CCASE_NAME:
OFCCP V. YELLOW FREIGHT SYSTEMS
CCASE_NO:
79-OFCCP-7
DDATE_ISSUED:
19930201
TTITLE:
CONSENT DECREE
TTEXT:
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UNITED STATES DEPARTMENT OF LABOR
OFFICE OF THE ASSISTANT SECRETARY
FOR THE EMPLOYMENT STANDARDS ADMINISTRATION
U.S. DEPARTMENT OF LABOR,
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, Case No. 79-OFCCP-7
Plaintiff,
v.
YELLOW FREIGHT SYSTEM, INC. CONSENT DECREE
Defendant.
Pursuant to 41 CFR 60-741.29(b) and 41 CFR 60-30.13,
this Consent Decree is entered into between the plaintiff United
States Department of Labor, Office of Federal Contract Compliance
Programs (OFCCP), and defendant Yellow Freight System, Inc.
(Yellow Freight) in resolution of the Administrative Complaint
filed by OFCCP pursuant to Section 503 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. 793 (Section 503). The
Administrative Complaint alleged that Yellow Freight discriminated
against certain qualified individuals with handicaps, in violation
of Section 503 when it failed to hire him for a mechanic's
position. Yellow Freight denies the allegations made in the
Administrative Complaint.
PART A. GENERAL PROVISIONS
1. The record on the basis of which this Consent
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Decree is entered, shall consist of the Complaint and this Consent
Decree, including Attachments A, B and C.
2. Attachments A, B and C consist of General Releases
and Covenants Not to Sue which will be tendered to Joseph Dawson,
Cornelius Hernandez, and Cliff Laurence, and must be executed by
each of them before they may receive any back pay hereunder.
3. This Consent Decree shall not become final until it
has been signed by the Administrative Law Judge.
4. This Consent Decree shall be binding upon Yellow
Freight and any and all purchasers, successors, assignees, and/or
transferees, and shall have the same force and effect as an order
made after a full hearing.
5. All further procedural steps to contest the binding
effect of the Consent Decree, and any right to challenge or
contest the obligations entered into in accordance with the
agreement contained in this Decree are waived by the parties.
6. This Consent Decree does not constitute an
admission by Yellow Freight of any violation of, or the
applicability of, Section 503 or its implementing regulations.
7. Subject to the performance by Yellow Freight of all
duties and obligations contained in this Consent Decree, all
alleged violations identified in the Administrative Complaint
filed in this proceeding shall be deemed fully resolved. However,
nothing herein is intended to relieve Yellow Freight from
compliance with the requirements of Section 503 or its
implementing regulations, nor to limit OFCCP's right to review
Yellow Freight's compliance with such requirements.
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PART B SPECIFIC PROVISIONS
1. OFCCP shall issue to each of the claimants, Joseph
Dawson, Cornelius Hernandez and Cliff Laurence, copies of the
General Release and Covenant Not to Sue which are attached hereto
as Attachments A, B and C. The aforementioned individuals shall
sign and return the releases to OFCCP.
2. OFCCP will furnish the signed releases, forthwith,
to Yellow Freight. Within 30 days of Yellow Freight's receipt of
the signed release, Yellow Freight shall furnish OFCCP checks for
the aforementioned individuals in the following gross amounts,
from which amounts Yellow Freight shall withhold lawful payroll
deductions (and in addition, shall make the employer's matching
FICA contribution):
Joseph Dawson $12,500
Cornelius Hernandez 14,500
Cliff Laurence 28,000
PART C IMPLEMENTATION AND ENFORCEMENT OF THE DECREE
1. Jurisdiction, including the authority to issue any
additional orders or decrees necessary to effectuate the
implementation of the provisions of this Consent Decree, is
retained by the Office of Administrative Law Judges for a period
of six months from the date this Consent Decree becomes final. If
any motion is pending before the Office of Administrative law
Judges six months from the date this Consent Decree becomes final,
jurisdiction shall continue beyond six months and until such time
as the pending motion is finally resolved.
