# James v. STOCKHAM VALVES AND FITTINGS COMPANY

> District Court, N.D. Alabama · March 19, 1975 · 394 F. Supp. 434

URL: https://www.frixlaw.com/law-library/cases/1415079

## Case

- **Full name:** Patrick JAMES Et Al., Plaintiffs, v. STOCKHAM VALVES AND FITTINGS COMPANY, a Corporation, and Local No. 3036, United Steelworkers of America, AFL-CIO, Defendants
- **Court:** District Court, N.D. Alabama
- **Decided:** March 19, 1975
- **Citations:** 394 F. Supp. 434; 13 Fair Empl. Prac. Cas. (BNA) 908; 1975 U.S. Dist. LEXIS 13283
- **Precedential status:** Published
- **Opinion:** Opinion by Guin
- **Judges:** Guin
- **Cited by:** 9 later opinions in the Frix Law Library

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## Opinion text

FINDINGS OF FACT AND CONCLUSIONS OF LAW
GUIN, District Judge.
This case involves individual and class action claims of racial discrimination in certain employment practices of Stock-
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ham Valves & Fittings, Inc. (“Stock-ham”) at its Birmingham manufacturing complex. In part the claims are asserted also against United Steelworkers of America, AFL-CIO and its Local Union 3036. Plaintiffs, Patrick James, Horace Harville, and Louis Winston, are black male citizens of the United States and the State of Alabama. Messrs. James and Winston are hourly-rated production and maintenance employees of Stockham; plaintiff Harville retired from his position as a production employee in 1972. The defendant Stock-ham is a Delaware corporation which is engaged in business in Alabama, and, in the Southern Division of the Northern District of Alabama. The defendant unions are each labor organizations which, at all times material to this lawsuit, have represented the hourly production and maintenance employees of Stockham.
Plaintiffs bring this action individually and on behalf of a class of persons similarly situated. Jurisdiction is predicated upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and upon 42 U.S.C. § 1981 . Claims of plaintiffs against defendant Unions are also predicated upon 29 U.S.C. § 151 et seq.
Plaintiffs contend in this ease that Stockham, during the relevant period encompassed by this lawsuit has (1) maintained racially segregated employee facilities ; (2) assigned black employees to “low paying menial jobs”; (3) has denied promotional, training, and transfer opportunities to black employees; and (4) has used, and is now using, testing, age, and educational requirements which discriminate against blacks.
Plaintiffs further contend that the defendant unions have failed, in violation of law, to fairly represent the black employees in the employ of Stockham.
Plaintiffs do not claim racial discrimination with regard to initial hire, apparently because during the relevant period a substantial majority of the production and maintenance employees employed by Stockham and represented by the unions, was black.
For the violations of law alleged by plaintiffs, as set out above, plaintiffs seek injunctive relief and back pay, individually, and on behalf of the class, from all defendants.
The trial of this case commenced on February 4, 1974, and, with few interruptions, continued until February 22nd. The record is voluminous. The transcript of the testimony alone constituted nearly 3000 pages. In addition there were numerous depositions, statistical presentations and other exhibits, which were extremely helpful to the Court in the consideration of this case. Each of the parties submitted comprehensive briefs and proposed findings, and conclusions of law. Thereafter, at the Court’s request each of the parties was heard in oral argument on the issues involved in the case.
The Court, having fully considered the pleadings, all of the testimony, exhibits and other evidence adduced in the course of the trial, and having carefully reviewed the briefs, proposed findings of fact and conclusions of law submitted by each of the parties, and the oral arguments of counsel, and having further considered the demeanor of the witnesses who testified in this ease, and having resolved the credibility issues presented by conflicts in the testimony, and having been otherwise fully advised in the premises, now makes and finds the following Findings of Fact and Conclusions of Law, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure:
FINDINGS OF FACT
I. PRELIMINARY FINDINGS OF FACT
A. General Matters
1. This action has been instituted and maintained under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), and the Civil Rights Act of 1866, 42 U.S.C. §
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1981 (“§ 1981”). Title VII, among other things, prohibits discrimination in employment based on race. § 1981, in relevant part, provides that all persons, shall have the same right to make and enforce contracts as is enjoyed by white citizens. This action also has been instituted and maintained with respect to the union defendants under the National Labor Relations Act, 29 U.S.C. § 151 et seq., which, in relevant part, imposes a duty on a union to fairly represent its members.
2. The individual plaintiffs, Patrick James, Sr., Howard Harville and Louis Winston are black male citizens of Jefferson County, Alabama. James and Winston are presently employed by Stockham as hourly production and maintenance employees at its Birmingham, Alabama manufacturing complex and are members and officers of defendant Local 3036 of the United Steelworkers of America (“Local 3036”). Until 1972 when he retired on a medical pension, Harville was employed by Stock-ham as an hourly production and maintenance employee at its Birmingham, Alabama manufacturing complex and was a member and officer of Local 3036.
3. The defendant Stockham is a Delaware corporation doing business in the State of Alabama and in the Southern Division of the Northern District of Alabama, and is an “employer” within the meaning of 42 U.S.C. § 2000e(b).
