United States v. Virginia Electric and Power Company, Civ. A. No. 638-70-R.

CourtUnited States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
Writing for the CourtThomas X. Dunn, Sherman, Dunn & Cohen, Washington, D. C., for IBEW, AFL-CIO
PartiesUNITED STATES of America v. VIRGINIA ELECTRIC AND POWER COMPANY et al.
Decision Date17 May 1971
Docket NumberCiv. A. No. 638-70-R.

327 F. Supp. 1034

UNITED STATES of America
v.
VIRGINIA ELECTRIC AND POWER COMPANY et al.

Civ. A. No. 638-70-R.

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

May 4, 1971.

As Modified May 17, 1971.


327 F. Supp. 1035
COPYRIGHT MATERIAL OMITTED
327 F. Supp. 1036
David L. Rose, Steven B. Glassman, Kurt H. Sorenson, Robert Feder, Dept. of Justice, Washington, D. C., for United States

Jay J. Levit, Stallard, Levit & Atkins, Richmond, Va., for IBEW Locals.

Francis V. Lowden, Jr., Hill B. Wellford, Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., for VEPCO.

Thomas X. Dunn, Sherman, Dunn & Cohen, Washington, D. C., for IBEW, AFL-CIO.

MEMORANDUM

MERHIGE, District Judge.

This suit was brought by the Attorney General of the United States against Virginia Electric and Power Company (VEPCO), the International Brotherhood of Electrical Workers, AFL-CIO (IBEW), and Local Unions 216, 220, 279, 655, 699, 905, 980 and 1064, alleging racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The Attorney General has moved for a preliminary injunction, 42 U.S.C. § 2000e-6(a), asking that three practices of the defendants be temporarily enjoined. These practices are the system of job and departmental seniority, the requirement of a high school education as a prerequisite for advancement of certain employees hired before the date on which those requirements were universally imposed on all employees, and the use of testing as a prerequisite to advancement.

FINDINGS OF FACT

Defendant VEPCO is a Virginia corporation, with its principal office located in Richmond. It does business in a 32,000 square mile area covering portions of Virginia, West Virginia and North Carolina.

VEPCO is an employer within the meaning of 42 U.S.C. § 2000e(b) and is engaged in an industry affecting commerce within the meaning of 42 U.S.C. § 2000e(h). It has approximately 6,053 employees of whom approximately 586 are black.1

Defendant IBEW is an unincorporated association doing business in the State of Virginia, and its principal office is in Washington, D.C. Defendants Local Union No. 216, Harrisonburg; Local Union No. 220, Clifton Forge; Local Union No. 289, South Boston; Local Union No. 655, Charlottesville; Local Union No. 699, Falls Church; Local Union No. 905, Newport News; Local Union No. 980, South Norfolk, and Local Union No. 1064, Richmond; (Locals) are unincorporated associations doing business in Virginia.

A System Council of IBEW Local Unions was established February 1, 1944, by agreement of the Executive Boards of the defendant Locals. It was eventually approved by the IBEW International President March 7, 1944. The primary function of the Council is to represent the Locals in contract negotiations with VEPCO. It also processes certain grievances and other matters specifically referred to it by the Locals or by VEPCO.

The Locals are chartered by the IBEW upon meeting specified IBEW criteria. All bargaining agreements or amendments must be submitted by the Locals to the International President for approval. Failure to secure such approval renders all such agreements or amendments null and void. All agreements between the Locals and VEPCO must recognize that the Locals are a part of the IBEW and all agreements must conform to the IBEW constitution. The System Council is in the same relationship with the IBEW as are the Locals.

