Williams v. Owens-Illinois, Inc., C-75-1197 RHS.
| Decision Date | 15 March 1979 |
| Docket Number | No. C-75-1197 RHS.,C-75-1197 RHS. |
| Citation | 469 F. Supp. 70 |
| Court | U.S. District Court — Northern District of California |
| Parties | Floyd WILLIAMS, et al., Plaintiffs, v. OWENS-ILLINOIS, INC., Defendant, |
George T. Withy, Allan C. Miller, Elaine Gertsler, Ginger Gould, Withy, Gould, Miller & Gertsler, Berkeley, Cal., for plaintiffs.
Marvin D. Morgenstein, Michael A. Kahn, Mary C. Castle, Steinhart, Goldberg, Feigenbaum & Ladar, San Francisco, Cal., for defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Findings of Fact and Conclusions of Law herein are based upon the findings of the Court and, in those cases of unanimous agreement by the Jury, upon the Jury's verdict. As to matters not unanimously agreed to by the Jury, the Court has found the facts to be in accordance with the view of a majority of the jurors.
On or before January 19, 1979, the parties shall submit proposed forms of judgment, suggestions of the relief appropriate to the findings of fact relating to the class of female employees, memoranda relating to the back pay due plaintiff Alice Brice, and any other matters properly to be brought to the attention of the Court. All of such matters will be heard at 9:30 a. m., on Friday, February 2, 1979.
1. Defendant's Oakland Plant is located in Oakland, California, on the border of Alameda, California. It is within commuting distance of the California cities of Oakland, Hayward, Alameda, San Leandro, Fremont, Richmond, San Lorenzo, Union City and Berkeley. During the period January, 1971 through July 31, 1978 the following percentage of its employees were hired from those cities: Oakland — 46.1%; Hayward — 12.4%; Alameda — 9.7%; San Leandro — 8.6%; Fremont — 4.0%; Richmond — 3.13%; San Lorenzo—3.1%; Union City— 2.4%; Berkeley — 1.8%; other cities — 8.6%.
2. Of the persons hired in the period from March 7, 1971, through July 31, 1978, and still employed on July 31, 1978, 35% were Black, 41% were White, and 23% were non-Black minority; information on the remaining 1% was not available.
3. The work force statistics by race of all employees at the Oakland Plant for the following years was as follows:
1971: Minority — 30.5%
Black — 14.8%
Caucasian — 69.5%
March 31, 1973: Minority — 31%
Black — 20%
Caucasian — 69%
August 31, 1974: Minority — 38.5%
Black — 19%
Caucasian — 61.5%
March 31, 1975: Minority — 39%
Black — 19%
Caucasian — 61%
March 31, 1976: Minority — 40%
Black — 20%
Caucasian — 60%
March 31, 1978: Minority — 45%
Black — 23%
Caucasian — 55%
4. In the initial assignment of new hires, Owens-Illinois did not discriminate against Black employees. The evidence established that assignment of new employees was based upon job openings and qualifications of the employee without regard to the race of the employee.
5. With respect to all employees who were paid an hourly rate, which employees composed 90% of the work force of the Oakland plant, Black and non-Black employees were paid the amounts required to be paid to them pursuant to the collective bargaining agreements applicable to those jobs, and no Black employee was paid either less than the amount required to be paid pursuant to a collective bargaining agreement or less than a non-Black employee in a similar job.
6. With respect to salaried employees, Black employees were paid an amount equal to non-Black employees for similar work, and no Black employee was paid less than the amount established by a bona fide job evaluation system for the job performed.
7. The percentage of Black employees hired by the Oakland plant commencing March 7, 1971 when compared with the percentage of Black persons in the civilian work force for the cities from which it would be anticipated that employees for the Oakland plant would be hired, demonstrates that the Black percentage of persons hired was equal to or greater than the number of Black persons in the applicable civilian work force, so that no finding can be made that Owens-Illinois discriminated against Black persons in hiring from a comparison of the civilian work force statistics with the Oakland plant statistics.
8. Black employees were not placed in jobs within departments, or in special departments, because of their race. The placing of employees was based upon job vacancies in the departments and the qualifications of the employees seeking those vacancies, without regard to race.