4. The hourly production and maintenance employees at Stockham have been represented for collective bargaining purposes by Local 3036 at all times material to this action. The defendant Local 3036 is an unincorporated labor organization and is a local union or subdivision of defendant United Steelworkers of America. Both of these defendants are “labor organizations” within the meaning of 42 U.S.C. § 2000e(d).
5. This action has been brought as a class action under F.R.Civ.P. Rule 23.
6. The number of persons, which plaintiffs define as within their proposed class is so numerous that joinder is impractical. Further, it appears that the claims of the representative plaintiffs are typical of the claims of the purported class and there appear to be common questions of law and fact. Finally, it appears to the Court that plaintiffs James and Winston are adequate representatives of the class.
7. The evidence reflects that plaintiffs have met the requirements of F.R.Civ.P. Rule 23(a) and their allegation is that the defendants jointly have acted on grounds generally applicable to a class of black employees. The facts support a finding that this action may be maintained as a class action under F.R.Civ.P. Rule 23(b)(1) for the purposes of resolving the allegations in the plaintiffs’ complaint for the following class: All black hourly production and maintenance employees of Stockham who are currently employed and all black persons who have been so employed at Stockham from July 2, 1965 to the date of trial.
8. Each of the named plaintiffs filed charges with the Equal Employment Opportunity Commission (“EEOC”) on October 5, 1966, which contained specific allegations of racial discrimination against Stockham. On June 8, 1970, an amended charge of discrimination was filed by plaintiff James with the EEOC which included Local 3036 and the defendant United Steelworkers of America as parties to the previously-filed charges. Plaintiffs received notices of their right to bring suit on or about February 16, 1970, and duly filed the complaint in this action within thirty days thereof, the proper statutory period.
B. Background Matters
(i) Stockham’s History
1. The Stockham Pipe and Fittings Company was founded in Birmingham in 1903 and originally manufactured only simple castings and cast iron pipe fittings. The Company moved to its present location in 1918. Stockham has provided free medical and dental services to all its employees since that time, and in 1919, established a branch of the
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YMCA at Company expense to serve as a center of recreational, social, and religious activities of its employees and their families. In the early 1920’s, 'Stockham became one of the first employers in the Birmingham area to provide hospital insurance plans for its employees (and it continues to do so today). (Stockham Ex. 42)
2. Stockham began manufacturing malleable iron pipe fittings in 1923. The manufacture of bronze valves was commenced in 1935. By 1941, engineering had been completed for the manufacture of iron valves, but production was delayed by World War II until 1946. Also in 1946, a building which had been erected for the production of artillery shells during World War II was converted into a valve machining and assembly building.
3. In 1948, the name of the Company was changed to Stockham Valves and Fittings, Inc. In 1952, Stockham acquired the Wedgeplug Valve Company of New Orleans. This company was operated in New Orleans by Stockham until 1956, when the New Orleans operation was shut down and moved to the Birmingham plant.
4. Production of steel valves began in 1953. Manufacture of ductile iron valves and fittings began in 1959. Stockham began the manufacture of butterfly valves at the Birmingham plant in 1973.
5. Historically, approximately two-thirds of Stockham’s employees have been black. (Stockham Ex. 42 and 51).
(ii) Stockham’s Manufacturing Processes and Product Lines
1.. Although Stockham has many competitors, no single competitor manufactures all six of Stockham’s major product lines at one manufacturing complex.
2. Stockham has a multi-industry, multi-plant complex in Birmingham. It competes in both the pipe fittings industry and the valve industry (and in effect, is six plants in one). The Birmingham complex is, in effect, a cast iron fittings plant, a malleable iron fittings plant, a bronze valve plant, an iron valve plant, a steel valve plant and a butterfly valve plant. Stockham manufactures over 19,000 different products over a broad range of product lines. (Plaintiffs’ Ex. 66)
3. The following is a list of the major domestic competitors of Stockham, the locations of their plants, and the major product lines produced at each plant:
Grinnell Corp. Statesboro, Ga. cast iron flanges and flange fittings
Grinnell Corp. Cranston, R. I. cast iron threaded fittings
Grinnell Corp. Columbia, Pa. malleable iron fittings
Kennedy (Grinnell Corp.) Elmira, N. Y. Iron valves
Clow Corp. Tarrant, Ala. cast iron flange fittings
Eddy Iowa Rich (Clow) Oskaloosa, Iowa iron valves
ACIPCO Birmingham, Ala. cast iron flange fittings
American Darling (ACIPCO) Beaumont, Tex. iron valves
Kuhn Bros. Co. Dayton, Ohio cast iron and ductile iron fittings
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Union Malleable Mfg. Corp. Ashland, Ohio malleable iron fittings
Dart Union Co. Providence, R. I. malleable iron unions
Stanley G. Flagg Co. Stowe, Pa. malleable iron and cast iron fittings
