Hicks v. Crown Zellerbach Corporation, Civ. A. No. 16638.

• Decision Date: 25 February 1970
• Docket Number: Civ. A. No. 16638.
• Citation: 310 F. Supp. 536
• Parties: Robert HICKS, individaully and on behalf of all others similarly situated v. CROWN ZELLERBACH CORPORATION, the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Magic City Local No. 362, of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Bogalusa Local 624 of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers.
• Court: U.S. District Court — Eastern District of Louisiana

310 F. Supp. 536

Robert HICKS, individaully and on behalf of all others similarly situated v. CROWN ZELLERBACH CORPORATION, the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Magic City Local No. 362, of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Bogalusa Local 624 of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers.

Civ. A. No. 16638.

United States District Court, E. D. Louisiana, New Orleans Division.

February 25, 1970.

Richard B. Sobol, Lolis Elie, Nils R. Douglas, Collins, Douglas & Elie, New Orleans, La., for plaintiffs and intervenors.

Michael J. Molony, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Crown Zellerbach Corp.

C. Paul Barker, Dodd, Hirsch, Barker & Meunier, New Orleans, La., James E. Youngdahl, McMath, Leatherman, Woods & Youngdahl, Little Rock, Ark., for defendant unions.

FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER ON ISSUE OF SEGREGATED LOCAL UNIONS

HEEBE, District Judge.

This cause came on for hearing on a previous day on the issue of segregated local unions at Crown Zellerbach's Bogalusa plant — that is, Local 362 and Local 624. After due consideration of all the evidence presented and the related law, the Court now makes the following findings of fact, conclusions of law, and issues its order.

FINDINGS OF FACT

7. The International Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-CIO (hereinafter "the International") is a labor organization, with principal offices in Fort Edward, New York. The International is a labor organization engaged in industry affecting commerce, within the meaning of Sec. 701(d), (e) of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e(d), (e).

8. The International maintains two local unions for the employees of Crown's Box, Grocery Bag, and Multiwall Bag plants in Bogalusa: all white employees belong to the defendant Magic City Local 362 of the International (hereinafter "the white local"); all Negro employees belong to Local 624 of the International (hereinafter "the Negro local"). The International is the certified collective bargaining representative of the employees at Crown's Box, Grocery Bag, and Multiwall Bag plants in Bogalusa. The International, together with the white local and the Negro local, represents those employees.

CONCLUSIONS OF LAW

130. The defendant International's maintenance of separate local unions for white and Negro employees is violative of Section 703(c) (2) of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e-2(c) (2).

131. Under authority of Section 706(g) of the Act, 42 U.S.C. Section 2000e-5(g), provisions relating to Negro participation in the leadership of a merged local union over a two-year transition period are considered appropriate by the Court and are included in the order.

ORDER

It is ordered, adjudged and decreed that:

1. Local 624 shall surrender its charter to the International Union on or before April 1, 1970, and all its members shall on or before said date become members of Local 362.

2. The assets and liabilities of Local 362 and Local 624 shall be consolidated as of April 1, 1970. A statement of assets and liabilities for each Local shall be prepared by a certified public accountant acceptable to both local unions.

3. The International Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-CIO, and its Local 362 shall succeed International Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-CIO and its Locals 362 and 624 as exclusive bargaining representative for all employees in the bargaining unit at defendant Crown's Box, Grocery Bag and Multiwall Bag plants in Bogalusa, Louisiana.

4. All members of Local 624 who are members in good standing on the date of surrender of the charter shall be members of good standing in Local 362. Membership in good standing in Local 362 shall be a condition of employment in accordance with the collective bargaining agreement between Crown and the International, upon...