Long v. Georgia Kraft Company, 30453.
Decision Date | 12 November 1971 |
Docket Number | No. 30453.,30453. |
Citation | 450 F.2d 557 |
Parties | Linell LONG et al., Plaintiffs-Appellants, v. GEORGIA KRAFT COMPANY, Defendant-Appellee. Linell LONG et al., Plaintiffs-Appellants, v. INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPERMILL WORKERS, AFL-CIO, et al., Defendants-Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., Jack Greenberg, James M. Nabrit, III, Norman Amaker, William L. Robinson, New York City, for plaintiffs-appellants.
J. R. Goldthwaite, Jr., Atlanta, Ga., for Union.
Oscar M. Smith, Rome, Ga., Smith & Schnacke, Dean Delinger, Dayton, Ohio, for Ga. Kraft.
Bobby Lee Cook, A. Cecil Palmour, Summerville, Ga., for Local 654.
George Anderson, Rome, Ga., for Local 804.
Benjamin Wyle, New York City, for Int. Bro. of Pulp, Sulphite etc.
Russell Specter, Deputy Gen. Counsel, Geo. H. Darden, Atty., E. E. O. C., Washington, D. C., amicus curiae.
Before RIVES, GOLDBERG and MORGAN, Circuit Judges.
Plaintiffs, three Negro employees at Georgia Kraft Company's Krannert Division in Rome, Georgia, filed this class action based upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., against Georgia Kraft and the defendant unions. The case was tried to the court on the issues: (1) whether a system which incorporates job seniority rather than mill seniority in promoting and laying off employees is discriminatory under Title VII; and (2) if so, what is the appropriate remedy for such discrimination? The district court after a full trial, including a view of the plant in operation, entered detailed findings of fact and an able and extensive opinion. See Long v. Georgia Kraft, et al., 328 F. Supp. 681 at pp. 687, 688.
The district court decided the first issue for the plaintiffs, concluding:
As to the second issue, the appropriate remedy, the district court said in part:
The district court retained jurisdiction, saying:
It appeared that the collective bargaining agreement in force at the time of the district court's decision would expire on August 28, 1971. Consequently, under date of August 5, 1971, the Clerk of this Court requested counsel for the various parties to file by stipulation on or before September 10, 1971 a copy of any collective bargaining agreement which became effective on or after August 28, 1971. In response dated September 10, 1971, this Court was advised:
Apparently agreement has not yet been reached on a new collective bargaining contract.
On this appeal there is no contest as to the first issue. The law relating to that issue has been fully and ably explored in the cases relied on by the district judge. Local 189, United Papermakers and Paperworkers v. United States, 416 F.2d 980 (5th Cir. 1969), aff'g 282 F.Supp. 39 (E.D.La.1968); see also 301 F.Supp. 906 (E.D.La.1969). In the second Local 189 case, supra, Judge Heebe had discussed the principles upon which the issues of advance level entry and job skipping should be decided and had given mill seniority practical application:
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