J. P. Ward Blossburg, Pa. malleable iron and cast iron fittings
Crane Co. Chicago, 111. bronze valves, steel valves, some large iron valves, butterfly valves
Crane Co. Washington, Iowa iron valves, butterfly valves
Crane Co. Indian Orchard, Mass. iron valves, steel valves
Walworth Co. So. Braintree, Mass. bronze valves
Walworth Co. Greensburg, Pa. iron valves, steel valves, plug valves
Nibco Nacogdoches, Tex. bronze valves
Nibco-Scott Blytheville, Ark. iron valves
Hammond Co. Hammond, Ind. bronze valves
Fairbanks Binghamton, N. Y. bronze valves, iron valves
Lunkenheimer Cincinnati, Ohio bronze valves, iron valves, and steel valves
Lunkenheimer (Hale Valve Corp.) Tulsa, Okla. butterfly valves
Wm. Powell Co. Cincinnati, Ohio bronze valves, iron valves, steel valves, plug valves
Jenkins Bros. Bridgeport, Conn. bronze valves, iron valves, steel valves
M & H Valves (Dresser Industries) Anniston, Ala. iron valves
Milwaukee Valve Co. Milwaukee, Wis. bronze valves, aluminum valves, iron valves
Mueller Co. Decatur, 111. iron valves
Pacific States (Me Wane) Provo, Utah iron valves
U. S. Pipe & Foundry Chattanooga, Tenn. iron valves
Darling Valve Co. Williamsport, Pa. steel valves
Dimco Oklahoma City, Okla. butterfly valves
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Dover Corp. Tulsa, Okla. butterfly valves
James Berry Corp. Cambridge, Mass. butterfly valves
Keystone Valve Corp. Houston, Tex. butterfly valves
Worchester Valve Co. Worchester, Mass. butterfly valves
Rockwell Mfg. Co. Akron, Ohio butterfly valves
Henry Pratt Co. Aurora, 111. butterfly valves
4. The following product lines are manufactured at Stockham’s Birmingham plant:
a. Cast iron threaded fittings are manufactured in sizes
Yé"
to 8", with accurately designed chamfered threads which provide for tight joints and straight lines. These threaded fittings are primarily used in commercial construction and heating and air conditioning systems.
b. Cast iron sprinkler fittings with working water pressures of 175 pounds per square inch (psi) are manufactured in sizes from 2%" to 8". These fittings are primarily used in the commercial sprinkler industry.
c. Cast iron drainage fittings are manufactured in sizes from 1
YY'
to
12".
These drainage fittings are designed to give an unobstructed flow by making the inside of the fittings approximately the same diameter as the inside diameter of the wrought iron pipe which it joins. The drainage fittings are used primarily in plumbing and commercial construction.
d. Cast iron flanges and flange fittings are manufactured in sizes 1%" through 24". These flanges and fittings can be used with any type flanged pipe.
e. Malleable iron pipe fittings capable of withstanding temperatures from —20° to 550 °F. are manufactured. Malleable iron is a tough, highly ductile iron capable of withstanding pipeline stresses from expansion, contraction, and shock. Malleable iron pipe fittings are used primarily in commercial, institutional and industrial construction.
f. Malleable iron threaded fittings are manufactured in sizes %" to 12".
g. Malleable iron unions and union fittings are manufactured in both flanged and threaded types. The threaded types are made in sizes from to 4"; the flanged types are made in sizes 1" to 10". Unions are produced with brass seats, gasket seats, or with integral all-iron seats. Union fittings combine the functions of a fitting and union in one compact assembly. Brass seats are forced into their grooves under tremendous rolling pressure forming a leak-proof joint. All parts are machined and threaded.
h. Malleable ball pattern railing fittings are manufactured in sizes from
Yz"
to
2".
i. Ductile iron pipe fittings are manufactured in threaded and flanged types. The threaded types are produced in sizes from
Yz"
to 6"; the flanged types are produced in sizes from
lYz"
to 6".
j. Bronze globe, angle, and check valves are made in 125, 150, 200, 300 and 350 psi ratings in sizes
Ya"
to 4". The primary markets for these valves are commercial and institutional construction, the chemical industry, and commercial ship building, as well as all general industry and utilities. Service recommendations are for steam, water, oil, gas, or other media up to 550 °F. Actual in-line pressures may range up to 1000 psi.
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k. Iron gate, globe, angle, and swing check valves are manufactured in sizes •%" to 36". Primary markets for these valves are commercial and institutional construction, the chemical industry, iron and steel industries, and gas distribution. Iron valves are recommended for media to maximum pressures of 500 psi and maximum temperatures of 450 °F.
l. Steel gate, globe, angle, and swing check valves are manufactured in sizes 2" to 30". Primary markets for these valves are power generators, petroleum refining, and the petrochemical and chemical industries. Twelve east steel alloys are offered as basic valve materials for services to a maximum pressure of 1440 psi, and maximum temperatures of 1500 °F. These materials require magnetic particle testing and sometimes radiography. Careful welding of casting repairs requires stress relieving. Heat treatment of various raw materials is also required.
m. Butterfly valves with iron or ductile iron bodies are manufactured in wafer or lug-wafer type, with wide choice of stem, disc, and liner material for pressures up to 150 psi in sizes 2" to 12". Primary markets for these valves are commercial, institutional, and industrial construction.
