Causey v. Ford Motor Company

• Decision Date: 05 April 1974
• Docket Number: No. 72-348-Civ-J-S.,72-348-Civ-J-S.
• Citation: 382 F. Supp. 1221
• Parties: Juanita CAUSEY, Plaintiff, v. FORD MOTOR COMPANY, Sales and Parts Distribution Center, Jacksonville, Florida, et al., Defendants.
• Court: U.S. District Court — Middle District of Florida

382 F. Supp. 1221

Juanita CAUSEY, Plaintiff, v. FORD MOTOR COMPANY, Sales and Parts Distribution Center, Jacksonville, Florida, et al., Defendants.

No. 72-348-Civ-J-S.

United States District Court, M. D. Florida, Jacksonville Division.

April 5, 1974.

Johnson & Marshall, Jacksonville, Fla., for plaintiff.

Gary B. Tullis, C. Wayne, Alford, Ulmer, Murchison, Ashby & Ball, Jacksonville, Fla., for defendant Ford Motor Co.

Richard H. Frank, Tampa, Fla., for defendants UAW and Local 970.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CHARLES R. SCOTT, District Judge.

This is an action brought by the plaintiff, Juanita Causey, an employee of the defendant, Ford Motor Company (hereinafter referred to as "Ford"), pursuant to the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), for alleged discrimination in her employment and against the United Automobile, Aerospace and Agricultural Workers of America (hereinafter referred to as the "UAW") and its Local 970 for alleged discrimination because of her sex in their representation of the plaintiff in connection with grievances which she allegedly asserted against Ford. The jurisdiction of this Court was further invoked pursuant to 28 U. S.C. §§ 1331 and 1343(4).

The plaintiff sought a preliminary and permanent injunction against the defendants enjoining them from engaging in the alleged discriminatory practices and also sought promotion, back pay, compensatory seniority, and the award of a reasonable attorney's fee pursuant to 42 U.S.C. § 2000e-5(k).

This action was originally brought as a class action. Thereafter, the defendant Ford, pursuant to Rule 23(c)(1), Federal Rules of Civil Procedure, moved this Court to determine if this action could be properly maintained as a class action. This Court, by its Order entered herein on February 26, 1974, and for the reasons stated therein, found that this action was not properly maintainable as a class action under Rule 23 of the Federal Rules of Civil Procedure. Therefore, this action proceeded to trial on the plaintiff's individual claims against Ford, the UAW, and its Local 970. The trial of this action commenced on March 6, 1974, and terminated on March 11, 1974.

The gravamen of the plaintiff's complaint against Ford is that Ford: (1) discriminated against her by slanting its recruitment efforts toward contacts and sources more likely to yield male applicants for employment; (2) failed to hire her when she originally applied for employment, solely because of her sex; (3) discriminated against her in failing to rehire the plaintiff before it actually did rehire her; and (4) discriminated against her during her employment by failing to provide her adequate restroom facilities. With respect to the defendants, the UAW and its Local 970, the plaintiff complains that said defendants refused to represent her, solely because of her sex, in the disposition of grievances she allegedly asserted against Ford, thus failing fully and adequately to execute the duty of fair representation.

The Court finds upon consideration of the pleadings, the stipulations of the parties, the evidence, both testimonial and documentary, and having heard the arguments of counsel, that Ford, the UAW and its Local 970 did not, at any time, discriminate against the plaintiff because of her sex. The Court, therefore, makes the following findings of fact and conclusions of law as required by Rule 52(a) of the Federal Rules of Civil Procedure. The Court notes that in resolving disputed questions of fact and conflicts in testimony, not resolvable from undisputed documentary evidence, it relied upon its evaluation of witnesses and the demeanor associated with the testimony.

FINDINGS OF FACT

1. The plaintiff, Juanita Causey, is a citizen of the United States and a female caucasian residing in Jacksonville, Florida.

2. The defendant, Ford, is a corporation engaged in the warehousing, sale and distribution of automobile parts and accessories in the north Florida and south Georgia areas and is an employer within the meaning of 42 U.S.C. § 2000e(b). As part of this operation, Ford maintains and operates a large warehouse facility in Jacksonville, Florida, from which it distributes various automobile parts.

3. The defendant, UAW, is a voluntary, unincorporated association having its principal offices in Detroit, Michigan, and it is a labor organization within the meaning of 42 U.S.C. § 2000e(d). Ford and the UAW are parties to a master collective bargaining agreement dated December 7, 1970.

