CCASE_NAME:
OFCCP v. UNIROYAL
CCASE_NO:
OFCCP 1977-1
DDATE:
19800122
TTITLE:
CONSENT DECREE
TTEXT:
OFCCP v. Uniroyal, Inc., 1977-OFC-1 (consent decree)
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UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
In the Matter of
UNITED STATES DEPARTMENT OF LABOR,
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS,
Complainant,
v. Case No.
OFCCP 1977-1
UNIROYAL, INC.,
Respondent.
CONSENT DECREE
On July 28, 1976, the United States Department of Labor, Office
of Federal Contract Compliance Programs (OFCCP), initiated an
enforcement proceeding under Executive Order 11246, as amended,
alleging that Uniroyal, Inc. had violated the Executive Order at its
Mishawaka, Indiana facility through discrimination on the basis of
sex and race. After a hearing in November, 1977, the Administrative
Law Judge (herein ALJ) entered a Recommended Decision on April 11,
1978 in which he recommended that Uniroyal be debarred from further
Government contract activity based upon three Department of Labor
Motions for Sanctions regarding discovery. On June 28, 1979, the
Secretary of Labor issued a Decision and Order in which he, inter
alia, adopted the ALJ's recommended findings and conclusions. On
July 20, 1979, the Secretary's decision was affirmed by the United
States District Court for the District of Columbia. Uniroyal, Inc.
v. Marshall, et al., C.A. No. 79-1702. On July 27, 1979, Uniroyal
was debarred from Federal contract activity.
On October 23, 1979, Uniroyal, without admitting any violation
of either Executive Order 11246 or Title VII of the Civil Rights Act
of 1964, as amended, entered into a Memorandum of Agreement with the
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Department of Labor and the Intervenor Female Employees pursuant to
which Uniroyal agreed, inter alia, to pay $5.2 million in settlement,
reinstate various terminated female employees, and provide pension
relief, etc. As a result, Uniroyal was reinstated as an eligible
Government contractor. The Preamble and Parts II, III & IV of the
Memorandum of Agreement are attached hereto as Appendix A and
incorporated into this Consent Decree.
In accordance with Section IV-4 of the Memorandum of Agreement,
the Department of Labor and Uniroyal, Inc. hereby enter this Consent
Decree in order to resolve the remaining issues between them regarding
the Mishawaka facility. Uniroyal denies any violation of either
Executive Order 11246 or Title VII and nothing in this Consent Decree
is to the contrary.
This Decree does not take effect until the Settlement Agreement
in Chrapliwy, et al. v. Uniroyal, Inc., et al., 72 S 243 has been
finally approved by the District Court, Northern District of Indiana
and the action has been dismissed on the merits with prejudice as to
Uniroyal.
THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Uniroyal will not engage in any act or practice which has
the purpose or effect of:
a. Failing or refusing to hire, assign, promote, upgrade,
layoff, recall, transfer or discharge any individual, or otherwise
adversely affect his or her status as an employee or applicant for
employment because of such individual's sex or race;
b. Limiting, segregating, or classifying any of its
employees in any way which would deprive or tend to deprive any of
them of equality in terms, conditions, privileges and opportunities
of their employment because of their sex or race;
c. Discriminating or retaliating in any manner against any
employee, applicant for employment, or any other person who has
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furnished information or participated in any respect in the
investigation of Uniroyal's employment practices.
PREREQUISITES FOR JOBS
2. a. With respect to both white collar and blue collar jobs,
Uniroyal shall not require that female or minority employees and/or
applicants have higher qualifications or meet more stringent
standards for consideration than the least qualified male who
successfully performed the job. However, existing standards may be
modified to include material modifications of skills necessitated by
new technology and/or refinements in equipment or processes.
Notwithstanding the foregoing or any other provision of this Decree,
the Company shall not be required to place or retain any person in a
job who does not have the qualifications to perform said job, or is
not qualifiable to perform it within a reasonable period, where those
qualifications are necessary to perform the job.
b. The term "blue collar jobs", whenever used in this
Decree, includes all production and maintenance jobs at the
Mishawaka plant. The term "white collar" means all other jobs at the
plant.
SUPERVISORY RESPONSIBILITY FOR GOAL ATTAINMENT
3. In evaluating the job performance of all Company personnel
responsible for the selection or promotion of employees, Uniroyal
shall take into account the results achieved by such personnel in
meeting the equal employment and affirmative action goals set forth
in this agreement.