n. Wedgeplug non-lubricated plug valves are manufactured in sizes %" to 20". These valves have a patented mechanical lifting device which lifts, rotates, and re-seats the plug. Primary markets for these valves are the petroleum refining and petro-chemical and chemical industries. These valves are used in catalytic cracking and coking operations, and in distribution service in various petroleum or chemical product lines. Service pressures range up to 2160 psi with temperatures up to 1500 °F.
o. Slurry valves are manufactured in sizes 2" to 24". Special slurry valves are used by aluminum mines and refineries in handling coarse and fine slurries, red mud, and caustic aluminum liquor. These valves are built for rugged heavy-duty service with rigidity and strength to withstand severe corrosive, erosive, and scaling conditions. They are sometimes lined with special alloys such as nickel for corrosion resistance. They are used in services up to 1000°F. and pressures up to 1440 psi.
p. Ductile iron gate, globe, angle, and check valves are manufactured in sizes 2" to 24". Primary markets for these valves are power generation, petroleum refining, and the petro-chemieal and chemical industries. Service pressures are up to 720 psi, with service temperatures up to 650 °F.
5. There are nationally recognized standards of product quality for the valves and fittings industries.
6. Each product in the product lines manufactured by Stockham meets or exceeds these nationally recognized standards of product quality.
7. Component parts for valve products in the valve products lines at Stock-ham are machined to extremely close tolerances and specifications so that such valve products may be safely and efficiently used for the purposes for which they are designed and manufactured.
8. Tapping operations upon pipe fittings in the pipe fittings product lines of Stockham are performed to extremely close tolerances and specifications so that such pipe fittings may be safely and efficiently used for the purpose for which they are designed and manufactured.
9. The following is a brief survey of the manufacturing processes involved in each of the product lines at Stockham:
(a) Grey iron castings for fittings and valve bodies are made in the Grey Iron Foundry Department. Molds are prepared by forming the impression of the molding pattern in specially treated sand. Usually a core made of a specially treated sand in the Main Core Room Department is inserted in the center of the
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mold to form the center opening in the casting, whether it be a fitting or a valve body. Iron from the Yard is loaded into a cupola, melted and poured into the prepared mold. After cooling, the castings are taken from the mold, excess materials on the casting are cut off, and the castings are ground and cleaned, and then inspected by the Foundry Inspection and Galvanizing Inspection Department. Valve body castings go to the Valve Machining and Assembly Department ; fittings and unions castings go to the Tapping Room and Union Assembly Department, except those to be galvanized go first to the Galvanizing Department.
(b) Malleable iron castings for fittings are made in the Malleable Foundry Department. A mold is made by using a pattern and specially treated sand; and usually a core, made in the Main Core Room Department, is inserted in the center of the mold. Molten metal is prepared in a cupola and poured into the finished molds. The castings are then heat treated to give them their malleable properties. The eastings are then ground, sheared, and inspected by the Foundry Inspection and Galvanizing Inspection Department. Fittings and unions castings are sent to the Tapping Room and Union Assembly Department, except those to be galvanized go first to the Galvanizing Department.
(c) The Brass Foundry Department principally produces bronze body castings for bronze valves, but it also produces castings, such as brass seat rings, for the other departments. The castings are made by forming a sand mold around a pattern, with a sand core from the Brass Core Room Department inserted in the center. Brass of a specific alloy content is melted in a furnace and poured into the prepared mold. Brass valve body castings are cleaned and inspected by the Foundry Inspection and Galvanizing Inspection Department. Other bronze castings are inspected and sent to the departments where they will be used.
(d) In the Galvanizing Department, fittings and unions are dipped in acid solutions for cleaning. They are then submerged in molten zinc and quenched in water, leaving a coating of rust-proof zinc on the fittings and unions. These fittings and unions then go to the Tapping Room and Union Assembly Department.
(e) In the Tapping Room and Union Assembly Department, threaded fittings have precision chamfered threads machined into them. Flanged fittings are drilled and faced. Other finishing operations are carried out on both types of fittings. The three-piece unions have precision seat rings inserted, are otherwise finished, and are assembled by joining the head to the tail with the nut.
(f) These fittings and unions then pass through the Final Inspection and Union Inspection Department. After inspection, they go to the Shipping Room Department, where they are warehoused.
(g) The Valve Machining and Assembly Department produces an array of sizes and types of valves. Iron valve body castings from the Grey Iron Foundry Department, ductile iron body castings from the Grey Iron Foundry Department, and bronze valve body castings from the Bronze Foundry Department, along with the other valve parts, are precision machined and assembled.
(h) The assembled valves go to the Valve Finishing Inspection Department for inspection and testing. After inspection, the finished valves go to the Shipping Room Department for storage.
(i) The Shipping Room Department warehouses the finished products and fills and ships customer orders.
(j) As the dispatchers decide that a particular item is to be made somewhere in the plant, the Dispatching Department employees take the proper unfinished items to the particular area of the plant for completion of the manufacturing process. For example, the Dispatching Department employees take rough castings to machine operators in the
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Valve Machining and Assembly Department for finishing and take patterns from the pattern storage area to the molders in the foundries as changes are made.