9. When an employee was employed in a job covered by a collective bargaining agreement, the promotion of that employee in hourly jobs was controlled by the system provided in the employee's collective bargaining agreement, and Owens-Illinois followed the procedure for promotion established by the collective bargaining agreements.
10. Promotion of employees, from hourly jobs to salaried jobs, and promotion of employees in the salaried jobs, was not made with regard to the employee's race, nor were Black employees as a class denied promotions because of their race.
11. The variance and regression analyses introduced into evidence by plaintiffs did not establish, or support a claim that Owens-Illinois discriminated against its employees in their pay on the basis of the race of the employee, or the sex of the employee.
12. Plaintiffs failed to prove that Owens-Illinois engaged in any policy, pattern, or practice of terminating Black employees because of their race.
13. Job vacancies in the hourly jobs at the Oakland plant have been filled without regard to the employee's race. Where a job vacancy was a promotion pursuant to a collective bargaining agreement, the job was filled pursuant to the terms of the collective bargaining agreement, without regard to the race of the applicant. Where the job was not a promotion within a department, but was an entry into the department, it was filled without regard to the race of the applicant.
14. Vacancies in salaried jobs at the Oakland plant were filled without regard to the race of the applicant.
15. Job vacancies in the Teamster, Warehouse, Corrugated and Mold Repair departments required that the vacancies be filled through hiring halls pursuant to collective bargaining agreements between Owens-Illinois and the unions which represented the employees within the departments. Entry into the Maintenance, Central Mold Shop, Machine Repair and Forming departments were through apprenticeship programs administered by the union which represented the employees in the department and Owens-Illinois. The use of the union hiring halls and the use of the apprenticeship programs did not discriminate against any Black employees because of their race.
16. There is no evidence that Black employees as a class were denied jobs for which there were vacancies since March 7, 1971.
17. Since March 7, 1971, the procedure for promotion of hourly employees and the pay of those employees has been covered by collective bargaining agreements between Owens-Illinois and the union representing the employees of the department. The requirements of the agreements for promotion and pay of union employees has been adhered to by Owens-Illinois at all times since March 7, 1971; and the effect and impact of the provisions of the collective bargaining agreements has not had any adverse impact or effect upon Black persons as a class and has not had the effect of denying any job or promotion or pay increase or any other term or condition of employment to any Black person because of his race.
18. Since March 7, 1971, there was no evidence that Black persons as a class were denied jobs for which there were vacancies in any department at the Oakland plant.
19. During the trial plaintiffs offered evidence of isolated acts or practices which had occurred prior to March 7, 1971 with respect to Black persons. There was no evidence that any of those acts or practices continued, or had any present effect or impact upon Black persons, subsequent to March 7, 1971.
20. Since March 7, 1971 Owens-Illinois has not engaged in any policy, pattern or practice in hiring employees at its Oakland plant which either discriminated against, or had any adverse impact or effect upon Black persons because of their race.
1. This claim was brought pursuant to F.R.Civ.P., Rule 23(b)(2), by plaintiffs who sought to represent, and were certified to represent, a class of all Black employees
who were employed by Owens-Illinois at any time since March 7, 1971.
2. Since March 7, 1971, Owens-Illinois has not engaged in any pattern or practice which discriminated against its Black employees as a class in violation of either 42 U.S.C. § 1981 or Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
3. Such class of employees are not entitled to relief, injunctive or otherwise.
1. Since March 23, 1974 the Owens-Illinois Oakland plant has at all times employed between 1600 and 2000 employees in approximately 21 departments. Between 30% and 35% of the work force during this period of time have been female employees.
2. Since March 23, 1974 approximately 70% of the job vacancies at the Oakland plant have been in three job classifications: lehr attendant, carton assembler, and selector.
3. The job of selector requires the employee to inspect bottles which are moving along an assembly line and to pack them into cartons for delivery. The selector must check the quality of bottles and discard the defective ones. The job requires a small amount of manual dexterity but generally can be accomplished by anyone.
4. The job of carton...
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