At all times material to this action defendant Unions have been the exclusive bargaining representatives for hourly employees of VEPCO with respect to wages, rates of pay, hours of employment, working conditions, and other conditions of employment. As of January 1, 1971, there were approximately 2,990 employees in the collective bargaining agreement. Of these, 497 or 16.6% were

327 F. Supp. 1037
black. All of the Unions represented by the System Council have entered into a single collective bargaining agreement with VEPCO

The current collective bargaining agreement became effective April 1, 1967, and was amended with respect to wages on April 1, 1968, April 1, 1969 and April 1, 1970.2 Both current and superseded collective bargaining agreements were signed by the IBEW International Representative and approved by the IBEW International President. Subsequent amendments were approved, as required, by the IBEW constitution, and the IBEW is a party to the collective bargaining agreement.

The collective bargaining agreements in effect during the time material to this action set forth each job classification within the recognized IBEW bargaining unit. The collective bargaining agreements also provide for establishment of lines of promotion within each department of VEPCO.

It is clear that it takes several years of training in order to qualify for most of VEPCO's top IBEW bargaining unit jobs. For this reason, VEPCO generally fills those jobs with men trained and developed by VEPCO. This, in itself, is not unreasonable, so long as all qualified employees have the opportunity to reach those levels.

The manner in which these men are trained is that the lines of progression at VEPCO are groups of jobs, usually functionally related, through which employees progress from the entry level job in the line to successively higher paying jobs. There are also some jobs not within progression lines.

VEPCO is divided into eleven geographic districts and three systems which are companywide. Within these eleven districts and three systems there are a total of 31 departments. The departments and numbers of employees are as follows:3

 WHITE BLACK
                POTOMAC
                 Trans. & Distr. 287 40
                 Elec. Prod. (Possum Point) 77 17
                 ___ __
                 364 57
                PENINSULA
                 Gas Prod. 4 0
                 Gas Distr. 35 56
                 Trans. & Distr. 133 11
                 Elec. Prod. (Yorktown) 36 20
                 ___ __
                 208 87
                RICHMOND
                 Elec. Prod. (Chesterfield) 108 24
                 (12th Street) 33 9
                 Trans. & Distr. 292 33
                 Elec. Substation 29 4
                 ___ __
                 462 70
                RAPPAHANNOCK
                 Trans. & Distr. 69 5
                ALLEGHENY
                 Elec. Prod. 4 0
                 Trans. & Distr. 84 6
                 __ _
                 88 6
                ALBEMARLE
                 Trans. & Distr. 67 3
                SOUTHSIDE
                 Trans. & Distr. 121 10
                SYSTEM
                 System Motor Vehicle 64 20
                 System Stores 102 14
                 System Elec. Salvage 28 11
                 ___ __
                 194 45
                BLUE RIDGE
                 Trans. & Distr. 154 14
                 Elec. Prod. (Mt. Storm) 117 1
                 (Bremo) 54 9
                 ___ __
                 325 24
                NORFOLK
                 Elec. Substation 37 7
                 Trans. & Distr. 305 61
                 Gas Prod. 4 0
                 Gas Distr. 73 64
                 Elec. Prod. (Reeves) 26 5
                 (Portsmouth) 77 20
                 ___ __
                 522 157
                

