999 F.2d 711 (2nd Cir. 1993), 1321, Waisome v. Port Authority of New York and New Jersey

Docket Nº:1321, 1322, Dockets 92-9093L, 92-9171CON.
Citation:999 F.2d 711
Party Name:Felix WAISOME, Freddie McMillian, Richard B. Keith, Robert L. Bethea, Ellsworth Corum, Jr., Hilary King, Roderick W. Upshur, Albert Gachett, George Bayley, Hilary A. King, William Preyer, Esq., and Leonard Williams on behalf of themselves and all those similarly situated, Plaintiffs-Appellees, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Board of
Case Date:July 30, 1993
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 711

999 F.2d 711 (2nd Cir. 1993)

Felix WAISOME, Freddie McMillian, Richard B. Keith, Robert

L. Bethea, Ellsworth Corum, Jr., Hilary King, Roderick W.

Upshur, Albert Gachett, George Bayley, Hilary A. King,

William Preyer, Esq., and Leonard Williams on behalf of

themselves and all those similarly situated, Plaintiffs-Appellees,

v.

PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Board of

Commissioners, Stephen Berger and Henry Degeneste,

Defendants-Appellees,

The Port Authority Police Benevolent Association,

Incorporated, Defendant-Appellant,

Nicholas A. Tagarelli, Charles Torres, Michael Palermo,

Anthony Fitzgerald, Frank Heekin & Kenneth

Yeglinski, Intervenor-Defendants-Appellants.

Nos. 1321, 1322, Dockets 92-9093L, 92-9171CON.

United States Court of Appeals, Second Circuit

July 30, 1993

Argued May 17, 1993.

Page 712

Anthony Cornachio, Mineola, NY (Michael C. Axelrod, Axelrod Cornachio & Famighetti, of counsel), for defendant-appellant The Port Authority Police Benevolent Ass'n, Inc.

Dennis J. Alessi, Newark, NJ (Fox and Fox, of counsel), for intervenor-defendants-appellants.

Eric Schnapper, New York City (Elaine R. Jones, NAACP Legal Defense and Educational Fund, Inc., Lowell Johnston, of counsel), for plaintiffs-appellees.

Carlene V. McIntyre, New York City (Milton H. Pachter, Arthur P. Berg, Philip A. Maurer, James Begley, of counsel), for defendants-appellees The Port Authority of New York and New Jersey.

Before: WINTER and JACOBS, Circuit Judges, and MUKASEY, District Judge. [*]

WINTER, Circuit Judge:

A defendant union and various intervening defendant police officers appeal from Judge Duffy's order approving a Consent Decree resolving two related employment discrimination cases. The complaints in the two cases claimed the Port Authority of New York and New Jersey administered promotional examinations that had disparate impacts on black officers in violation of Title VII of the Civil Rights Act of 1964 as amended 42 U.S.C. §§ 2000e et seq. ("Title VII"). The Consent Decree was signed only by the plaintiffs and the Port Authority.

In this consolidated appeal, we conclude that the union lacks standing to raise a claim that affects only members of the plaintiff

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class. We dismiss that portion of the union's appeal. We also conclude that the union's claim that the Consent Decree violates its collective bargaining agreement with the Port Authority lacks merit and affirm on that portion of the union's appeal. The intervening police officers have passed a promotional examination and seek to have the resultant promotions list extended to continue their eligibility for promotion. We reverse in part and order the extension of the expired 1990 list of officers eligible for promotions.

BACKGROUND

The Port Authority is an agency created by the State of New York and the State of New Jersey for the operation, administration and protection of Kennedy and LaGuardia Airports, bridges, roads, tunnels, and other terminal facilities in New York and New Jersey. It employs its own police force. During 1986 and early 1987, the Port Authority administered a three-part examination to police officers seeking promotion to the position of sergeant. In 1987, officers with passing scores were placed in rank order based on their scores on a list of candidates eligible for promotion ("the 1987 List"). As sergeant vacancies opened during the following three years, positions were filled by the officer with the highest ranking score on the 1987 List.

During 1990, the Port Authority administered another examination to various police officers seeking promotions to the position of sergeant. Passing candidates were placed on a 1990 promotion-eligible list ("the 1990 List"), also ranked by score. The 1990 List was scheduled to be in effect from October 1990 through October 15, 1992.

Plaintiffs Felix Waisome, Freddie McMillian, Richard B. Keith, Robert L. Bethea, Ellsworth Corum, Jr., Hilary King, and Roderick W. Upshur are black officers who took the 1986-87 promotional examination. They brought a class action ("Waisome I ") on behalf of themselves and others...

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