GENERAL RECRUITMENT - WHITE AND BLUE COLLAR
4. Uniroyal will:
a. Notify employment agencies and recruitment sources in
writing of Uniroyal's equal opportunity policy with respect to women
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and minorities, in both white and blue collar jobs, and request the
cooperation of these agencies and sources in implementing this
policy. Such contact shall be made at least semi-annually.
b. Include female pronouns and, where pictures are used,
pictures of females and minorities in all recruitment and employment
office literature, employment advertising and similar materials
intended for distribution to the general public so as to express
Uniroyal's equal opportunity policy.
c. Include in all recruitment literature in conspicuous
letters, "Uniroyal, Inc. is an equal opportunity employer."
d. Advise all job applicants that it is Uniroyal's practice
and policy to hire, promote and train qualified people for available
jobs, without regard to race, sex, color, national origin or religion.
e. Have representation of women and/or minorities on any
recruiting staff.
5. Where agency fees are paid in recruitment, such payment
shall be on the basis of the same formula regardless of whether a
female or male, or minority or non-minority is hired.
RECRUITMENT - WHITE COLLAR
6. With respect to its recruitment of employees for white
collar positions in grades 16 and above, Uniroyal shall do at least
the following:
a. Direct recruitment efforts to schools with substantial
percentages of female students in an effort to increase the number of
females in white collar jobs. Direct similar recruitment efforts to
schools with substantial percentages of minority students.
b. Establish and maintain contact with agencies and
organizations specializing in placing women and inform these agencies
and organizations of vacancies in white collar jobs (and of
appropriate job qualifications) when vacancies occur. Establish and
maintain similar
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contact, etc., with agencies and organizations specializing in
placing minority persons.
RETRIEVAL OF APPLICATIONS - WHITE COLLAR
7. Upon the effective date of this Decree, Uniroyal will
institute a system whereby information will be retained on all
non-employee minority and female applicants who, although they appear
otherwise qualified for white collar positions, grade 16 or above,
have not been hired due to non-availability of such openings.
Applicant information will be kept for one year from date of
application, unless the applicant requests that it be kept for a
longer period, and each applicant will be advised of this policy at
time of application. When need for outside candidates exists,
Uniroyal will refer to such applicant information for potentially
qualified female and minority candidates.
EMPLOYEE DEVELOPMENT PROGRAMS FOR WHITE COLLAR JOBS
8. The parties have agreed that the long-range purposes of an
affirmative action program can best be furthered by providing special
programs for women and minority employees which are intended to
permit not only the enhancement of skills but to encourage
self-appraisal and evaluation. Uniroyal will, therefore, provide the
programs described below:
a. Career Development for Supervisory/Professional
and Technical Female/Minority Employees:
Uniroyal will offer a Career Development Program to its
minority and female white collar workers. This will be a training
program, with follow-up (all to be held during regular business hours)
designed to increase the upward mobility of female and minority
professionals, technicians and supervisors. The program will cover
at least basic business knowledge, supervisory and managerial skills,
interpersonal relations, leadership styles, communications and
motivation. The program
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will be in effect within ninety days of the effective date of this
Degree.
b. Uniroyal will, within ninety days of the effective date
of this Decree, and semi-annually thereafter, conduct reviews of its
female and minority white collar employees for the purpose of
identifying females and minorities who have demonstrated high
performance and/or appear to have the potential for promotion to
higher grade positions. Such identification will be based primarily
on an evaluation of current job performance.
c. Each female and minority employee thus identified will
be considered, without any application or further action on his or
her part, for vacancies for which she or he is qualified or for which
she or he may become qualified after one year of training or
additional education. Uniroyal will provide, as applicable, the
further training, developmental projects, job assignments, and career
counseling appropriate in the individual case, and/or pay for the
additional education necessary to help qualify women and minorities
thus identified for potential advancement.
JOB NOTIFICATION AND OFFICIAL TRANSFER PROGRAM:
9. a. In order to increase promotional and interdepartmental
transfer opportunities within Uniroyal, notice shall be provided of
vacancies in all white collar positions through Grade 23. Sufficient
descriptions of the vacant positions shall be made available so that
persons interested in being considered can determine whether to make
further inquiry as to their eligibility.
b. With respect to vacancies in Grade 24 or above, Uniroyal
will consider those persons it has already identified pursuant to
paragraphs 8(b) and (c) above, as of the time of each vacancy.
c. Notices of white collar vacancies through Grade 23 shall
be posted or otherwise made readily available within the department
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where the vacancy occurs, at the R & D entrance gate, and on a
bulletin board in the employment office to which all white collar
employees have ready access for a minimum of three working days,
excluding Saturday and Sunday. The notice shall describe the duties
of the job, the grade, how and where employees may apply, and that
the Employment Manager or designee will, upon request, schedule an
interview for the employee with a supervisor who is available to
discuss the duties and salary range of the job. Vacancies will not
be filled until at least five working days, excluding Saturday and
Sunday, after the first posting date.
PROMOTION OF BLUE COLLAR EMPLOYEES
TO FOREMAN POSITIONS:
10. Within ninety days of the effective date of this Decree,
Uniroyal shall develop and implement a program aimed at promoting
women and minority group employees to foreman positions. This
program shall be subject to the prior approval of the Department of
Labor.