327 F. Supp. 1038
PETERSBURG Trans. & Distr. 81 10 Elec. Prod. 30 1 ___ __ 111 11 ROANOKE Elec. Prod. 15 6 Trans. & Distr. 51 7 __ __ 66 13 IBEW bargaining units jobs within the various departments are held by the following numbers of white and black employees WHITE BLACK TRANSMISSION AND DISTRIBUTION Lines of Progression Electric Serviceman (1st class) 116 0 Lead Lineman 118 0 Lineman 380 6 Lineman Trainee 171 11 Network Lineman 34 0 Network Lineman Trainee 8 0 Meterman 53 0 Meterman Trainee 12 0 Electrician 71 0 Electrician Trainee 8 0 Line Truck Driver (Auger) 57 4 Line Truck Driver 11 3 Helper 40 3 Groundman 270 112 Concrete Worker 0 0 Truck Driver 1 0 Laborer 4 24 TRANSMISSION AND DISTRIBUTION Jobs not in a Line of Progression Utility Electrician 7 2 Meter Tester 2 0 Repairman 1st Class 0 0 Network Installer 2 0 Line Installer 7 0 Tractor Earth Auger Driver 1 0 Rubber Goods Tester 3 1 Crane and Equip. Man 1 0 Meter Installer 2nd Class 33 0 Substation Operator A Sub 4 0 Junior Meter Tester 3 0 Meter Reader 157 10 Collector 13 0 Meter Repairman 1st Class 1 0 Shop Meter Tester 0 0 Meter Repairman 2nd Class 0 0 Electrician Helper 10 0 Helper Underground 6 0 Meter Helper 3 0 Maintenance Man 18 8 Laborer 0 0 Janitor 0 8 Charwoman 0 0 ELECTRIC PRODUCTION Lines of Progression Control Room Operator 16 0 Switchboard Operator 29 0 High Pressure Boiler Opr. 52 0 Assistant Control Room Opr. 17 0 High Pressure Turbine Opr. 19 1 Low Pressure Turbine Opr. 0 0 Assistant High Pressure Boiler Opr. 30 0 High Pressure Auxiliary Opr. 76 4 Electrician 43 0 Electrician Trainee 15 1 Mechanic 92 1 Mechanic Trainee 41 2 Machinist 1st Class 9 0 Machinist 2nd Class 5 0 Welder 1st Class 27 2 Welder 2nd Class 8 0 Hydro Operator A 5 0 Hydro Auxiliary Operator 3 0 Coal Equip. Opr. 1st Class 8 7 Operating Helper 5 8 Coal and Ash Handler 9 19 Hydro Helper 0 4 Laborer 18 49 ELECTRIC PRODUCTION Jobs not in a Line of Progression Utility Electrician 7 0 Repairman 7 0 Plant Clerk 0 0 Maintenance Helper 3 6 Electrician Helper 3 0 Maintenance Man 12 6 Gateman 0 0 Plant Clerk B 1 0 Charwoman 0 1 Janitor 0 0 ELECTRIC SUBSTATION Lines of Progression Electrician 39 0 Electrician Trainee 6 0 Truck Driver 0 2 Laborer 0 3 Jobs not in a Line of Progression Utility Electrician 2 0 Electrician Helper 4 0 Maintenance Man 9 6 GAS DISTRIBUTION Lines of Production Meter Repairman 1st Class 6 0 Meter Repairman 2nd Class 5 1 Helper 6 1 Complaint Man 39 1 Meter Installer and Combination Man 22 1 Helper 111 1 Construction Mechanic 0 10 Gas Fitter 0 10 Construction Machine Opr. 0 13 Pipe Layer 0 25 Materials Truck Driver 0 2 Truck Driver 0 13 Laborer 0 37 Jobs not in a Line of Progression Gas Service Man 7 1 Equipment Man 3 0 Welder 0 4 Dripman 0 1 GAS PRODUCTION Lines of Progression Gas Plant Helper 0 0 Gas Plant Opr. 6 0 Gas Plant Mechanic 2 0

