Chisholm v. United States Postal Service

• Decision Date: 03 October 1980
• Docket Number: No. C-C-73-148.,C-C-73-148.
• Citation: 516 F. Supp. 810
• Court: U.S. District Court — Western District of North Carolina
• Parties: Napoleon CHISHOLM, Plaintiff, and H. C. Rushing, et al., Plaintiff-Intervenors, v. The UNITED STATES POSTAL SERVICE, et al., Defendants.

516 F. Supp. 810

Napoleon CHISHOLM, Plaintiff, and H. C. Rushing, et al., Plaintiff-Intervenors, v. The UNITED STATES POSTAL SERVICE, et al., Defendants.

No. C-C-73-148.

United States District Court, W. D. North Carolina, Charlotte Division.

October 3, 1980.

COPYRIGHT MATERIAL OMITTED

Jonathan Wallas and Louis L. LeSesne, Jr., Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P. A., Charlotte, N. C., and Bill Lann Lee, NAACP Legal Defense and Educational Fund, Inc., New York City, for plaintiff.

Stanley A. Mestel and James B. Petrick, U. S. Postal Service, Washington, D. C., and Wayne Alexander, Asst. U. S. Atty., Charlotte, N. C., for defendants.

MEMORANDUM OPINION

McMILLAN, District Judge.

This action was tried on August 15-17 and 20-22, 1979, upon allegations of the plaintiff, the plaintiff intervenors (hereinafter collectively referred to as "plaintiffs") and the class of employees represented by plaintiffs that the defendants had engaged in policies and practices in violation of Title VII of the Civil Rights Act of 1964, (as amended) 42 U.S.C. § 2000e et seq. ("Title VII"), 42 U.S.C. § 1981 ("§ 1981") and the Fifth Amendment to the Constitution of the United States and that the plaintiffs and class members had been denied employment opportunities as a result of the racially discriminatory practices of the defendants. Plaintiffs seek injunctive relief including monetary compensation to remedy the claimed discrimination and to provide specific redress for each individual who has suffered as a result of the defendants' alleged discriminatory practices. Based on the evidence, the Court enters the following findings of fact and conclusions of law:

FINDINGS OF FACT

A. Parties

1. Plaintiffs herein, Napoleon Chisholm, H. C. Rushing, William J. McCombs, C. A. Rickett, Milton J. Yongue, and James F. Lee, are black citizens of the United States residing in Mecklenburg County, North Carolina, who, at all times pertinent, have been employees of the United States Post Office and the United States Postal Service.

2. Plaintiffs have brought this action as a class action under Rule 23, Federal Rules of Civil Procedure. On May 29, 1975 an order was entered certifying this case as a class action consisting of:

All black persons who are employed and who might be employed by the defendants at the Charlotte, Mecklenburg County, North Carolina branch of the United States Postal Service and who are or have been limited, classified, restricted, discharged, excluded or discriminated against by the defendants in ways which deprive or tend to deprive them of employment opportunities and otherwise affect their status as employees or applicants for employment or promotion because of their race or color.

The above class definition was amended on July 17, 1979, and the class was redefined as follows:

... all black persons who have been employed by the defendants at the Charlotte, Mecklenburg County, North Carolina facilities of the United States Postal Service (or the United States Post Office) at any time from March 24, 1970 to the date of this Order who are or have been limited, classified, restricted, discharged, excluded or discriminated against by the defendants in ways which deprive them of employment opportunities and otherwise affect their status as employees or with respect to promotion or pay because of their race or color.

Notice to potential class members was effected prior to trial by having a copy of this Court's July 17, 1979 class action Order posted on all bulletin boards of defendants' Mecklenburg County, North Carolina facilities. The evidence at the trial of this case involved facts relating to a pattern of racial discrimination engaged in by the defendants and certain individual claims of certain of the plaintiffs and class members who testified at the trial. As set forth hereafter, an opportunity will be given to all class members to present their individual claims of discrimination at some later date.

3. The defendant United States Postal Service (hereinafter "USPS") is a quasi-governmental corporation established by Congress and is the successor to the United States Post Office. The business of USPS is mail. This case involves the facilities of USPS located in Mecklenburg County, North Carolina. USPS is an employer within the meaning of Title VII (as amended in 1972).

4. Defendant W.A. Shaw, as of the date this action was filed, was the officer in charge of the Charlotte, Mecklenburg County, North Carolina facilities of USPS. Shaw, and his predecessors and successors, were responsible for the overall operations of the Charlotte branch of the USPS, including the promotion of all personnel and the selection of supervisors and upper level management personnel.