ENCOURAGEMENT TO SEEK AND BID UPON JOBS
IN EVERY DEPARTMENT IN THE PLANT - BLUE COLLAR
11. Within ninety days of the effective date of this Decree,
Uniroyal shall develop and implement a program of counseling and
encouragement of present and future minority and female employees to
seek and obtain jobs in every department in the plant, with special
emphasis on jobs with concentrations of male employees. The content
of this program shall be subject to the prior approval of the
Department of Labor. Features in it shall include, but are not
necessarily limited to, the following:
a. The appointment of a full-time trained EEO coordinator
whose job duties include the development and implementation of
training programs for supervisors and hourly employees in the
Company's equal employment opportunity obligations.
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b. A semi-annual training program for all supervisory
personnel which includes, inter alia, training in and a discussion of
Uniroyal's affirmative action obligations; problems minorities and
females may face in obtaining and keeping jobs in every department in
the plant, with special emphasis on jobs with concentrations of male
employees; and methods by which employees may be assisted by the
Company in successfully obtaining and performing such jobs.
c. The creation of a counseling program which, within six
months of the effective date of this Decree, meets individually with
each minority and female employee regarding opportunities for
advancement at Uniroyal, encouragement in seeking jobs in every
department in the plant, etc. Thereafter, Uniroyal shall, at six
month intervals, post notices on all permanent bulletin boards
advising its minority and female employees of the existence of its
counseling program and encouraging them to avail themselves of this
program. A similar notice shall be placed at the same time in the
Company's newsletter. In addition, all female and minority blue
collar employees shall be counseled under this program within ninety
days, but not earlier than thirty days, of their hire. All such
sessions shall be on company time.
d. Equal employment opportunity training of supervisory
personnel will also focus on EEO law and enforcement, the
development of EEO problem solving skills, and EEO impact on personnel
decisions affecting women and minorities in selection, promotion,
separation, and terms and conditions of employment.
ENCOURAGEMENT OF WOMEN AND MINORITIES
TO SEEK WHITE COLLAR JOBS
12. Within ninety days of the effective date of this Decree,
royal shall develop a similar program to that described in
Paragraph 11, above, which is aimed at substantially increasing the
percentage of women and minorities in jobs grade 16 and above. As
with the blue
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collar program, the white collar program shall be subject to the
prior approval of the Department of Labor.
JOB POSTING - BLUE COLLAR
13. a. In order to expand promotional and interdepartmental
transfer opportunities, Uniroyal will post all vacancy notices on
permanent bulletin boards, not limited to the department where the
vacancy exists, to ensure that each blue collar employee will see and
have an opportunity to bid upon all vacancy announcements. Each
vacancy notice shall include at least the department name where the
vacancy exists, the job title of the vacancy, the number of vacancies
up for bid, a description of the job and necessary prerequisites, if
any. All such notices shall be posted at appropriate plant entrances.
During the first one-hundred and eighty days this
Decree is in effect, all job vacancy notices shall be posted for bid
for forty-eight (48) hours. Thereafter, they shall be posted for bid
in accord with the collective bargaining agreement.
b. Within thirty days of the effective date of this
Decree, Uniroyal shall cease to refer to employee numbers as "man"
numbers on all job postings, personnel records, or any other documents
on which entries are made. After the thirty day period, the
designation shall be "clock number".
c. Upon the effective date of this Decree Uniroyal shall no
longer require that employees see a foreman prior to bidding on a job
although they may be encouraged to do so. There shall be no interview
required or prior permission required for bidding on a job. All
employees shall be notified of this change in policy on a form,
approved in advance by the Department of Labor, which is permanently
posted on all department bulletin boards, on bulletin boards at each
entrance gate, and in the personnel office where employees can easily
see it. Job postings, etc. shall be modified accordingly.
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d. Where a job description indicates that employees must
lift 35 pounds or more, the description must state the approximate
number of times per week that the amount is required to be lifted and
whether mechanical assistance is available to assist in lifting.
Foremen will be instructed that where employees normally receive
assistance from other employees in lifting, even though the job
description does not so provide, that employees who are new to the
job receive the same assistance.
e. Upon the effective date of this Decree, Uniroyal shall
cease its practice of having women sign waivers for jobs which they
have not seen operated. Before a waiver will be accepted, the woman
must be taken to the job, shown how it is operated, encouraged to try
it, if feasible, and be assured that management will make all good
faith effort in assisting her to learn to perform it adequately.
Uniroyal shall maintain records of all such waivers, which shall
include, at a minimum, the following: the name and clock number of the
woman, the name and title of the individual who showed her the job,
the date that she was shown the job, the amount of time during which
she was shown the job. At any time, a woman may withdraw a waiver by
notifying the employment office of that fact.
