Younger v. Glamorgan Pipe & Foundry Co.
| Decision Date | 23 September 1977 |
| Docket Number | Nos. 76-2278,AFL-CIO,s. 76-2278 |
| Citation | 561 F.2d 563 |
| Parties | 18 Fair Empl.Prac.Cas. 454 Thomas YOUNGER, Individually, and on behalf of others similarly situated, Appellant, v. GLAMORGAN PIPE AND FOUNDRY COMPANY, a corporation, Appellee, Local 2864 of the United Steelworkers of America,, an unincorporated association, and the United Steelworkers of America,, an unincorporated association, Defendants. Thomas YOUNGER, Individually, and on behalf of others similarly situated, Appellee, v. GLAMORGAN PIPE AND FOUNDRY COMPANY, a corporation, Appellant, Local 2864 of the United Steelworkers of America,, an unincorporated association and the United Steelworkers of America,, an unincorporated association, Defendants. Thomas YOUNGER, Individually, and on behalf of others similarly situated, Plaintiff, v. GLAMORGAN PIPE AND FOUNDRY COMPANY, Appellant, Local 2864 of the United Steelworkers of America,, an unincorporated association, Appellee, United Steelworkers of America,, an unincorporated association, Defendant. Thomas YOUNGER, Individually, and on behalf of others similarly situated, Plaintiff, v. GLAMORGAN PIPE AND FOUNDRY COMPANY, a corporation, Appellant, United Steelworkers of America,, an unincorporated association, Appellee, Local 2864 of the United Steelworkers of America,, an unincorporated association, Defendant. to 76-2281. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Randall G. Johnson, Richmond, Va. (Henry L. Marsh, III, William H. Bass, III, Hill, Tucker & Marsh, Richmond, Va., Jerry L. Williams, Danville, Va., Jack Greenberg and Barry L. Goldstein, New York City, on brief), for appellant in 76-2278, appellee in 76-2279.
John R. Erickson, Washington, D. C. (Francis T. Coleman, Washington, D. C., on brief), for appellee in 76-2278, appellant in 76-2279, 76-2280 and 76-2281.
John C. Falkenberry, Birmingham, Ala. (Cooper, Mitch & Crawford, Birmingham, Ala., Michael H. Gottesman, Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., Bernard A. Kleiman, Chicago, Ill., on brief), for appellee in 76-2278, 76-2280 and 76-2281.
Before WINTER, BUTZNER and RUSSELL, Circuit Judges.
We decide that the district court's final order in this suit, brought under the provisions of Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq., to redress alleged discriminatory employment practices, must be vacated and the case remanded for further consideration in the light of controlling Supreme Court decisions announced since the district court's decision.
The suit is a class action by black employees and former employees of Glamorgan Pipe and Foundry Co. (Glamorgan) against it and the unions which represent Glamorgan employees in collective bargaining. Plaintiffs' basic claim is that defendants practiced racial discrimination with respect to the compensation, terms, conditions and privileges of employment, promotion and transfer of black employees after the effective date of the Act (July 2, 1965). As set forth in two written opinions, Younger v. Glamorgan Pipe and Foundry Company, 418 F.Supp. 743 (W.D.Va.1976), the district court made a number of basic findings. It found that blacks tend to predominate in Glamorgan's melting, Delavaud finishing and soil pipe finishing departments, and its labor pool. It concluded, however, that "(p)laintiffs failed to show why the situation exists or that the Company intended for it to exist (and) (d) efendants, by the same token, failed to show why the situation exists or that it did not result from racially discriminatory practices, although unintentional." 418 F.Supp. at 761.
The district court also found that until 1969...
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