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February 16, 1973

United States of America, Plaintiff,
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


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"


 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


 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).

 3. The Electrical Joint Apprenticeship and Training Committee (hereafter JAC) is an unincorporated body composed of six members, of whom three are representatives of Local 52 and three are representatives of the Essex Division. The JAC administers and controls the apprenticeship training program in the electrical trade within the jurisdiction of Local 52 and selects participants for that training program. The JAC is a joint labor management committee controlling apprenticeship within the meaning of Section 703(d) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e -- 2(d). Its principal office is located at 717 South Orange Avenue, Newark, New Jersey (U.F. 3, Pl. Ex. 14).

 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) members of other IBEW locals ("travelers"); and (3) persons who are not members of any IBEW local union (Pl. Ex. 13).

 5. The agreement between Local 52 and the Essex Division establishes five priority groups for referral purposes. According to the agreement, all persons who are eligible for Group I and who have registered for work at the union hall are referred first, then all persons in Group II, all persons in Group III, all persons in Group IV, and finally all persons in Group V. A person in Group I always has a priority right to referral over all persons in Groups II through V, even though persons in Groups II through V may have registered for work before persons in Group I (Pl. Ex. 13; Tr. 29-32).

 6. The collective bargaining agreement in effect on March 25, 1971, the date this action was instituted, provided that Group I would include all persons who (1) have four or more years experience in the trade, (2) are residents of northern New Jersey, or within commuting distance thereto, (3) have passed Local 52's journeyman examination, and (4) have been employed at least four years under a collective bargaining agreement between Local 52 and the Essex Division. In fact, all such individuals are necessarily members of Local 52, because the union admits into membership all persons who pass its examination. Group I contains no persons who are not members of Local 52. Groups II and III consist of "travelers," i.e., members of other IBEW locals, and Groups IV and V are comprised of individuals who are not members of any IBEW local union (U.F. 9; Pl. Ex. 13 Art. VIII, 1968 Collective Bargaining Agreement; Tr. 29-32). *fn6"

 7. Eligibility for Group I has a great practical significance for an electrician since when work is slow, persons in Group I obtain referral jobs ahead of all other individuals (Tr. 30).

 8. Only eight blacks were journeymen members of Local 52 as of March 25, 1971. Only these eight blacks, in contrast to other black electricians, were referred to jobs on a priority basis from Group I. All individuals not members of Local 52 or of another IBEW local who register for work at the union's hiring hall are referred from Groups IV or V and thus obtain work only after referrals are made from Groups I, II and III. Members of Groups IV and V often wait long periods for referral while Local 52 members are being referred more than once during the same period of time. For example, Allen Smith, a black electrician who is not a Local 52 member and not a member of another IBEW local, waited four months in 1970 for referral by Local 52 while individual union members in Group I were being referred on more than one occasion. Similarly, other black electricians such as Ronald Graham and James Malone, Jr., while not members of Local 52 or another IBEW local, waited for referral in 1967 and 1968 for periods of some two to three months while individual Local 52 union members were being referred out more than once. Joseph Watts, who is black and who is now a member of Local 52, worked on referral while not a member of any IBEW local for six years before he became a member of Local 52. During that six year period, he had to wait for referral until after union members had been sent to work. There was no evidence, however, that among individuals waiting for referral in any of the aforementioned Groups, any preference within a referral Group was given to whites over blacks. The difficulties experienced by black electricians seeking referral through Local 52 are directly attributable to the fact that they were not members of Local 52 or another IBEW local. (U.F. 4; Tr. 32; Tr. 2.64-2.68, 2.76-2.77, 2.174-2.175, 2.177-2.178, 7.3-7.6).

 Membership in Local 52

 9. There are two principal means by which individuals achieve membership in Local 52: (A) direct admission as a journeyman member for persons who are experienced in the trade; and (B) apprenticeship -- a four year program leading to journeyman status, designed for persons with little or no experience in the electrical trade (Tr. 27).

 9A. Direct Membership. An experienced non-member electrician who is permitted by Local 52's Executive Board to take Local 52's journeyman examination will be admitted into journeyman membership in the union upon passing the examination. The collective bargaining agreement effective June 1, 1971, between Local 52 and the Essex Division provides that all persons having four years experience in the trade are eligible to take the examination (U.F. 9, 10; Tr. 32; Pl. Ex. 13).

 9A.1(a) Applicant Pool and Barriers to Minority Membership. The majority of experienced non-member electricians who have achieved journeyman membership in Local 52 by passing the union's journeyman examination did not apply for membership. Instead the usual practice has been for the Business Manager to recommend to the Executive Board that certain non-members be brought into the union, even though the men themselves have not applied for membership; the Executive Board then invites these individuals to take the examination, and they are admitted as journeyman members of Local 52 if they pass it (Tr. 33-34). 9A.1(b) Local 52 had never admitted a black into the union as a journeyman member until November 1966. Between July 2, 1965 and March 25, 1971, Local 52 admitted directly into journeyman membership 67 persons who had not gone through an apprenticeship program sponsored by the Local. Of the 67, five (7.5 per cent) were black. The five blacks admitted directly into journeyman membership and their dates of admission are as follows: William McCraw November 1966 Luther Porter April 1967 Junius Copeland November 1968 Daniel Jacocks March 1969 Joseph Watts October 1969


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