EEOC v. Safeway Stores, Inc., CA3-78-0134.
| Decision Date | 31 March 1982 |
| Docket Number | No. CA3-78-0134.,CA3-78-0134. |
| Citation | 560 F. Supp. 77 |
| Parties | EEOC v. SAFEWAY STORES, INC. v. TEAMSTERS LOCAL 745, RULE 19(a)(2) |
| Court | U.S. District Court — Northern District of Texas |
Fred L. Lander, III, Robert M. Jones, EEOC, Dallas Dist. Office, Dallas, Tex., for plaintiff.
Allen Butler, Clark, West, Keller, Butler & Ellis, Dallas, Tex., for Safeway Stores, Inc.
Hal K. Gillespie, James L. Hicks, Jr., Hicks, Gillespie & James, Dallas, Tex., for Local 745.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This action was brought by the EEOC in an effort to force compliance with conciliation agreements reached among the EEOC, four charging parties, and Safeway Stores, Inc. The Teamsters Local 745 was joined under Rule 19. Trial was had on February 17 and 18, 1982. The issue of damages was bifurcated at trial.
1. Plaintiff, Equal Employment Opportunity Commission ("EEOC") is an agency of the United States Government charged with the administration and enforcement of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq 2. Defendant Safeway Stores, Incorporated ("Safeway") is a corporation incorporated in the State of Maryland and doing business in the State of Texas in the City of Dallas, where it is engaged in the grocery supply and retail business. At all times material to the lawsuit, Safeway has continuously employed more than 15 employees.
3. Charging Party Willis W. Taylor is a black resident of the City of Dallas and State of Texas.
4. Charging Party Billy G. Faison is a black resident of the City of Dallas and the State of Texas.
5. Charging Party Concepcion C. Rodriguez is a person of Spanish-American extraction, and a resident of the City of Dallas and State of Texas.
6. Charging Party Fernando Cantu is a person of Spanish-American extraction, and a resident of the City of Dallas and State of Texas.
7. The Union is a labor organization as defined in Title VII of the Civil Rights Act of 1964, as amended, and in the Labor-Management Relations Act of 1947, 29 U.S.C. § 152(5). At all times material to this lawsuit, the Union has been the collective bargaining representative for the employees of Defendant Safeway Stores, Inc., in the truckdriver and warehouseman job classifications filled by Willis Taylor, Billy Faison, Concepcion Rodriguez, and Fernando Cantu.
8. Billy G. Faison applied for the position of truck driver on April 8, 1975. He was hired on June 24, 1975 and on August 9, 1975 filed a charge alleging discrimination on the part of Safeway Stores, Inc. based on race by failing to hire him to a truck driver's position. The EEOC investigated the charge and issued a Letter of Determination finding reasonable cause to believe the charge to be true. On August 23, 1976 Safeway, Faison and the EEOC entered into a conciliation agreement whereby Safeway agreed to assign Faison a seniority date of April 8, 1975, which is the date he applied for the position of truck driver. Safeway implemented Faison's new seniority date on August 26, 1976, but retracted it on September 9, 1976, allegedly in response to union threats. On January 3, 1977 EEOC, Faison and Safeway entered into an addendum to the conciliation agreement which provided that the original seniority date of June 24, 1975 would be continued for two years and Safeway would save Faison from economic harm if a layoff occurred.
9. Concepcion Rodriguez applied for the position of warehouseman and order filler on October 3, 1973 and was hired on March 22, 1976. On January 10, 1974 he filed charges of discrimination with the EEOC against Safeway alleging that Safeway failed to hire him because of his national origin. The EEOC investigated the charge and issued a Letter of Determination finding reasonable cause to believe the charge to be true. On June 24, 1976 Safeway, Rodriguez and the EEOC entered into a conciliation agreement whereby Safeway agreed to assign Rodriguez a seniority date of October 3, 1973 which is the date he applied for the position of warehouseman and order filler. Safeway never implemented the agreed seniority date, allegedly in response to union threats. On December 20, 1976 the EEOC, Rodriguez and Safeway entered into an addendum to the conciliation agreement which provided that the original seniority date of March 22, 1976 would be continued for two years and in exchange Safeway would protect Rodriguez from economic harm if a layoff occurred.