327 F. Supp. 1039
SYSTEM ELECTRIC SALVAGE Line of Progression Electrician 1st Class 4 0 Electrician 2nd Class 10 0 Electrician Helper 6 2 Shop Repairman 1st Class 3 0 Shop Repairman 2nd Class 5 1 Helper 0 0 Salvageman 0 4 Laborer 0 4 Jobs not in a Line of Progression Utilityman 0 0 SYSTEM MOTOR VEHICLE Line of Progression Auto Mechanic 1st Class 32 0 Helper 9 5 Auto Mechanic 2nd Class 14 4 Crane Tractor Driver 2 0 Tractor Trailer Driver 6 1 Heavy Freight Driver 1 0 Garageman 0 10 Laborer 0 0 SYSTEM STORES Lines of Progression Storekeeper A 45 1 Storekeeper B 14 0 Stock
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9 practice notes
  • Chrapliwy v. Uniroyal, Inc., Civ. No. 72 S 243.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • May 31, 1977
    ...United States v. Central Motor Lines, Inc., 338 F.Supp. 532 (W.D.N.C.1971); United States v. Virginia Electric & Power Co., 327 F.Supp. 1034 (E.D.Va.1971); and Irvin v. Mohawk Rubber Co., 308 F.Supp. 152 (E.D. Ark.1970). The more difficult question now facing the court is whether Uniroyal b......
  • Pettway v. American Cast Iron Pipe Company, No. 73-1163.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 22, 1974
    ...980 (5th Cir. 1969); Stamps v. Detroit Edison Co., 365 F.Supp. 87 (E.D.Mich.1973); United States v. Virginia Electric and Power Company, 327 F.Supp. 1034 (E.D.Va.1971); Quarles v. Philip Morris, Inc., 279 F.Supp. 505 (E.D.Va.1968). 34 Statistical evidence in Title VII cases has often been g......
  • Stamps v. Detroit Edison Co., Civ. A. No. 36515
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • October 2, 1973
    ...The defendant Detroit Edison seeks to rely on the district court's citation in United States v. Virginia Electric & Power Co., 327 F. Supp. 1034 (E.D.Va.1971), of the fact that the area served by the utility in that case was 18.6 percent black. But the court in that case did not rely on the......
  • Kaplan v. International Alliance of Theatrical and Stage Emp. and Motion Picture Mach. Operators of U.S. and Canada, Nos. 73--2555
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • November 5, 1975
    ...collective bargaining agreement has been held to constitute a violation of Title VII. United States v. Virginia Electric and Power Co., 327 F.Supp. 1034, 1042 (E.D.Va.1971). See United States v. Bethlehem Steel Corp., 312 F.Supp. 977, 990--91 (W.D.N.Y.1970), modified relief, 446 F.2d 652 (2......
  • Request a trial to view additional results
9 cases
  • Chrapliwy v. Uniroyal, Inc., Civ. No. 72 S 243.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • May 31, 1977
    ...United States v. Central Motor Lines, Inc., 338 F.Supp. 532 (W.D.N.C.1971); United States v. Virginia Electric & Power Co., 327 F.Supp. 1034 (E.D.Va.1971); and Irvin v. Mohawk Rubber Co., 308 F.Supp. 152 (E.D. Ark.1970). The more difficult question now facing the court is whether Uniroyal b......
  • Pettway v. American Cast Iron Pipe Company, No. 73-1163.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 22, 1974
    ...980 (5th Cir. 1969); Stamps v. Detroit Edison Co., 365 F.Supp. 87 (E.D.Mich.1973); United States v. Virginia Electric and Power Company, 327 F.Supp. 1034 (E.D.Va.1971); Quarles v. Philip Morris, Inc., 279 F.Supp. 505 (E.D.Va.1968). 34 Statistical evidence in Title VII cases has often been g......
  • Stamps v. Detroit Edison Co., Civ. A. No. 36515
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • October 2, 1973
    ...The defendant Detroit Edison seeks to rely on the district court's citation in United States v. Virginia Electric & Power Co., 327 F. Supp. 1034 (E.D.Va.1971), of the fact that the area served by the utility in that case was 18.6 percent black. But the court in that case did not rely on the......
  • Kaplan v. International Alliance of Theatrical and Stage Emp. and Motion Picture Mach. Operators of U.S. and Canada, Nos. 73--2555
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • November 5, 1975
    ...collective bargaining agreement has been held to constitute a violation of Title VII. United States v. Virginia Electric and Power Co., 327 F.Supp. 1034, 1042 (E.D.Va.1971). See United States v. Bethlehem Steel Corp., 312 F.Supp. 977, 990--91 (W.D.N.Y.1970), modified relief, 446 F.2d 652 (2......
  • Request a trial to view additional results

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