THIRD POSTING SYSTEM - BLUE COLLAR
14. Uniroyal will immediately abolish the procedure informally
called the "third posting system", if still in use. The Company will
also revise its job request procedures to allow all employees to
maintain on file in the employment office, at any one time, two
"applications" or "requests" for other jobs. Employees may change or
withdraw such requests at any time. Appropriate records shall be kept
regarding the Company's actions.
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GOALS FOR WHITE AND BLUE COLLAR JOBS
15. a. General - The achievement of goals listed below is
subject to the availability of positions and of qualified and/or
qualifiable persons willing to accept such positions. The failure of
the Company to reach such goals shall not in itself be prima facie
evidence of a violation of the terms of this Decree but may be
considered along with all other facts and circumstances. Nothing in
this Decree shall be construed to prevent the Company from exceeding
the goals of female and minority placement referred to herein.
b. Uniroyal shall, subject to the availability of
qualified and qualifiable women and minority group persons, 1
endeavor to hire and promote women and minority group persons on an
accelerated basis for all white collar positions in Groups 1-14 [as
defined in Uniroyal's 1979 Affirmative Action Program (AAP) for its
Mishawaka facility] and qualified and qualifiable minority group
persons for Groups 15-18 [as defined in the 1979 AAP] until the goals
set forth below are achieved and/or this Consent Decree terminates,
whichever occurs first. For each of the following Groups for which
goals are set forth below, Uniroyal shall endeavor to place one
minority group person or woman for every three white males placed
until the goal for the Group is achieved. When the goal for either
minorities or women is achieved for a Group, the goal of accelerated
hiring for the Group shall be discontinued for those persons
for whom the goal has been achieved. However, the accelerated goal
will be reinstated for persons in any Group where, prior to the
expiration of this Decree, the incumbency rate for women or minorities
(as appropriate) falls below the goal for the Group. If incumbent
employees are not available to meet any of the goals, Uniroyal shall
endeavor to recruit and hire new employees to meet any such goals.
1 For purposes of this Goals provision, the term "minority includes
Blacks, Hispanics, Asian or Pacific Islanders and Native
Americans.
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Job Group % Minority % Women
1 2.9 3.7
2 3.0 5.0
3 5.0 14.9
4 3.0 14.6
5 3.9 5.0
6 5.0 23.0
7 7.6 14.8
8 NA NA
9 7.4 23.5
10 Group now included in Group 3
11 9.7 26.0
12 6.9 20.5
13 5.3 13.8
14 5.7 32.6
15 6.1 NA
16 7.9 NA
17 7.9 NA
18 7.9 NA
c. Uniroyal shall adopt and seek to achieve the following
goals for blue collar jobs:
Job Group % Minority % Women
Craft "A" 5.1 4.4
Craft "B" 5.9 9.8
Service Workers 20.4 35.0
Operative Jobs - Flat Rate
1. Less than $5.999 Annual rate of new hires for
2. $6.000 - $6.4999 the life of the Decree
3. $6.500 & above 40% minority
35% women
Operative Jobs - Incentive (Nontraditional Female)
1. Less than $6.499 Annual rate of new hires for
2. $6.500 - $6.999 the life of the Decree
3. $7.000 & above 40% minority
35% women
Operative Jobs - Incentive (Traditional Female)
1. Less than $5.499 40% - Annual rate of minority
2. $5.500 - $5.999 new hires for the life of the
3. $6.000 - $6.499 Decree
4. $6.500 & above
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ELIMINATION OF COLOR CODING PERSONNEL FILES
16. Within nine months of the effective date of this Decree,
Uniroyal will completely replace its system of color coding personnel
folders on the basis of sex for all incumbent employees. By that
date, all personnel folders for all employees shall be of the same
color.
GENERAL NOTICE TO THE AFFECTED CLASSES
17. Within 15 days of the effective date of this Decree,
Uniroyal shall give notice to all employees affected by this Decree by
posting in a conspicuous place on bulletin boards in each department
and at each entrance gate a notice that the Decree may be inspected
during normal business hours in the employment office. In addition,
within 30 days of the effective date of this Decree, Uniroyal shall
transmit to each incumbent minority and female white collar employee
and to each incumbent female blue collar employee a letter advising
them of the time and place of meeting(s) on Company time, for the
purpose of explaining the provisions of the Consent Decree.
REINSTATEMENT OF BLUE COLLAR EMPLOYEES -
APPENDIX A, PART III
18. Within ninety days of the effective date of this Decree,
Uniroyal shall develop and implement an orientation program for women
who seek reinstatement pursuant to the Appendix A, Part III, hereto.
This program shall counsel and encourage such women to seek jobs in
every department in the plant and explain the seniority system,
including the fact that women can bid on jobs while on the recall list
or on layoff. The program will include descriptions of the
departments and jobs in the plant and offer an inspection tour for any
such jobs.
