CCASE_NAME:
DOL v. UGI Corp.
CCASE_NO:
89-OFC-36
DDATE:
19900827
TTITLE:
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
TTEXT:
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DATE: August 27, 1990
CASE NO. 89-OFC-36
In the Matter of
U.S. Department of Labor,
Plaintiff
v.
UGI Corp. Gas Utility Division,
Defendant
Appearances:
JOAN M ROLLER, ESQUIRE
Attorney for Plaintiff
NORMAN WHITE, ESQUIRE
Attorney for Defendant
BEFORE: PAUL H. TEITLER
Administrative Law Judge
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
On August 20, 1990 Joan M. Roller, Esquire, attorney for the U.S.
Department of Labor, Office of Federal Contract Compliance Programs,
moved to dismiss the above captioned case on the ground that a
Settlement Agreement dated August 2, 1990 had been signed by all the
parties; Robert P. Davis, Solicitor of Labor, Marshall H. Harris,
Regional Solicitor, Joan M. Roller, Regional Counsel - ESA, for the
Plaintiff, and Norman White, Esquire, for the Defendant.
A proposed Settlement Agreement was made a part of the moving
papers and is marked Joint Exhibit I.
I have carefully considered the facts involved in this case and
the difficult legal and factual questions in dispute, as well as the
criteria set forth in 41 CFR Part 60, and upon careful evaluation of
the same, I conclude that the settlement is fair and in the best
interests of the parties. Moreover, I find that the settlement was
arrived at without duress, and only after full exploration by the
parties of all issues in dispute and the difficult legal and factual
questions involved.
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Accordingly, pursuant to 41 CFR Part 60-30.27, It is my
Recommended Decision that the Settlement (Joint Exhibit I) be approved
by the Secretary of Labor.
_________________________
PAUL H. TEITLER
Administrative Law Judge
Camden, New Jersey
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SERVICE SHEET
Name of Case: U.S. Department of Labor v. UGI Corp. Gas Utility
Division
Case No: 89-OFC-36
Title of Document: RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
I certify that a copy of the above document was sent to the
following:
__________________________
Antoinette Rossetti
Legal Technician
DATED: August 27, 1990
REGULAR MAIL
Solicitor of Labor Div. of Civil Rights
U.S. Department of Labor Office of the Solicitor
Room S-2002, FPB U.S. Department of Labor
200 Constitution Ave., N.W. Room N-2464
Washington, DC 20210 200 Constitution Ave., N.W.
Washington, DC 20210
Attn: Counsel for Litigation
David O. Williams Marshall H. Harris
Office of the Special Counsel Regional Solicitor
U.S. Department of Labor U.S. Department of Labor
ETA 3535 Market St.
Room N-4671 Philadelphia, PA 19104
200 Constitution Ave., Attn: Joan M. Roller, Esq.
Washington. DC 20210
Office of Federal Contract Norman I. White, Esq.
Compliance Programs McNees, Wallace & Nurick
U.S. Department of Labor 100 Pine St.
Room C-3325 P.O Box 1166
200 Constitution Ave., N.W. Harrisburg, PA 17108-1166
Washington, DC 20210
Acting Associate Solicitor
U.S. Department of Labor
Room 2464
200 Constitution Ave., N.W.
Washington, DC 20210
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SETTLEMENT AGREEMENT
BETWEEN
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
AND
UGI CORPORATION GAS UTILITY DIVISION, MORGANTOWN ROAD FACILITY
PART I. GENERAL PROVISIONS:
1. This Agreement is between the Office of Federal Contract
Compliance Programs (hereinafter OFCCP) and UGI
Corporation Gas Utility Division, Morgantown Road
facility (hereinafter UGI).
2. The problem areas identified in this Agreement were found
during the review of UGI, which commenced June 10, 1988,
and they were specified in the Show Cause Notice issued
July 13, 1988, attached hereto as Exhibit A. OFCCP
alleges that UGI has violated Executive Order 11246, as
amended, 38 U.S.C. [[ line 17 SS ]]2012, the Vietnam Era Veterans
Readjustment Assistance Act of 1974, as amended, Section
503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. [[ line 20 SS ]]793 and their implementing regulations by failing
to meet all requirements of 41 C.F.R. [[ line 21 SS ]]60-2, 41 C.F.R.
[[ line 22 SS ]] 60-250 and 41 C.F.R. [[ line 22 SS ]]60-741.