(k) The Pattern Shop Department makes and repairs patterns which are used to make the impressions in the molds in the foundries.
(l) The Electrical Shop Department does maintenance on all electrical equipment, building wiring, and does new electrical construction on both buildings and equipment.
(m) The Valve Tool Room Department sharpens and maintains the tooling used in the machining of valve parts.
(n) The Foundry Repairs Department is responsible for mechanical maintenance of all equipment in the foundries and for installation of new equipment in the foundries.
(o) The Machine Shop Department maintains plant equipment and performs the types of work common to a machine shop. •
(p) The Construction Department keeps the plant buildings in good repair and does construction work on new buildings.
(iii) Working Conditions at Stockham
1. The foundry industry by nature is somewhat hot and dusty but the working conditions at Stockham’s foundries are superior to the working conditions of the average foundry in the southeastern part of the United States.
2. The skilled production jobs in foundries include the jobs of core making and molding machine operator. Although these jobs were historically “white jobs” in most places in .the southeastern United States, black employees have historically held these more desirable production jobs in Stockham’s foundries.
3. Black employees at Stockham are employed in jobs that historically have been held almost exclusively by white employees in the industry. (Stockham Ex. 74)
4. Since 1965, the Birmingham office of the Alabama State Employment Service has had approximately 10,000 job applications per year and has serviced approximately 20% of the unemployed persons in Birmingham (60% of that 20% were black). At no time since 1965 has there' been a substantial number (between 5 and 10) of black applicants for jobs as machinists, blacksmiths, electricians, carpenters or pattern makers.
5. Stockham received the Birmingham Urban League’s Business Hiring Award for 1973 for hiring more minority referrals from the Birmingham Urban League than any other employer.
6. The working conditions of plaintiffs or the class or classes they represent are not hotter, dustier, or dirtier than the working conditions of white employees at Stockham.
7. The jobs of plaintiffs or the class or classes they represent are generally no less desirable with reference to working conditions than the jobs of white employees at Stockham.
(iv) Stockham’s Incentive Pay System
1. The incentive pay system provides . extra compensation for the good worker without regard to race and does not discriminate in its operation as a method of determining pay, against plaintiffs, or the class or classes they represent in this action. (Stockham Ex. 51A and B)
2. The incentive pay system divides incentive jobs into direct incentive compensation jobs and indirect incentive compensation jobs. (Stockham Ex. 51A and B)
3. The direct incentive pay system applies to those jobs which are directly concerned with production. (Stockham Ex. 51A and B)
-" 4. The indirect incentive pay system applies to those jobs which support production. (Stockham Ex. 51A and B)
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5. The incentive pay system operates solely with reference to jobs, not the race of the employees holding any partieular job. (Stockham Ex. 51A and B)
6. The incentive system at Stockham is based upon the Bedaux incentive system which is widely used throughout United States industry.
7. An incentive worker receives an allowance to compensate for: (1) scrapped goods beyond his control; (2) fatigue from heat and other environmental circumstances; (3) auxiliary work; and, (4) personal time.
8. The direct incentive worker is assured the equivalent of a 60 unit hour at his base pay rate.
9. Before an incentive value can be established for a direct incentive job, the method of the job must be standardized. For a job to be subject to standardization it must be repetitive and capable of being performed in a uniform manner or method. Once the method is established, the job is studied and incentive values established.
10. The indirect incentive worker is assured of not less than 65 unit hours, an assured rate equivalent to slightly higher than midway through his pay classification.
11. Some production jobs are not on the incentive system because they are so new the method has not.been standardized or because incentive applications are not practical for that particular job. All production jobs capable of being measured and standardized are placed on the incentive system as soon as possible.
12. Maintenance work is not repetitive or uniform and therefore maintenance jobs are not on the incentive system.
13. A direct incentive worker’s pay averages approximately 25% over his incentive base pay.
14. Plaintiffs’ statistics substantiate the testimony that direct incentive work.-, ers actual pay is approximately 25% over base rate. The unadjusted average hourly rate for white incentive workers is $3.15 and for black incentive workers is $2.98. The unadjusted average actual earnings per hour for white incentive workers is $4.09 and for black incentive workers is $3.91. (Plaintiffs’ Ex. 97)
15. As of September 1, 1973, there were 178 white and 869 black incentive employees at Stockham. (Plaintiffs’ Ex. 79)
16. The production jobs in the bargaining unit which are under the incentive system of pay are in job classes 2 through 9. (Stockham Ex. 51A and B)
17. The incentive pay system does not discriminate against plaintiffs or the class or classes they represent as a conceptual method of determining pay. (Stockham Ex. 51A and B)
18. The indirect and direct systems of incentive compensation do not discriminate against plaintiffs, or the class or classes they represent.
19. The method by which it is determined that a job qualifies for indirect or direct incentive compensation is not discriminatory against plaintiffs, or the class or classes they represent.