5. Defendant E. T. Klassen, as of the date this action was filed, was the Postmaster General of the United States and the chief executive officer of USPS. Klassen, and his predecessors and successors, were responsible for the overall operations of USPS, including the promotion and other employment procedures and policies of USPS.

6. Defendant Michael R. Greeson, as of the date this action was filed, was the head of the personnel department of the Charlotte branch of USPS and was responsible for the day-to-day personnel decisions of that office, including the decisions involving promotions and the selection of supervisory and upper level management personnel.

B. Administrative Proceedings

7. On March 24, 1972, after an inconclusive informal proceeding,¹ plaintiff Chisholm filed a formal administrative complaint of racial discrimination pursuant to the then existing U.S. Civil Service Commission regulations, 5 C.F.R. Part 713. As was true throughout the entire administrative process Chisholm was not represented by counsel. The complaint stated that the "specific action or situation complained of" was:

3. (a) On March 4, 1972, the position of Finance Examiner, level 9 was filled by Mr. Robert L. Wallace and on March 13, 1972, the position of Budget Assistant, level 8 was filled by Mr. L. B. Holland; I was denied an equal opportunity to be considered for the above positions.

(b) That such denial of equal opportunity for black employees in relation to promotion in the U. S. Postal Service, Charlotte, N.C. is a continuing discriminatory practice.

In his formal complaint, Chisholm gave as "the date of the alleged act of discrimination," "specifically: March 4, 1972, and March 13, 1972" and "generally: 1960 through present time." The following were set forth in the letter of complaint as Chisholm's reasons that there had been discrimination against blacks as a class as well as against Chisholm individually:

7. In being denied the equal opportunity to be considered for the aforementioned positions, I was informed by the Personnel Office that I did not meet the specialized experience required, in that, at least one year of specialized experience must have been at a level of difficulty comparable to not more than 3 levels and 2 levels below the position to be filled, 9 and 8 respectfully sic. Therefore, since I am a level 5 carrier I was denied the opportunity to compete for the positions. However, in subsequent advertisements with the same stipulation as above Mr. C. C. Claud and Mr. Leonard W. Kerr, both level 5 and both white employees were granted an opportunity to compete for level 8 positions on March 10, 1972, at 10:30 a. m. and 11:00 a. m., respectfully sic. On March 17, 1972, Mr. Jack R. Polk, a white employee, level 4 was granted an opportunity to compete for a level 8 position advertised with the same stipulation. Therefore, I contend that the aforementioned stipulation is a manipulated tool of management whereby discrimination in general is practiced by management against the black employees and in this case specifically against me. In that I firmly believe that I am the more qualified employee.

In regards 3-b above: because of the lack of the accessibility to record examination the below contentions are not based on specific statistics, however they are in my opinion, statistically inferred based on 12 years of competent observation — stated within a 95% to 99% competence level.

(a) That less than 1% of the total supervisory staff, level 7 and above is black.

(b) That the total number of black supervisors appointed since 1960 is less than ½ of 1% of the total number of white supervisors appointed since 1960.

(c) That the total number of times that a black supervisor has chaired a position on the Promotion Advisory Board is less than ¼ of 1% of the total number of times that it has convened.

(d) That the white employee has been consistently "detailed" to the open positions and allowed to work in the position on an average of 1 year before it goes up for bid, thus giving the "detailed" employee a definite advantage over any other applicant.

(e) That the "detailed" employee gets the position regardless of the qualification of any applicant competing against him.

(f) That less than ¼ of 1% if any, black employees, are "detailed" to supervisory and other staff positions.

As a result, it is through the "detailed process" which is unadvertised, and the convening of a biased Promotion Advisory Board that willful and consistent discriminatory practices in promotions against the black employee, has and is prevailing in the Charlotte, N. C. Postal Service.

This Court has previously found that, "it is undisputed that ... in his formal complaint, the plaintiff raised broad class-wide issues of discrimination." Memorandum Opinion filed May 29, 1975.

8. As required by U. S. Civil Service Commission regulations, an investigation of Chisholm's complaint was conducted by an investigator employed by USPS. While the USPS investigation focused only on the specific denial of two promotions, raised by Chisholm, the administrative record contains various minority census reports and other statistical compilations which show that few blacks had obtained...