3. This Agreement does not constitute an admission by UGI of
any violation of Executive Order 11246, as amended, or its
implementing regulations, 38 U.S.C. [[ line 25 SS ]]2012, the Vietnam
Era Veterans Readjustment Assistance Act of 1974, as
amended or Section 503 of the Rehabilitation Act of 1973,
as amended, and their implementing regulations. The
provisions of this Agreement will become part of UGI's
Affirmative Action Program.
Subject to the performance of all promises and
representations contained herein and in its Affirmative
Action Program, all identified problem areas in this
Agreement in regard to the compliance of UGI with
Executive Order 11246, as amended, 38 U.S.C. [[ line 35 SS ]]
2012, the Vietnam Era Veterans Readjustment Assistance Act of
1974, as amended. Section 503 of the Rehabilitation Act, as
amended, and their implementing regulations, shall be
resolved.
4. UGI agrees that OFCCP may review compliance with this
Agreement. As part of such review, OFCCP may require
written reports, inspect the premises, examine witnesses,
and examine and copy documents, as may be relevant to the
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matter under investigation and pertinent to UGI's
compliance. UGI shall permit access to its premises during
normal business hours for these purposes, upon written notice
by OFCCP specifying the time and date of the visit. If the date
of the proposed visit is inconvenient for UGI, it may request
an alternative date.
5. Nothing herein is intended to relieve UGI from compliance
with the requirements of Executive Order 11246, as
amended, 38 U.S.C. [[ page 2 line 9 SS ]] 2012, as amended, 29
U.S.C. [[ page 2 line 9 SS ]] 793 or their implementing regulations.
UGI hereby agrees that it is subject to the requirements of Executive
Order 11246, 38 U.S.C. Section 2012, 29 U.S.C. Section 793 and
their implementing regulations.
6. UGI agrees that there will be no retaliation of any kind
against any beneficiary of this Agreement, or against any
person who has provided information or assistance, or who
files a charge, or who participates in any manner in any
proceeding under Executive Order 11246, as amended, 38
U.S.C. [[ page 2 line 19 SS ]] 2012, the Vietnam Era Veterans
Readjustment Assistance Act of 1974, as amended, or Section 503
of the Rehabilitation Act of 1973, as amended or any other equal
employment statute or Executive Order.
7. (a) If, at any time in the future, OFCCP believes that UGI
has violated any portion of this Agreement, UGI will be
promptly notified of that fact in writing. This
notification shall include a statement of the facts and
circumstances relied upon in forming that belief. In
addition, the notification will provide UGI with 15 days
from receipt of the notification to respond in writing
except where OFCCP alleges that such delay would result in
irreparable injury. The original of the notification
letter will be sent to the Vice-President and General
Manager of the Morgantown Road facility with a copy to the
Industrial Relations Manager at the Morgantown Road
facility.
(b) It is understood that enforcement proceedings for
violation of this Agreement may be initiated at any time
after the 15 day period has elapsed (or sooner, if
irreparable injury is alleged) without issuance of a show
cause notice. UGI may request a brief extension of time
to respond to the notification letter, which request will
not be unreasonably denied.
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(c) It is further recognized that liability for violation
of this Agreement may subject UGI to sanctions set forth
in Section 209 of the Executive Order, or the sanctions
set forth in 60-250.28, or the sanctions set forth in
60-741.28 and/or appropriate relief.
PART II. SPECIFIC PROVISION:
1. Problem Area:
UGI failed to compile and maintain the support data
required for the analysis of its Affirmative Action
Program. Specifically UGI failed to compile and maintain
any data on application flow for hires and applicants
considered for promotional opportunities during the
period January 1, 1989 through December 31, 1989, in
violation of 41 C.F.R. 60-2.12(m), 60-3.4, and 60-3.15(a).
Corrective Action:
UGI must compile and maintain the support data required
for the analysis of its affirmative action program,
including applicant flow for hires and applicants
considered for promotional opportunities.
2. Problem Area:
UGI failed to develop and execute action-oriented
programs designed to eliminate problems and obtain goals
for females and minorities in the Managers I job group and
for minorities in the Skilled Craft job group during the
period January 1, 1989 through December 31, 1989, in
violation of 41 C.F.R. 60-2.13(f) and 60-2.2(c)(1).