2. The Agreement, herein set forth, is hereby approved
and shall constitute the final Administrative Order in this case.
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3. Each part agrees to bear its own fees and other
expenses incurred by each party in connection with any stage of
this proceeding.
IT IS SO ORDERED, this 1 st day of February, 1993.
ADMINISTRATIVE LAW JUDGE
UNITED STATES DEPARTMENT OF LABOR
SO AGREED.
On Behalf of YELLOW FREIGHT SYSTEM, INC.
By [[ name unreadable ]], Atty. Asst. Sec. DATE: Jan 13, 1993
YELLOW FREIGHT SYSTEM, INC.
RUSSELL, HANCOCK & JEFFRIES
By [[ name unreadable ]]
JOHN C. RUSSELL, Esq.
Attorneys for Defendant
On Behalf of THE OFFICE OF
FEDERAL COMPLIANCE PROGRAMS
MARSHALL J. BREGER
Solicitor of Labor
DANIEL W. TEEHAN
Regional Solicitor
By
ALAN M. RAZNICK DATE: January 27, 1993
Trial Attorney
UNITED STATES DEPARTMENT OF LABOR
Office of the Solicitor
71 Stevenson Street, Suite 1110
San Francisco, California 94105
Phone: (415) 744-6675
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SERVICE SHEET
Case Name: Yellow Freight Systems, Inc.
Case Number: 79-OFC-00007
Title of Document: DECISION AND ORDER
I certify that a copy of the above document was sent to the
following:
HEIDI BARROWS
Legal Technician
Dated: FEB -2 1993
Director Solicitor of Labor
Office of Administrative U. S. Department of Labor
Appeals Office of the Solicitor
U. S. Department of Labor Room S-2002, FPB
Room S-4309 200 Constitution Ave., N.W.
200 Constitution Ave., N.W. Washington, DC 20210
Washington, DC 20210
Special Counsel to the Office of Federal Contract
Assistant Secretary of Labor Compliance Programs
U. S. Department of Labor U. S. Department of Labor
Room N-4671 Room C-3325
200 Constitution Ave., N.W. 200 Constitution Ave., N.W.
Washington, DC 20210 Washington, DC 20210
Associate Solicitor Daniel W. Teehan
Civil Rights Division Office of the Solicitor
U. S. Department of Labor U. S. Department of Labor
Room N-2464 71 Stevenson St., Rm. 1110
200 Constitution Ave., N.W. San Francisco, CA 94105
Washington, DC 20210 Att: Alan Raznick, Esq.
John C. Russell, Esq. Ronald E. Sandhaus, Esq.
200 South Los Robles Ave. Yellow Freight Systems, Inc.
Suite 530 10990 Roe Ave.
Pasadena, CA 91101 Overland Park, KS 66211
Michael A. Hood, Esq. James D. Henry
695 Tower Center Drive Associate Solicitor for
17th Floor Civil Rights
Costa Mesa, CA 92626 Room N-2464
200 Constitution Ave., N.W.
Washington, DC 20210
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ATTACHMENT A
GENERAL RELEASE AND COVENANT NOT TO SUE
For and in consideration of the terms of the Consent
Decree entered into between Yellow Freight and the Office of
Federal Contract Compliance Programs (OFCCP) in the matter of
OFCCP v. Yellow Freight System, Inc., Case No. 79-OFCCP-7 on my
behalf, I, Joseph Dawson, do hereby fully waive, release, remit
and forever discharge Yellow Freight and any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers, and employees, from any and all claims demands
or causes of action arising under Section 503 of the
Rehabilitation Act of 1973, as amended, which relate to
discrimination in employment on the basis of handicap, whether
past or present, whether known or unknown, and whether or not in
litigation, which I, or acting on my behalf, my heirs, successors,
executors, administrators or assigns, may have based on any
action, omission, or event occurring prior to this date. Included
in this Release are any and all claims for future damages
allegedly arising from the alleged continuation of the effects of
any past action, omission, or event.