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BIDDING AND DISQUALIFICATION
19. a. A female employee who successfully bids on a
predominantly male job and is thereafter disqualified will not have
that bid counted for purposes of the two-bid restriction in the
collective bargaining agreement, subject to paragraph b, below, and
may 1) bid on any posted job in the plant or 2) accept placement by
the employment office on an "open" job. If the female employee does
not bid on a posted job or if there are no job postings and there are
no "open" jobs on which she can be placed, she may then return to the
last job she held successfully and which is still being operated at
the plant regardless of the seniority of the employee then occupying
the job.
b. If a female employee is disqualified from a
predominantly male job twice in a one year period, subsequent bids to
predominantly male jobs will be counted for purposes of the two-bid
restriction in the collective bargaining agreement. A female employee
who successfully bids on a predominantly male job and is not
disqualified will have that bid counted for purposes of the two-bid
restriction.
c. For purposes of this provision, a "predominantly male
job" is a job title which has never been held by one female employee
for a six month period since January 1, 1971. The list of
predominantly male jobs will be revised accordingly when a female
employee remains in such job for a six month period.
SKILLED TRADE TRAINING - BLUE COLLAR
20. The Company shall make available, as feasible, and
encourage such vocational training for craft jobs as may be necessary
for minority and female employees who have not previously had
opportunities to acquire experience that would qualify them for
transfer or advancement or who because of deficiencies in mathematics
may require additional training.
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21. Upon the effective date of this Decree, the 1980 Affirmative
Action Plan for Uniroyal's Mishawaka, Indiana plant shall be deemed in
compliance with Executive Order 11246, as amended. During the term
of this Decree, Uniroyal will not be required to establish new goals
for white collar and blue collar jobs, except as provided for in this
Decree, for successor affirmative action plans.
RECORDS MAINTENANCE
22. Uniroyal will:
a. Maintain a log or other written record of all contacts
made in recruitment and/or notifications of agencies and/or
organizations pursuant to the recruitment provisions of this Decree.
Such record shall contain, at a minimum, the date of each contact,
the name, title and organizational affiliation of each person
contacted, the name and title of the Uniroyal employee making the
contact, the substance of the contact, and copies of all documents
(e.g., letters sent and received, newspaper advertisements, interview
schedules, etc.) pertaining to the contact.
b. Uniroyal shall make available all records and documents
relevant to this Decree and/or Uniroyal's obligations to comply with
Executive Order 11246, as amended, to the Department of Labor, Office
of Federal Contract Compliance Programs, for inspection and copying
upon request during Uniroyal's normal business hours. Such records
may include computer tapes, printouts and computer cards.
c. Maintain a log separately for white collar and blue
collar applicants by job applied for of the following:
1) name, address, telephone number, race 2 and sex
and how he or she became aware of a possible job opportunity;
2 For purposes of reporting under this Decree, the term race
includes Blacks, Hispanics, Asian or Pacific Islanders and
Native Americans.
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2) date of application, job applied for; whether
interviewed (and if so, date of interview, name and title of
interviewer), whether or not the person was hired (if so, job hired
into, and clock number); and if not hired, the reason(s) therefor.
3) if tested, the name of the test(s) taken, the
dates thereof, and the test results.
REPORTING
23. Uniroyal shall appoint a management official who shall be
responsible for reporting all information required by this Decree.
24. Uniroyal will furnish on a semi-annual basis, for the
duration of this Decree, a report to the Director of OFCCP containing
the following information:
a. the number of positions filled in white collar jobs by
job grade, job title and department, and for each job filled:
1) whether it was filled through promotion or by a new
hire; and,
2) the race and sex of the individual who obtained the
job.
b. For affected class members reinstated as Uniroyal
employees, the name and clock number of each such woman, and for each
woman: date of reinstatement, job assigned, date of initial hire,
seniority at time of reinstatement, hourly wage rate, and whether or
not the job is an incentive job.
c. A list, by job title, of each rejected minority and
female applicant for employment for a blue collar job in the past 6
months. Each list shall contain, at a minimum, the name of the
applicant (and the address and telephone number if a rejected
applicant for employment); the job applied for, the date of the
application, the reason(s) for the rejection, and the name, clock
number, race and sex of the individual who obtained the job.
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d. A list, by job title, of each rejected minority and
female applicant for employment for a white collar job in the past 6
months, and a separate list of each rejected minority and female
incumbent employee for promotion. Each list shall contain, at a
minimum, the name of the applicant (and the address and telephone
number of a rejected applicant for employment), the job applied for,
the date of the application, the reason(s) for the rejection, and the
name, clock number, race and sex of the individual who obtained the
job.
e. The names of each officer, supervisor (including foreman
and line supervisors) by the job title who received EEO training and
for each individual the date(s) of such training.
f. The name and job title, by program, of each female and
minority group person identified for and included in the White Collar
Development Program described in Section 8.
g. The name and job title, by program, of each female and
minority employee who participated in the Employment Development
programs described in Section 11 and 12.