Remedy: Within thirty (30) days of the effective date
of this Agreement, UGI will implement the following
affirmative action steps which will ensure that a good
faith effort is made to attain established goals and
objectives for females and minorities in the Managers I
job group and for minorities in the Skilled Craft job
group.
a. UGI represents that the Managers I job group is
generally filled by promotions from within the
company, from the Managers II and Professional
job groups. When recruiting outside the company
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for applicants for job vacancies in the
Managers I and II and professional job groups,
UGI's Employee Relations Manager will
specifically define the minimum education,
experience, and other qualifications for the
vacant positions. Additionally, UGI's
Employee Relations Manager will utilize these
minimum qualifications in all if his/her
recruitment efforts, including written
solicitations to employment agencies and
recruitment sources.
b. When recruiting outside the company for
applicants for job vacancies in the Managers I
and II job groups and the Professional job
group, UGI's Employee relations Manager agrees
to recruit minority and female applicants by
providing position descriptions that list the
duties, minimum qualifications, and salary
information for each job to at least the
following organizations, at least two (2) weeks
before interviewing is initiated:
1. LaMonte Owens, Inc.
805 East Willow Grove Avenue
Philadelphia, PA 19118
(215) 248-0500
Mr. LaMonte Owens - President
2. R & L Enterprises
701 South 12th Street
P.O. Box 53874
Philadelphia, PA 19105
(215) 629-0704
Mr. Raymond Mungro - President
3. Execu Search Personnel Consultants
1319 Chestnut Street, 2nd Floor
Philadelphia, PA 19103
(215) 977-9510
Mr. Walter Mites - Manager
c. UGI represents that the Skilled Craft job group
is filled pursuant to the posting provisions of
its collective bargaining agreement with Local
No. 600 of the Gas Fitter-Utility Employee
Union. Skilled Craft jobs are normally filled
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by persons holding Operatives jobs. Operative
jobs are normally filled from the entry-level
Laborers job group. When recruiting applicants
outside the company for job vacancies in the
Skilled Craft, Operative, or Laborers job
groups, UGI's Employee Relations Manager will
specially define the minimum education,
experience, and other qualifications for the
vacant positions. Additionally UGI's Employee
Relations Manager will utilize these minimum
qualifications in all of his/her recruitment
efforts, including written solicitations to
employment agencies and recruitment sources.
d. When recruiting outside the company for
applicants for job vacancies in the
Skilled Craft, Operative, and Laborers job
groups, UGI's Employee Relations Manager
agrees to recruit minorities by providing
position descriptions that list the duties,
minimum qualifications, and salary information
for each job to the following organization, at
least two (2) weeks before interviewing is
initiated:
Office of Employment Security
625 Cherry Street
Reading, PA 19602
(215) 378-4310
Mr. Salvatore A. Natale - Job Services Manager
e. UGI's Employee Relations Manager will maintain
records of all his/her recruitment efforts,
referrals, interviews, job offers, rejections,
and reasons for rejection for every Manager I,
Manager II, Professional, Skilled Craft,
Operative, and Laborer job group vacancy. In
addition, the Employee Relations Manager will
maintain the resumes and/or applications of all
applicants for vacancies in the above-listed
six job groups. The Employee Relations Manager
will maintain these records for the entire time
this Agreement is in effect.
f. If, it becomes evident that these
action-oriented programs are not effecting
recruitment of females and minorities into the
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Managers I and Skilled Craft job groups, UGI's
Employee Relations Manager will develop new
strategies to generate female and minority
applicants as opportunities occur.
PART III. REPORTING
UGI will submit two (2) reports to OFCCP. Both reports will include
the number of contacts made with the recruitment sources listed
herein, the jobs for which applicants were requested and the
results. For each referral include:
Date of referral
Name of Applicant
Race of Applicant
Sex of Applicant
Referral source
Job under consideration
Whether applicant was interviewed
Disposition
The first report will also include documentation showing that UGI
has established a system to compile and maintain the support data
required for the analysis of its Affirmative Action Program
including applicant flow for hires and applicants considered for
promotional opportunities.
The first report is due on January 15, 1991 and will cover the period
July 1, 1990 through December 31, 1990 the second report is due July
15, 1991 and will cover the period January 1, 1991 through June 30, 1991.
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PART IV. OTHER PROVISIONS
This Settlement Agreement shall remain in full force and effect
until such time as UGI is found by OFCCP to have met the terms of this
Agreement but shall expire no later December 31, 1991.
Upon full execution of this Settlement Agreement by all the parties,
plaintiff will file with the Office of the Administrative Law Judges
a motion to dismiss its complaint.
UGI Corporation Gas Utility Office of Federal Contract
Division, Morgantown Road Division Compliance Programs
BY:_____________________
BY:
_______________________ ______________________
Norman White, Esquire Robert P. Davis
Solicitor of Labor
Attorney for Defendant UGI
Date: 8/2/90 ______________________
Marshall H. Harris
Regional Solicitor
______________________
Joan M. Roller
Regional Counsel - ESA
U.S. DEPARTMENT OF LABOR
Attorneys for Plaintiff
Date:
