members of Local 52; (2) ...


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