h. The number of positions filled in blue collar jobs by
job title and department, and for each job filled:
1) whether it was filled by job bid, job request or by
a new hire;
2) the race and sex of the individual who obtained the
job.
i. A report of all instances in which a female or minority
group member was denied a vacancy on which he or she bid, when such
individual was the senior employee bidding. Such report shall contain
the name and department of the job classification for the bid, the
name of the successful bidder, and the reason(s) in detail why the
senior female and/or minority employee was not selected.
j. A report similar to that in i, above, when a woman or
minority group member was denied a vacancy on which he or she had
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filed a transfer request with the employment office when such
individual was the senior employee.
k. A list of all affected class members who indicated that
they were not interested in reinstatement with Uniroyal including the
name and address of each such person; whether the person received an
interview, and if so, by whom it was conducted, and the reason, if
known, why the person was not interested in employment with Uniroyal.
l. The following information regarding persons referred to
in Part II-1 of Appendix A, hereto, who elected reinstatement and were
placed on the recall list and then returned to active employment, and
subsequently returned to layoff status or otherwise were removed from
active employment status prior to completing 30 days of active
employment: name, address, telephone number, clock number, seniority
date, job when recalled to active employment, date of recall, name of
immediate foreman, reason(s) in detail why the woman did not complete
30 days of active employment, whether the woman was returned to the
recall list and if not, why not.
m. The number of positions filled in white collar jobs by
grade, job title and department, and for each job filled:
1) whether it was filled through promotion or by new
hire; and
2) the race and sex of the individual who obtained the
job.
25. Within ninety (90) days of the effective date of this
Decree, and thereafter semi-annually, Uniroyal will file the following
information with the Director of OFCCP:
a. The total number of employees by race and sex in each
blue collar classification within each department and in each division
as of the end of the reporting period;
b. The total number of employees by race and sex by job
title within labor grade within each department and in each division
as of the end of the reporting period.
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c. A list of all supervisory, professional and technical
personnel with an indication for each of: name, employee number, race
and sex, the date of appointment or hire as supervisor or management;
original date of continuous service with Uniroyal if different from
the date on which he or she was appointed to a supervisory or
management position; present job and department as of the close of the
reporting period.
JURISDICTION
26. a. The Office of Administrative Law Judges hereby retains
jurisdiction over this case for three years from the date of entry of
this Decree for the purpose of issuing any additional orders or
decrees needed to enforce or clarify the implementation of this
Decree. At the end of that three year period, the Decree shall expire
automatically unless there is then pending to Uniroyal a notice of
alleged violation, infra, or a motion for sanctions before the
Administrative Law Judge (or, where appropriate, the Secretary of
Labor). If such a notice or motion is pending, the Decree shall not
expire until the notice is resolved or the motion is ultimately
decided by the Administrative Law Judge and/or the Secretary of Labor,
as appropriate.
b. Where an application or motion for an order of
enforcement or clarification indicates by signature of counsel that it
is unopposed by Uniroyal and the Department of Labor, and where
appropriate by the Union and female intervenors, the application or
motion may be presented to the Office of Administrative Law Judges
without hearing, and the proposed order may be immediately
implemented.
c. If, at any time, the Department of Labor believes that
Uniroyal has violated any portion of this Consent Decree, it shall
notify Uniroyal in writing, copy to counsel for Uniroyal, of that
fact. The parties shall attempt to resolve the matter within the
next 30 days. If unresolved within that period, the Department of
Labor may file a
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motion for sanctions with accompanying memorandum. Failure to file a
written response within twenty (20) days of receipt of the motion
without good cause, shall subject Uniroyal to immediate debarment
through a default judgment. The Administrative Law Judge shall
schedule an oral hearing on the motion at the earliest practicable
date, and shall rule on the motion within thirty (30) days of the
hearing, if practicable. After a hearing on the motion, the
Administrative Law Judge may enter a Recommended Decision pursuant
to 41 CFR 60-20.27.
UNITED STATES DEPARTMENT OF
LABOR, OFFICE OF FEDERAL
UNIROYAL, INC. CONTRACT COMPLIANCE PROGRAMS
By_________________________ ________________________
Its Attorney
_________________________ ________________________
Date Its Attorneys
January 22, 1980
Date
APPROVED: ALTA CHRAPLIWY, INTERVENOR
________________________ ________________________
Administrative Law Judge Her Attorney
February 4, 1980 January 25, 1980
Date Date
APPENDIX A
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement, made this 23rd day of October,
1979, between the United States Department of Labor, Office of
Federal Contract Compliance Programs ("DOL") under Executive Order
11246 as amended; Plaintiffs, consisting of 26 female workers and
the members of a class they represent in an action brought pursuant
to Title VII of the Civil Rights Act of 1964 as Chrapliwy et al., v.