(v) Stockham’s Merit Rating System
1. For each job classification at Stockham there are different levels or gradations of pay for non-incentive employees. (Stockham Ex. 51A and B)
2. A job’s classification is determined by evaluating the job and describing it on a point value basis. (Plaintiffs’ Ex. 85)
3. To advance from one gradation of pay to the next, beginning with the starting rate for his job class, a non-incentive employee must obtain a predetermined merit score under the merit rating system. (Stockham Ex. 51A and B)
4. The merit rating system as it presently operates at Stockham has been in existence since prior to 1950.
5. For non-incentive workers, a higher merit score is required for advancement to each successive gradation of pay
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within a job class. (Stockham Ex. 51A and B)
6. A new employee is rated at the end of his first three (3) months on the job, at the end of his first six (6) months on the job, and thereafter at the end of each six (6) month period of employment. (Stockham Ex. 51A and B)
7. The performance of all hourly rated employees, both incentive and non-incentive, is rated. (Stockham Ex. 51A and B)
8. The merit score received by a non-incentive employee is used to determine whether he will be given an increase in pay within his job classification. The merit score received by an incentive employee has no effect on his pay. (Stockham Ex. 51A and B)
9. The merit scores received by both incentive and non-incentive employees become part of their personnel records and constitute a record of their performance on the job for a given six (6) month period. (Stockham Ex. 51A and B)
10. The foreman under whose direct and immediate supervision an employee works is the individual who performs the merit rating. (Stockham Ex. 51A and B)
11. The rating is based on the firsthand observation by the foreman of the employee’s performance on the job for the prior six (6) months. (Stockham Ex. 51A and B)
12. The foreman performing the merit rating is required to complete form “PE-1” entitled “Personnel Rating” which entails evaluation of the seven (7) following factors: quantity, quality, job or trade knowledge, ability to learn, cooperation, dependability and industry, and attendance. (Stockham Ex. 51A and B)
13. For each of the seven factors listed above, the rater must place a check mark in the block on the merit rating form indicating whether the rated employee’s performance over the prior six (6) months has been unsatisfactory, poor, average, superior or exceptional. (Stockham Ex. 51A and B)
14. The terms “unsatisfactory,” “poor,” “average,” “superior” and “exceptional” are defined in written terms on the merit rating form. (Stockham Ex. 51A and B)
15. All merit ratings performed by a foreman are revised and approved by the foreman’s immediate superintendent. (Stockham Ex. 51A and B)
16. The completed and approved merit rating form is sent to the Industrial Relations Department where it is graded by Mr. Willard Bagwell, the wage and salary administrator, or someone under his direction. (Stockham Ex. 51A and B) The foreman who evaluated the employee and the superintendent approving the rating do not score the rating. (Plaintiffs’ Ex. 85)
17. The merit rating form is graded according to a predetermined numerical table which is applicable to all hourly employees without regard to race. The rating foreman is unaware of the point values assigned to each category. (Stockham Ex. 51A and B)
18. The merit rating system is not used to reduce an employee from one gradation of pay to another. (Stockham Ex. 51A and B)
19. Since June 10, 1970, each foreman is required to review the merit rating with each employee he rated at least once a year pursuant to the collective bargaining agreement. (Stockham Ex. 23 and 24)
20. Since June 10, 1970, an employee who did not receive a pay increase because of his merit rating could ask for a meeting with his foreman, superintendent and committeeman to discuss his failure to qualify for an increase. (Stockham Ex. 23 and 24)
21. Since June 10, 1964, employees have been urged to discuss their merit ratings with their foremen under the terms of the applicable' labor contract. (Stockham Ex. 51A and B)
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22. An employee gets a merit increase if he has a sufficiently high score at least once a year whether his supervisor recommends him for an increase or not. (Plaintiffs’ Ex. 85)
23. Only infrequently has a supervis- or not recommended an employee for a merit increase if the employee scored high enough to receive an increase on his merit rating. (Plaintiffs’ Ex. 85)
24. Stoekham’s merit rating system does not discriminate against and has not been used to discriminate against plaintiffs or the class or classes plaintiffs represent.
C. Stockham’s Departmental Seniority System
1. The preponderance of the evidence reflects that the objective of the Stock-ham seniority system is to place the best qualified individual on the job in the quickest, most efficient and safest manner possible.
2. Stoekham has operated on a departmental basis since at least 1940. The departmental operation was formalized into a seniority system by agreement with Local 3036 in 1949. The departmental operation was practiced by Stoekham both prior to and subsequent to unionization, and has continued to be accepted by the unions since that time.
3. The defendant United Steelworkers, through the defendant Local 3036, has been the bargaining representative for hourly workers since 1944, and has represented Stockham’s production and maintenance workers at all times material to this action. One of the functions of defendant Local 3036 is the representation of Stockham’s production and maintenance employees in furtherance of their contract demands. The departmental seniority system has been operated and maintained pursuant to the collective bargaining agreements between Stoekham and Local 3036, which have at all times material to this action provided for departmental seniority.
