Equal Employ Opport, et al v. Local 638, et al
| Equal Employment Opportunity Commission, Willie Ellis, Roysworth Grant, The City of New York and New York State Division of Human Rights |
| Local 638 etc, Local 580,International Association of Bridge, Structural and Ornamental Ironworkers, Joint Apprentice Journeyman Educational Fund, Allied Building Metal Industries, Local 28 Of The Sheet Metal Workers International Assoc., et.al and International Association of Bridge, Structural and Ornamental Iron Workers, Local Union 580, AFL-CIO |
| David Raff |
| Iran Bennett, Charles Brown, Leroy Pratt, Angel Vasquez, The Hispanic Society of Sheet Metal Workers and Individual Black and Hispanic sheet metal workers |
| The Hispanic Society, Anthony Flores, Robert Lee Taylor, Sr. and Melborne Pearson |
| Local 638 etc and Local 28 Of The Sheet Metal Workers International Assoc., et.al |
| 1:1971cv02877 |
| June 29, 1971 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Michael H. Dolinger |
| Lewis A. Kaplan |
| Other Statutory Actions |
| 29 U.S.C. ยง 185 |
| Defendant |
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Filing
512
ORDER granting 510 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/28/2023) (tg)
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Filing
469
ORDER MODIFYING JANUARY 20, 1989 CONSENT DECREE granting 464 Motion to Alter Judgment re: 464 MOTION to Alter Judgment entered January 20, 1989. In light of the parties' December 22,2021 stipulation (Dkt. 464-2) to modify the January 20, 1989 Consent Decree, and the Court-appointed auditor's objections thereto: Local 28 has demonstrated a significant change in factual conditions since the entry of the Consent Decree on January 20, 1989; Local 28 shall no longer be required to prepare its annual and quarterly financial statements using the accrual basis of accounting; Upon request, Local 28 shall promptly provide any additional financial data or information to the Court-appointed auditor. SO ORDERED.. (Signed by Judge Lewis A. Kaplan on 1/24/22) (yv)
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Filing
462
MEMORANDUM AND ORDER. The EEOC hereby is ordered to produce documents and other relevant information-- not yet disclosed to the Court concerning the following issues: The EEOC's Outreach to Black and Hispanic Members. In support of its claim o f changed circumstances, the EEOC explains that it "reached out in writing to all Black and Hispanic members of the union" to invite them to share "any information or concerns about any discriminatory conduct" by Local 580 or A JEF. Dkt. 431 at 11. The EEOC asserts that "[t]hese conversations disclosed only a handful of concerns, often unrelated to discrimination." Id. The Court agrees with the Special Master that, in order for the Court to properly weigh the evidence, the EEOC must explain its methodology in selecting interviewees and conducting interviews, list the overall response rate, and disclose the results of the interviews taken including "when the outreach interviews occurred, who was in terviewed, who conducted the interviews, what questions were asked, and what the respondents said." Dkt. 435 at 11.2.Employment Opportunities for Black and Hispanic Members. The Court requires more information in support of the EEOC's cl aim that Defendants are "today committed to providing equal... employment opportunities to Black and Hispanic individuals. "2 Dkt. 431 at 10. In particular, the Court requests the data underlying the EEOC's pre-settlement analysis f or the period of 2009 to 2018 that purportedly uncovered no evidence of discrimination by Local 580. Id. Current Disparities in Hours Worked. The EEOC admits that "some disparities in hours worked by minority and nonminority union members rema in," but maintains that "there is no evidence that these disparities are due to discrimination in referrals made by the union." Id. The EEOC instead attributes the disparities to "differences in the average duration of job assi gnments and the hours worked per unit of time on the job." Id. at 10 n.7. The Court does not accept this explanation at this time, and requires a detailed accounting of the Parties' efforts to achieve proportionate working hours for Black and Hispanic members. The required submissions shall be filed no later than 60 days from the date of this order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/15/21) (yv)
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Filing
198
ORDER adopting 197 Report and Recommendations granting 167 Motion for Miscellaneous Relief filed by Charles Brown terminating 189 Motion to Enforce Judgment filed by Charles Brown. The Court hereby grants the contempt motion [DI 67] to the ext ent of awarding plaintiff-intervenor the sum of $42,189.88 against the defendant and denies it in all other respects. It adopts Judge Dolinger's characterization of the March 31, 2010 filing as a reply in support of the contempt motion. Accordingly, the Clerk shall terminate both DI 167 and 189. (Signed by Judge Lewis A. Kaplan on 3/29/2011) (tro)
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