Uniroyal, Inc., et al., ("Plaintiffs"); and Uniroyal, Inc., a
corporation with its principal place of business in Middlebury,
Connecticut ("Uniroyal"),
WITNESSETH
WHEREAS, DOL has commenced an administrative proceeding
to debar Uniroyal as an eligible government contractor and
subcontractor, alleging that Uniroyal has discriminated against
certain female and minority workers in its plant at Mishawaka,
Indiana, in violation of Executive Order 11246 and Uniroyal has denied
all such allegations of discriminatory conduct, and
WHEREAS, on June 28, 1979, Secretary of Labor F. Ray
Marshall entered an order debarring Uniroyal as a government
contractor and subcontractor which order Uniroyal has challenged
in the Federal Courts, and
WHEREAS Plaintiffs have alleged that the defendant,
Uniroyal, Inc., has discriminated against them in employment and
segregated them in employment because of their sex, in violation
of Title VII of the Civil Rights Act of 1964, and Uniroyal, Inc.
has filed an answer denying all material allegations of the
Plaintiffs' complaint, and
WHEREAS Uniroyal denies any violation of either Title
VII of the Civil Rights Act of 1964 of Executive Order 11246, as
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amended, and
WHEREAS, the parties have reached an understanding
pursuant to which they wish to resolve and settle the litigation
and issues between them and desire to enter into this Memorandum
of Agreement setting forth the basic terms and conditions of
such settlements,
Now THEREFORE, the parties intending to be fully bound
thereby agree as follows:
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II. Pensions
II.1. All persons named in attached List 3, who have terminated
their employment, will for pension payment computation purposes be
deemed to have pension service credit for the period from their
respective dates of termination to October 1, 1979, added to such
service credits each such person had acquired on the date of their
respective terminations of employment.
II.2. The monthly pension entitlement of each of the persons
referred to in II-1 shall be their service credit as therein
provided for multiplied be $12.50.
II.3. Those persons referred to in II-1 who are currently
receiving pensions shall have their pensions recomputed using
their recomputed service credits as herein provided and a multiple
of $12.50, effective October 1, 1979.
II.4. Those persons referred to in II-1 who, after addition
of added service credits under II-1, are not entitled to
immediate pensions because of age or service or a combination
of both shall have deferred vested pension eligibility computed
in accordance with II-1 and II-2 preceding.
II-5. Those persons who have vested pension payment rights by
virtue of the application of II-1 and II-2 preceding and who, in
accordance with the provisions of the Uniroyal Pension Plan A,
are entitled to take "early retirement" and elect to do so shall
have their respective pension actuarially reduced in accordance
with the formula contained in said Pension Plan A.
II-6. To the extent that any of the persons referred to in II-1
preceding received at any time termination allowances or SUB
separation payments at the time of their respective terminations, any
pensions received by such persons shall be reduced by deducting
from each pension payment an amount equal to the actuarial equivalent
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necessary to recover the termination allowance or SUB termination
payment over the remaining life expectancy of the pension recipient.
II-7. Those persons referred to in II-1 who elect to take
reinstatement and go on the layoff list shall not be entitled,
prior to reinstatement, to any service credit for any such period
as they remain on the layoff list. However, any such person who is
subsequently recalled to active employment and is actively employed
for 30 days and thereafter laid off shall receive all benefits, and
have all rights, including accrual of seniority, as other employees
on layoff under the applicable collective bargaining agreement.
II-8. (a) Those persons referred to in II-1 shall not be
entitled, prior to reinstatement as active employees, to any
"fringe benefit" entitlements including but not limited to medical,
dental, prescription drug, life insurance, SUB, savings plan and
supplementary savings plan provisions (Letter #11).
(b) Any person referred to in II-1 who elects reinstatement
and thereafter becomes actively employed for 30 days shall
thereafter be entitled to those fringe benefits described in
Paragraph II-8 (a) above during the period of active employment. A
reporting provision under the company's affirmative action obligations
will be established regarding the implementation of this provision.
(c) Any of the persons referred to in II-1 who elect
reinstatement and who thereafter becomes actively employed shall,
provided such employment (including, where applicable, any subsequent
layoff or medical disability) continues to retirement and is
at least of one year's duration, be entitled, in addition to the
full benefits of the applicable Uniroyal Pension Plan at the time
or retirement, to such fringe benefits as are accorded to all persons
retiring at that time.
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II-9. Any person referred to in II-1 who accepts reinstatement
(the provisions of which are dealt with in III-1 through III-3
of this Memorandum of Agreement), is returned to the layoff list,
and subsequently becomes an active employee of Uniroyal shall have,
for pension payment purposes, such service credits provided for in
II-1 increased by the service performed after recall, including
any subsequent layoffs, and shall, upon retirement thereafter,
be entitled to a pension payment based on the service credits such
person has acquired pursuant to II-1 and this Paragraph II-9
multiplied by the multiplier provided for in Uniroyal's Pension Plan
A at the time any such person terminates employment with Uniroyal.
