Lockhart v. Firestone Tire & Rubber Co.

• Decision Date: 16 June 1978
• Docket Number: Civ. A. No. 77-0586-R.
• Citation: 454 F. Supp. 191
• Court: U.S. District Court — Eastern District of Virginia
• Parties: Elva LOCKHART v. FIRESTONE TIRE & RUBBER CO. et al.

454 F. Supp. 191

Elva LOCKHART v. FIRESTONE TIRE & RUBBER CO. et al.

Civ. A. No. 77-0586-R.

United States District Court, E. D. Virginia, Richmond Division.

June 16, 1978.

Robert P. Geary, Richmond, Va., for plaintiff.

Paul A. Gregory, Jr., Hopewell, Va., J. Robert Brame, III, Richmond, Va., for defendants.

MEMORANDUM

WARRINER, District Judge.

All parties in the above-styled case have agreed that the Court should determine the merits of the case on the basis of the stipulation of facts, deposition of plaintiff, affidavits, and answers to interrogatories. The parties agree, and the Court concurs, that there exists no genuine issue of any material fact in this matter.

A summary of the facts as set forth in the stipulation might be helpful. Plaintiff Lockhart, a white adult female, was hired by Firestone in its Hopewell, Virginia, facility on 11 September 1967 as a drawtwist operator in the Nytelle Drawtwist Department. Since 1961, under the provisions of an agreement between Firestone and the employees' collective bargaining agent, Firestone employees at Hopewell have had various aspects of their employment, including promotions, demotions, and reductions in force determined in accordance with departmental seniority. Plant seniority determined other benefits, such as vacations, layoffs, and re-employment, and was used when departmental seniority was equal or not relevant. Although the contract was initially negotiated with District 50 of the United Mine Workers, it was continued with Local 900 of the United Rubber Workers. Thus, the departmental seniority program now in effect is substantially the program in effect in 1961. Accordingly, plaintiff began accumulating departmental seniority in the Nytelle Drawtwist Department as well as plant seniority upon her initial hiring in 1967.

In October of 1973 Firestone and the Equal Employment Opportunity Commission (hereinafter "EEOC") entered into a conciliation agreement whereby Firestone agreed to take certain steps to increase the representation of females and blacks in certain departments of the Hopewell facility. The validity of this agreement is not before the Court. After the conciliation agreement Local Union 900 and Firestone entered into a memorandum of agreement whereby Local Union 900 and Firestone agreed to provide remedial seniority to certain minority employees hired prior to 1 April 1972 covered by the EEOC conciliation agreement. The memorandum of agreement provided that the affected employees could utilize plant seniority rather than departmental seniority in transferring to certain departments and in future promotions within those departments, provided that the affected employee complied with the other portions of the memorandum of agreement. Pursuant to the memorandum of agreement, several minority employees transferred into the Polyester Beaming Department and such employees were permitted to utilize plant seniority rather than departmental seniority in bidding on vacancies within the Polyester Beaming Department.

Due to business conditions Firestone decided to shut down the Nytelle Department effective 31 December 1973. Prior to the shutdown, all employees in the Nytelle Department were given an opportunity to transfer to other departments. Pursuant to this procedure the plaintiff elected to transfer to the Polyester Beaming Department.

When the plaintiff was transferred to the Polyester Beaming Department in December of 1973, she was employed in the utility and service classification and was assigned a new departmental seniority date of 31 December 1973. Although the record is silent on whether the plaintiff attempted to qualify under the above-mentioned memorandum of agreement regarding seniority rights for minorities, the Court assumes that if she did she was not successful.

In February of 1974 the plaintiff was promoted to the beamer helper classification within the Polyester Beaming Department. On 20 July 1977 the plaintiff was promoted to the classification of beamer operator, the highest rated hourly position in the Polyester Beaming Department. The promotions to beamer helper and beamer operator were made pursuant to plaintiff's Polyester Beaming Department seniority.

In February of 1975 during negotiations between Local Union 900 and Firestone, Firestone proposed that plant seniority be the controlling factor in the selection of employees for promotions, demotions and layoffs. Local Union 900 rejected this proposal and sought to retain the departmental seniority system that had been in effect since 1961. The departmental seniority system was retained and made a part of the new collective bargaining agreement and is part of the agreement now in effect.

On or about 23 February 1976 plaintiff filed a charge with the EEOC alleging that the departmental seniority system contained in the agreement between Firestone and Local Union 900 discriminated against her on the basis of her sex. More specifically, plaintiff alleged that when the Nytelle Department was shut down effective 31 December 1973, she was required to transfer to another department and thereby lost accumulated departmental seniority. Since future promotions within the Polyester Beaming would be based on departmental seniority, plaintiff alleged that the departmental seniority system was unfair because employees who had less plant seniority but more departmental seniority than plaintiff would...