10. Fernando Cantu applied for the position of warehouseman and order filler on November 5, 1973 and was hired on March 28, 1976. On January 10, 1974 he filed charges of discrimination with the EEOC against Safeway alleging that Safeway failed to hire him because of his national origin. The EEOC investigated the charge and issued a Letter of Determination finding reasonable cause to believe the charge to be true. On June 24, 1976 the EEOC, Cantu and Safeway entered into a conciliation agreement whereby Cantu was assigned a seniority date of November 5, 1973, which is the date he applied for the position of warehouseman and order filler. Safeway never implemented the agreed seniority date allegedly in response to union threats. On December 20, 1976 the EEOC, Cantu and Safeway entered into an addendum to the conciliation agreement which provided that the original seniority date of March 28, 1976 would be continued for two years and in exchange Safeway would protect Cantu from economic harm if a layoff occurred.
11. Willis W. Taylor applied for a promotion to truck driver on April 7, 1972. He was promoted to that position on August 4, 1974. On April 10, 1972, he filed a charge of discrimination with the EEOC alleging that Safeway Stores, Inc. discriminated against him because of his race by failing to promote or transfer him to a truck driver position. The EEOC investigated the charge and issued a Letter of Determination finding reasonable cause to believe the charge to be true. Safeway, Taylor and the EEOC entered into a conciliation agreement whereby Safeway agreed to assign Taylor a seniority date of May 22, 1972 which corresponded to the first promotion to the position of truck driver after Taylor had applied for that promotion. Safeway implemented Taylor's new seniority date on August 26, 1976 but retracted it on September 9, 1976 allegedly in response to union threats. No addendum was executed as to Mr. Taylor.
12. In addition to providing retroactive seniority, each conciliation agreement contained the following general provisions:
No duration was specified for the agreement.
13. Each of the three addenda stated that the "term of this Addendum Agreement shall be for a period of two (2) years following the date of its execution." Each provided that Safeway would protect the employee from economic loss for a period of two years, based on a guaranteed forty (40) hour work week. The employee agreed to accept his Company anniversary date as his seniority date for all purposes other than bidding purposes. The reason stated in the addenda for its execution was Safeway's "reasonable fear of violence and threats of economic retaliation communicated to it by officials of Local 745 ...".
14. Teamsters Local 745 consistently took the position that Safeway could not unilaterally assign retroactive seniority dates to any employee for any reason.
15. Local 745 was requested to participate in the conciliation process, but declined to do so.
16. Teamsters Local 745 did not prevent the implementation of the conciliation agreements by threats or acts.
17. Agreement by the Union was not a condition precedent to the effectiveness of the conciliation agreements.
18. The purpose of the addenda was to provide Safeway additional time in which to attempt to secure union acquiescence to the conciliation agreements while at the same time providing the charging parties with protection from economic harm due to layoffs.
19. Safeway fully performed under the addenda.
20. Various threats were made to the charging parties by employees in connection with the retroactive seniority dates. There were minor incidents of violence. None of the threats or violence are legally attributable to the union.
21. Several grievances were filed with the union protesting the retroactive seniority awards but no action was taken on these grievances.
22. On January 10, 1978, Taylor filed a second charge of discrimination against Safeway with the EEOC alleging that Safeway had failed or refused to abide by the seniority date agreed to in the conciliation agreement dated August 23, 1976.
23. On January 15, 1979, Faison filed a second charge of discrimination against Safeway with the EEOC, alleging that Safeway had refused or failed to abide by the seniority date agreed to in the Conciliation Agreement dated August 23, 1976.
24. On January 23, 1979, Rodriguez and Cantu each filed a second charge of discrimination against Safeway with the EEOC, alleging that Safeway had failed or refused to abide by the seniority date agreed to in their respective conciliation agreements dated June 24, 1976.
25. Safeway breached its conciliation agreement with Willis Taylor.
26. Safeway breached its conciliation agreement with Billy Faison.
27. Safeway breached its conciliation agreement with Concepcion Rodriguez.
28. Safeway breached its conciliation agreement with Fernando Cantu.
29. It was not legally impossible for Safeway to perform as agreed in the conciliation agreements.
30. The Addenda Agreements did not supersede permanently the conciliation agreements.
31. The EEOC...
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E.E.O.C. v. Safeway Stores, Inc.
...Safeway and the Teamsters appeal. I. SAFEWAY'S CLAIMS A. Jurisdiction A preliminary consideration is whether the district court, 560 F.Supp. 77, was correct in concluding that it had jurisdiction over this action. The court held that its jurisdiction was established by Section 706(f)(3) of ......