II-10. Those persons referred to in II-1 who elect to take
reinstatement and go on the layoff list shall not be entitled
to receive any pension payments so long as they are carried on such
list or so long as they may be actively employed by Uniroyal.
II-11. The pensions payable to those persons referred to in
II-1 shall be payable from the Uniroyal Pension Plan A and such
persons shall be deemed to be covered by the Plan except to the
extent that the provisions of this Section II provide otherwise
and provided further that the incorporation of such persons
into said Plan does not prevent it from continuing as a
"qualified plan" under the Internal Revenue Code of the
United States. In the event that the incorporation of such
persons would prevent such Plan from continuing as a qualified
plan under the Internal Revenue Code of the United States
such persons shall have a contractual right to receive from
Uniroyal, Inc. the same pension payment they would be entitled
to pursuant to said Plan as modified by this Agreement.
II-12. If, at any time, the multiplier applied to pensions of
retired employees is increased, that increase shall also be
applied to all persons retired as of that date who have acquired
~25
added service credits pursuant to II-1.
II-13. Those persons referred to in II-1 who, as of
the date of this Agreement are not receiving pensions shall
be entitled, upon application to Uniroyal, to participate in
Uniroyal's medical and life insurance plans at their own
cost which shall be fixed at the cost to Uniroyal, from time
to time, of providing such coverages, provided, however, that
those persons who do not request reinstatement shall not be
entitled to participate in such programs. Uniroyal shall be
entitled to establish reasonable rules and regulations,
necessary to implement the provisions of this paragraph.
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III. RECALL AND REINSTATEMENT
III-1. Within thirty (30) days of the Court's approval of
the Agreement of Settlement, those individuals named in List
3 who are not receiving a pension may, if they choose, request
reinstatement with the Company.
III-2. Individuals electing reinstatement shall be placed
on the layoff list, with the same seniority date they had at
the time of their termination.
III-3. Until such time as an individual on the layoff list
returns to active employment for at least thirty (30) days,
they shall not be entitled to receive any benefits under the
applicable agreements (referred to in Paragraph II-8), in
effect between the Company and the collective bargaining
representatives.
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IV. OTHER
IV-1. The Department of Labor will immediately notify all
agencies and departments of the United States government by
telegraphic communications and by immediate publication in the
Federal Register that Uniroyal, Inc. has been reinstated by
OFCCP as an eligible bidder on government contracts.
Furthermore, such notice will advise said agencies
and departments that Uniroyal's existing government contracts
and subcontracts are not subject to cancellation, termination
or suspension and to cease all activity directed to the cancellation
of any existing contractual relationship Uniroyal has with any
other government contractor or subcontractor.
Such notice will direct the agencies and departments to
immediately place Uniroyal's name on any list maintained which
contains the names of companies eligible as government contractors
and subcontractors.
IV-2. The Department of Labor and the plaintiffs agree that
each person who receives a monetary award will, as a condition of
receiving same, furnish Uniroyal with a release of all claims
against it based on any alleged rights under Executive Order
11246 as amended and the Civil Rights Act of 1964 for all periods
up to and including the date of this Memorandum of Agreement,
provided however that nothing in this Paragraph IV-2 shall
be deemed to in any way deprive Uniroyal of any rights of release
with respect to such persons as it may have by virtue of the
judicially approved settlement of the Title VII class action and
the settlement and dismissal by the Department of Labor of its
proceeding to debar Uniroyal as a government contractor and
subcontractor.
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IV-3. The Department of Labor hereby releases Uniroyal, Inc.
for all claims which it may have against Uniroyal, Inc. at
its Mishawaka, Indiana facility for discrimination based on
race or sex under Executive Order 11246 for all periods up to and
including the date of this Agreement. Furthermore, the Department
of Labor agrees that any enforcement proceeding instituted regarding
the Mishawaka, Indiana facility pursuant to Executive Order
11246 as amended for race or sex discrimination prior to the date
of this agreement will not seek monetary relief for any period of
time up to and including the date of this Agreement.
IV-4. The Department of Labor further agrees that, upon entry
of a consent decree, the proceedings in U.S. Department of Labor
v. Uniroyal, Inc., OFCCP, No. 1977-1, will be terminated subject to
the continued jurisdiction in the administrative law judge to
enforce the consent decree, and the Department of Labor will take
whatever steps are necessary to advise the administrative law
judge that the matter has been settled. The Department of Labor
and Uniroyal agree to negotiate such a consent decree within a
reasonable time, not to exceed three weeks after the effective
date of this Agreement.
IV-5. Counsel for Uniroyal will sign the attached Agreement
of Settlement concurrently with the signing of this Memorandum
of Agreement.
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UNIROYAL, INC.
By______________________________
Its Attorney
PLAINTIFFS
By______________________________
Their Attorney
UNITED STATES DEPARTMENT OF LABOR,
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS
By______________________________
______________________________
______________________________
______________________________
Its Attorneys