4. The defendant, Local 970, is an affiliate of the UAW and in conjunction with the UAW is the exclusive bargaining representative of all employees within the contract unit governed by a master collective bargaining agreement in existence between the UAW and Ford. Local 970 is a labor organization within the meaning of 42 U.S.C. § 2000e(d).

5. The UAW, Local 970, and Ford have expressly recognized within the master collective bargaining agreement the moral principles involved in the area of civil rights and have reaffirmed their commitment not to discriminate against employees because of race, creed, color, age, sex, or national origin.

6. Ford normally employs sixty to sixty-five employees at the warehouse facility in Jacksonville, Florida. These employees are responsible for the receipt of new automobile parts and the shipment of such parts to various dealers or automobile repair shops throughout the states of Florida and Georgia. The employees at the warehouse are classified as stockhandlers, warehousemen, receiving, claims and shipping checkers, dingmen, truck drivers and maintenance.

7. A "stockhandler" is basically a janitorial position which includes the duties of sweeping, operating a gas-operated sweeper, picking up trash and otherwise maintaining the warehouse in a clean condition. The duties of a "warehouseman," which is a higher classification than a stockhandler, include the picking of orders for customers in the proper quantity and items required by a customer order and the stocking of in-bound material from outside vendors. Both the stockhandler and warehouseman are required, in carrying out their duties, to lift heavy automobile parts and the wooden pallets upon which these parts are transported.

8. On January 18, 1971, the plaintiff, through the efforts of her husband who is also an employee of Ford at the parts distribution warehouse, filed an application for employment with Ford, seeking employment at the warehouse. At the time the plaintiff filed her application for employment, there were 290 applications on file, which were filed in 1970, and an additional 21 applications which were filed in 1971, prior to the date of plaintiff's application. There were also four applications filed on the same date that the plaintiff filed her application. Prior to the filing of plaintiff's application, there were two female applicants for employment at the warehouse who applied in 1969 and two female applicants who applied in 1970.

9. The plaintiff, who was the first female employee hired by Ford at its warehouse facility, was hired as a stockhandler on July 29, 1971. She was thereafter laid off, because of a reduction in work force, on August 5, 1971. She was rehired on October 4, 1971, and was again laid off, for the same reason, on October 29, 1971. On March 6, 1972, she was rehired and worked continuously at the warehouse until January 18, 1974, when she was laid off, with four or five other employees, because of a reduction in work force.

10. Pursuant to Article VIII, Section 4(a), of the collective bargaining agreement between Ford and the UAW, the plaintiff could not and did not acquire seniority status until she achieved 90 days of continuous employment. Until such time, the plaintiff was a "probationary employee" pursuant to such agreement and did not become a "seniority employee" until on or about June 6, 1972 (90 days after the plaintiff was rehired on March 6, 1972).

A. Ford's Recruitment Methods

11. It is evident that there was and is very little turnover of employees at the Ford warehouse facilities. There are normally 60 to 65 employees at the warehouse and because of the unusually good rate of pay, very few employees quit their job at the warehouse facilities after they are hired. During the time period from October of 1971 until December of 1972, there were only 11 new employees hired at the warehouse facility. As a consequence of the unusually low turnover, it was and is unnecessary that Ford actively recruit new employees at the warehouse facilities.

12. New employees for the warehouse facilities are obtained through several methods. There are numerous "walk-in" applicants. These are individuals seeking employment who appear at the warehouse facility to file an application without having been solicited to do so. In addition, during 1971 Ford would, from time to time, solicit minority group employees from the National Alliance of Businessmen. This is an organization that encourages industry to hire persons from underprivileged and minority groups. Also, as a third source of new employees, the employees actually working in the warehouse would refer applicants to Ford for possible employment. In fact, the plaintiff applied for employment at the warehouse and was hired because she was referred to the warehouse by her husband, who was also an employee of the warehouse.

13. Ford did not have any recruitment effort "slanted" toward contacts and sources more likely to yield male applicants. On the contrary, there was no active recruitment program and the plaintiff was, in fact, a product of the recruitment system which she now complains about. The plaintiff has simply failed to produce any evidence showing that Ford discriminated against her in its methods of acquiring new employees.

B. The Hiring of Plaintiff

14. During the period between the date the plaintiff first made application for employment and the date that she was...