4. The defendant Local 3036 has participated in the collective bargaining negotiations, and the Local 3036 membership ratifies every labor contract between Stoekham and the Union by a majority vote before it becomes effective. Between 700 and 1,000 Local 3036 members voted at the two meetings in 1970 and 1973 held to ratify the labor contracts, and the percentage of members at each ratification meeting was between 65% and 70% black employees.
5. Since World War II, the majority of Stockham’s employees and the union’s members has been black. The majority of the members of the Local 3036 grievance committee and Local 3036’s officers have been black employees of Stoekham since at least 1967. Plaintiffs James and Winston have been officers in Local 3036 in recent years and they participated in labor contract negotiations. In addition, the defendant Steelworkers staff representative, who aids Local 3036 in contract negotiations is black.
6. While other forms of seniority may have been discussed from time to time, the basic (L e., written) bargaining proposals submitted to Stoekham by the Unions have never requested a change from the existing departmental seniority system and have instead reflected an intention on the part of the Unions to preserve the present seniority system.
7. Under the departmental seniority system employed by Stoekham and the Unions, an employee desiring to transfer to a job in his home department or in any other department may apply to do so by filing a timely application for that job. There is no job progression at Stoekham, so an employee may apply for any job for which he feels he is qualified (including clerical, supervisory, and apprentice jobs). When a job vacancy occurs, all pending timely applications for such job are reviewed. Consideration is given to the skill, knowledge, training, efficiency, and physical fitness of the timely applicants. Where two or more applicants have developed these qualities to the same degree, the applicant with the greatest seniority in the
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department where the vacancy has occurred is given preference. If an employee changes departments, he has eighteen months to decide whether he wishes to remain in his new department or return to his old department. If he elects to remain in his new department, for layoff protection the employee retains his seniority in his old department until he has achieved equal seniority in his new department. If, during this period of time, he is laid off in his new department, he may return to his old department with the accumulated seniority of both his old and new departments. If, after the eighteen-month trial period, he elects to return to his old department, he retains his seniority in his old department, with time spent in the new department added to that seniority.
8. The Stockham seniority system is predicated in substantial part upon the fact that Stockham’s Birmingham operation is a “multi-plant” facility, unique in the industries in which it competes, and in part upon considerations of safety and efficiency.
9. There is no evidence of any acceptable alternative to the departmental seniority system employed by Stockham.
10. Stockham’s departmental seniority system neither locks employees into the departments to which they were originally assigned nor deters inter-departmental transfers by employees.
11. Plaintiffs failed to show a single instance of a black employee who desired to move between departments but elected to remain in his present job for fear of losing his accumulated seniority.
12. Stockham employees, both black and white, transfer from department to department; the number of applications for such transfers indicates that employees are not inhibited from making such transfers by the operation of the seniority system or by any fear of losing seniority.
13. Since there is no job progression (or lines of progression) at Stockham, an employee can apply for any job for which he feels he is qualified. Furthermore, there are no entry-level jobs in the departments through which employees are required to move before obtaining other jobs. An employee at Stockham can transfer directly to any job vacancy within a seniority unit for which he is qualified.
14. At all relevant times black employees have accounted for the large majority of all inter-departmental transfers. Black employees accounted for a low of 59.4% in 1965 and a high of 89.-7% in 1968 of all inter-departmental transfers.
15. Where, among applicants for a job vacancy, each has about the same degree of skill, knowledge, training, efficiency, and physical fitness, as evaluated by his foreman, superintendent, and manager, then the applicant with the longest service in the department is given preference for the position. (Plaintiffs’ Ex. 24) In filling job vacancies, seniority is not the sole, or indeed primary determinant of which employee is selected.
16. The timely application procedure at Stockham allows an employee to apply for any job in the plant regardless of whether a vacancy currently exists and to be considered for the job when a vacancy occurs. (Stockham Ex. 51A and B) An employee may file applications for any number of.jobs and maintain any number of applications simultaneously. There is no need for the employee to continually check job postings.
17. From 1965 through 1973, 609 black employees and 590 white employees have filed timely applications. (DX.62) 26.6% of the timely applications filed by black employees and 31% of those filed by white employees have been granted. (Stockham Ex. 78)
18. Through the timely application procedure, black employees are not dependent on other employees for notice of job openings and are not dependent upon their supervisors for promotion and transfer consideration.
19. An employee moving to a new job may attain minimum competence to
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perform the job after some period of time, but he may not become a proficient worker in that job for a period of years. If such an employee were allowed to remain on the job in the event of a layoff while his fellow employee, who had many more years on that particular job but fewer total years with Stockham, was laid off, the efficiency of the manufacturing process would be substantially reduced. An inefficient seniority system could ultimately result in reduced employment at the Stockham facility.
20. A preponderance of the evidence reflects that if the seniority system at Stockham were expanded beyond a departmental concept, the resulting inefficiencies could affect Stockham’s competitive position and result in discontinuance of some product lines and consequently, a reduction in existing employment of Stockham employees.
21. Stockham employees who have worked in a given department are more familiar with the operations of the department and any safety hazards involved in working in that department. They are able to assume the duties of a job in that department quicker, with less expense, and with greater safety, than employees from outside the department who lack such familiarity.
