E.E.O.C. v. Local 580, Intern. Ass'n of Bridge, Structural and Ornamental Ironworkers, Joint Apprentice-Journeyman Educational Fund

• Decision Date: 11 February 1991
• Docket Number: D,APPRENTICE-JOURNEYMAN,No. 712,712
• Citation: 925 F.2d 588
• Parties: 55 Empl. Prac. Dec. P 40,568 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. LOCAL 580, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRONWORKERS, JOINTEDUCATIONAL FUND ... Allied Building Metal Industries, Inc., Defendants, Local 580, International Association of Bridge, Structural and Ornamental Ironworkers, Joint Apprentice-Journeyman Educational Fund, Defendants-Appellants. ocket 89-6257.
• Court: U.S. Court of Appeals — Second Circuit

Page 588

925 F.2d 588

55 Empl. Prac. Dec. P 40,568

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. LOCAL 580, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRONWORKERS, JOINT APPRENTICE-JOURNEYMAN EDUCATIONAL FUND ... Allied Building Metal Industries, Inc., Defendants Local 580, International Association of Bridge, Structural and Ornamental Ironworkers, Joint Apprentice-Journeyman Educational Fund Defendants-Appellants.

No. 712, Docket 89-6257.

United States Court of Appeals Second Circuit.

Argued Jan. 11, 1991.

Decided Feb. 11, 1991.

Carolyn L. Wheeler, E.E.O.C., Washington, D.C. (Donald R. Livingston, Gen. Counsel (Acting), Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Johnnie L. Johnson, Gail Black, Paul Bogas, Washington, D.C., David Raff, New York City, of counsel), for plaintiff-appellee.

Eugene P. Souther, Seward & Kissel, New York City (R. Scott Garley, Michael P. Enright, Mark D. Kotwick, New York City, of counsel), for defendants-appellants.

Before KAUFMAN, NEWMAN and McLAUGHLIN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Title VII of the Civil Rights Act of 1964 ¹ was enacted by Congress to eradicate employment discrimination based on race. Enforcement of the statute's provisions was widespread and effective in the 1960's and 70's and resulted in dramatic improvements in the unbiased treatment of non-white employees and job applicants.

In 1971, several labor organizations were charged with racially discriminatory practices both in selecting apprentices and in extending job opportunities to minority members. Local 580, International Association of Bridge, Structural and Ornamental Ironworkers ("Local 580") and the Joint Apprentice-Journeyman Education Fund ("AJEF") settled claims against them by entering into a Consent Judgment with the Equal Employment Opportunity Commission ("EEOC") in 1978. This judgment imposed a wide range of specific obligations upon the labor organizations to ameliorate the effects of past racial discrimination and to insure future integration among the union membership. In exchange for their agreement to these terms, Local 580 and the AJEF escaped litigation of a costly and potentially damaging Title VII action.

Unfortunately, appellants have consistently failed to comply with requirements of the Consent Judgment over the years. The EEOC has instituted numerous enforcement actions, and the district court has found appellants in contempt of court on several occasions. Local 580 and the AJEF appeal from these rulings and seek reversal of additional remedies imposed by the lower court. For reasons set forth below, we reject appellants' claims and affirm the rulings of the district court.

BACKGROUND

In 1978, Defendant-Appellants, Local 580 and the AJEF entered into a Consent Judgment with the Plaintiff-Appellee, the EEOC. Local 580 is an unincorporated labor organization of ornamental iron workers in New York City, Westchester, Nassau and Suffolk Counties. The AJEF is a joint management-labor organization that administers an apprentice training program, successful completion of which is the principal means of attaining membership in Local 580 as apprentices and journeymen.

Initiated in 1971, this action charged Local 580 with violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., by engaging in a pattern and practice of discrimination against blacks and hispanics seeking admission into the union and against those minority members seeking jobs through the union's referral system. Allegations of disparate treatment tinged all aspects of Local 580's recruitment, selection, training and employment procedures. Accordingly, the Consent Judgment entered into by the parties in 1978, inter alia, permanently enjoined Local 580 and the AJEF from any such discrimination.