I further agree not to use or to institute any
proceedings against Yellow Freight, or any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers and employees, based on any of the claims or
causes of action encompassed within the foregoing paragraph.
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This General Release and Covenant Not to Sue is freely
executed in return for payment of gross wages of $12,500 less
legal payroll deductions to me by Yellow Freight upon execution of
this General Release and Covenant Not to Sue. In addition. Yellow
Freight will make the employer's matching FICA contribution.
JOSEPH DAWSON
City of
State of
Subscribed and Sworn to
before me this day
of , 1992.
NOTARY PUBLIC
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ATTACHMENT B
GENERAL RELEASE AND COVENANT NOT TO SUE
For and in consideration of the terms of the Consent
Decree entered into between Yellow Freight and the Office of
Federal Contract Compliance Programs (OFCCP) in the matter of
OFCCP v. Yellow Freight System, Inc., Case No. 79-OFCCP-7 on my
behalf, I, Cornelius Hernandez, do hereby fully waive, release,
remit and forever discharge Yellow Freight and any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers, and employees, from any and all claims demands
or causes of action arising under Section 503 of the
Rehabilitation Act of 1973, as amended, which relate to
discrimination in employment on the basis of handicap, whether
past or present, whether known or unknown, and whether or not in
litigation, which I, or acting on my behalf, my heirs, successors,
executors, administrators or assigns, may have based on any
action, omission, or event occurring prior to this date. Included
in this Release are any and all claims for future damages
allegedly arising from the alleged continuation of the effects of
any past action, omission, or event.
I further agree not to use or to institute any
proceedings against Yellow Freight, or any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers and employees, based on any of the claims or
causes of action encompassed within the foregoing paragraph.
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This General Release and Covenant Not to Sue is freely
executed in return for payment of gross wages of $14,500 less
legal payroll deductions to me by Yellow Freight upon execution of
this General Release and Covenant Not to Sue. In addition, Yellow
Freight will make the employer's matching FICA contribution.
CORNELIUS HERNANDEZ
City of
State of
Subscribed and Sworn to
before me this day
of , 1992.
NOTARY PUBLIC
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ATTACHMENT C
GENERAL RELEASE AND COVENANT NOT TO SUE
For and in consideration of the terms of the Consent
Decree entered into between Yellow Freight and the Office of
Federal Contract Compliance Programs (OFCCP) in the matter of
OFCCP v. Yellow Freight System, Inc., Case No. 79-OFCCP-7 on my
behalf, I, Cliff Laurence, do hereby fully waive, release, remit
and forever discharge Yellow Freight and any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers, and employees, from any and all claims demands
or causes of action arising under Section 503 of the
Rehabilitation Act of 1973, as amended, which relate to
discrimination in employment on the basis of handicap, whether
past or present, whether known or unknown, and whether or not in
litigation, which I, or acting on my behalf, my heirs, successors,
executors, administrators or assigns, may have based on any
action, omission, or event occurring prior to this date. Included
in this Release are any and all claims for future damages
allegedly arising from the alleged continuation of the effects of
any past action, omission, or event.
I further agree not to use or to institute any
proceedings against Yellow Freight, or any and all of its
divisions, subsidiaries, officers, directors, stockholders,
agents, advisers and employees, based on any of the claims or
causes of action encompassed within the foregoing paragraph.
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This General Release and Covenant Not to Sue is freely
executed in return for payment of gross wages of $28,000 less
legal payroll deductions to me by Yellow Freight upon execution of
this General Release and Covenant Not to Sue. In addition. Yellow
Freight will make the employer's matching FICA contribution.
CLIFF LAURENCE
City of
State of
Subscribed and Sworn to
Before me this day
of , 1992.
NOTARY PUBLIC