In 1984, the EEOC filed a motion seeking civil contempt, asserting that appellants had failed to uphold their obligations under the Consent Judgment. After a four-day evidentiary hearing involving charges of discrimination in the apprentice program, Judge Carter, in a thorough opinion (EEOC v. Local 580, et al., 669 F.Supp. 606 (S.D.N.Y.1987)) found the defendants in civil contempt of certain provisions of the Consent Judgment. The court ordered comprehensive relief in the form of numerous specific remedies. Then, in 1988, the EEOC moved for summary judgment against Local 580, alleging continued noncompliance with the terms agreed upon in the Consent Judgment. The district court granted summary judgment in favor of the EEOC, finding the union had violated provisions of the Consent Judgment related to its journeyman workers and ordered relief similar to that stipulated in the prior contempt order.

Local 580 and the AJEF subsequently appealed from all orders of the district court related to this case. The district court has made extensive factual findings over the course of this litigation. Information relevant to the issues on appeal is summarized briefly below.

A. The Consent Judgment

The Consent Judgment permanently enjoins appellants from discriminating against "any individual or class of individuals on the basis of race, color, religion, sex or national origin." Consent Judgment Sec. II.1. It also establishes a detailed affirmative action plan for increasing minority membership in the union to twenty-four percent. This was to occur over a five year period dating from entry of the judgment in 1978. Certain other affirmative action provisions of the Consent Judgment state similar durational goals.

Because the AJEF-sponsored apprentice program is largely responsible for filling the ranks of Local 580, the Consent Judgment places significant emphasis on attracting minority candidates and producing minority graduates. Appellants are required by the Consent Judgment to alert specified organizations with ties to minority communities to the periodic formation of apprentice classes and administration of its entrance examination. This examination is required to consist of oral, medical and physical components, as well as a written aptitude test properly validated pursuant to the EEOC Guidelines on Employee Selection Procedures. A new procedure for distributing employment referrals to apprentices in training was devised, based solely upon each individual's qualifications, work experience, length of employment and number of consecutive days spent waiting for job placements. Local 580 agreed to curtail its practice of subjectively recommending particular apprentices to prospective employers.

As a means of monitoring Local 580 and the AJEF's compliance with these terms, the Consent Judgment requires that the union collect data and maintain detailed records pertaining to each aspect of the apprentice program. A corresponding duty to file this information regularly with the EEOC is also mandated. Finally, the Consent Judgment expressly reserves continuing jurisdiction to the district court. Consent Judgment Secs. VI.1, 2.

B. Prior Proceedings and Remedies

Numerous court proceedings have been instituted as part of this litigation since its inception nearly twenty years ago. Disposition of two particular actions form the basis of the claims on appeal.

In 1987, the EEOC moved in the district court alleging that Local 580 and the AJEF had violated most provisions of the Consent Judgment. Denying the EEOC's request to seek relief on its papers alone, the district court set forth issues to be argued in an evidentiary hearing. The hearing was held from June 9 to June 15, 1987, and, based on evidence presented at that time, the court found Local 580 and the AJEF in contempt of court for failing to comply with provisions of the Consent Judgment. The court specifically noted violations of the nondiscrimination provisions regarding apprentice recruitment, selection, employment, training, recordkeeping and data production.

After carefully reviewing the extensive anecdotal, statistical and expert witness evidence presented during the hearing, Judge Carter, inter alia, made the following dispositive determinations. He found that appellants underutilized the apprentice program so as to limit minority membership and employment opportunities. Judge Carter also noted that Local 580 and the AJEF failed to afford requisite notice of the indenture of apprentice classes to the named organizations with ties to minority communities. With regard to the tests for admission to the apprentice program, the court found certain components to discriminate against minority applicants. In violation of the equal employment portions of the Consent Judgment, the court found:

the "evidence of discriminatory referrals was substantial. One minority apprentice after another testified about instances in which he waited as many as 60 days in the [Referral] Hall while white apprentices who had not been waiting as long were referred out ahead of them." EEOC v. Local 580, 669 F.Supp. at 621.

In addition, the court took note of evidence indicating retaliatory harassment of minority apprentices who assisted the EEOC in this litigation. Overall, the court found numerous instances where "barriers above and beyond facially neutral institutional policies barred or deterred prospective minority apprentices," id. at 615, in contravention of the injunction against acts or practices with the " 'purpose or effect' of discriminating against minorities in the recruitment or selection of apprentices." Id.

In May 1988, the court ordered implementation of extensive remedial measures. These included, inter alia: permanent injunctions against any discrimination in creation and operation of all aspects of the apprenticeship program, against violations of the recordkeeping and reporting requirements of the Consent Judgment, and against retaliation directed at individuals for cooperating with or providing information or assistance to the EEOC with regard to...