22. In putting the best qualified man on the job, Stockham must consider not only the safety of the worker, his fellow workers and the protection and maintenance of expensive manufacturing equipment, but also the maintenance of high standards of product quality in order to insure the safety of the ultimate users of the products.
23. There are equal earnings opportunities in virtually all of the seniority units at Stockham with no department or departments monopolizing the higher paying jobs. For instance in the malleable seniority unit, six of the top 10 wage earners in 1972 were black with one black in a class 3 incentive job earning $10,129.84. Likewise, in the grey iron foundry unit, 9 of the top 10 wage earners in 1972 were black with one black, a class 6 incentive worker, earning $11,250.85. In the brass foundry seniority unit, all of the top ten wage earners in 1972 were black with one black earning $9,375.99. These departments should be compared with the (predominantly white) pattern shop seniority unit, where in 1972, the top 10 wage earners were all white class 13 workers but the highest white earned only $8,866.82. In the valve machining and assembly seniority unit in 1972, the top wage earner was white but earned only $10,217.24. In the valve tool room seniority unit, the top wage earner, in 1972, a white class 13 worker earned only $8,761.60. (Stockham Ex. 87) A thorough analysis of the top wage earners in each seniority unit shows that for the most part the economic opportunities in all seniority units are essentially equal. In ten of the twenty-two seniority units listed in plaintiffs’ exhibit 11, the unadjusted black gross earnings
exceeded
unadjusted white gross earnings and in 9 of the 22 seniority departments the unadjusted black hourly earnings
exceeded
unadjusted white hourly earnings. There is no reason to believe that four black workers such as Willie Rooks, Melvin Thomas, Simon Irby and Douglas McCoy, all of whom made more than $9,500 in 1972, would desire to move or transfer from the malleable foundry to the pattern shop, where the top white wage earner, a class 13 worker, made only $8,866.82 in 1972, or to the foundry repairs unit where the top earner made less than $9,500. (Stockham Ex. 87; Plaintiffs’ Ex. 16) The relatively high earning opportunities in the foundries (malleable, brass, and grey iron) suggest that the high number of blacks in these departments results from voluntary choices by these employees to work in those departments where the most money can be made.
24. The evidence introduced by plaintiffs failed to establish that there are demonstrably superior working conditions in certain departments, and this
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Court finds that the working conditions in various departments at Stockham are generally the same.
25. At no time has Stockham maintained a policy prohibiting transfers between seniority units and there have never been any restrictions on the number of interdepartmental transfers.
26. The record evidence does not support the conclusion that at any relevant time, Stoekham’s departmental seniority system has discriminated against plaintiffs or the class or classes they represent.
27. The record evidence does not support the conclusion that Stockham’s present modified departmental seniority system discriminates against plaintiffs or the class or classes they represent.
28. The record evidence does not support the conclusion that Stockham’s departmental seniority system locks black employees into particular jobs, pay categories, or departments.
29. The record evidence does not support the conclusion that black employees remain in certain departments because they fear losing seniority.
D. Initial Assignment at Stockham
1. Approximately 68% of Stockham’s work force is black and the great majority of the membership in Local 3036 is black.
2. The representation of blacks among Stockham production and maintenance employees exceeds the representation of blacks among federal blue collar workers by 89.2% to 185.5% within educational cells. (Stockham Ex. 17)
3. The representation of blacks among blue collar employees of the federal government is 23.7% and among production and maintenance employees at Stockham is 68%. (Stockham Ex. 17)
4. Approximately 11% of the national work force is black and approximately 23.7% (or twice as many) of the federal blue collar workers are black. Approximately 68% (or almost 3 times the local labor market)' of Stockham’s employees are black.
5. The fact that Stockham’s representation of blacks to whites exceeds that of the Birmingham SMSA by 177.-6% indicates that job opportunities for blacks at Stockham are superior in relation to the Birmingham labor market as a whole.
6. As pointed out in the findings relative to the seniority system, the seniority units at Stockham were established no later than 1950 and were developed because of functional, nonracial reasons. Black employees work in each seniority department at Stockham. (Plaintiffs’ Ex. 9 and 10)
7. The departments at Stockham cannot be analyzed in abstract terms; it is necessary to consider the number of jobs in any department; the type of work performed therein; and, the skills and qualifications required for successful job performance.
8. Stoekham’s black employees work in jobs often filled by whites at other employers, and black employees have the most desirable production jobs in Stock-ham’s foundries. (Stockham Ex. 74) The more skilled production jobs in foundries in the South and throughout the nation are the core-making and molding machine operator jobs which historically were considered to be “white jobs” in the foundry industry. Blacks have historically held these jobs at Stockham, and this is one of the explanations for the large number of blacks in the foundry departments. Historically, blacks came to Stockham and requested jobs as core-makers and molding machine operators — jobs they knew to be available to them only at Stockham. Another factor is that the foundry departments offer some of the highest earnings opportunities at Stockham.
9. Since 1965, the Birmingham office of the Alabama State Employment Service has had approximately 10,000 job applications per year and has serviced approximately 20% of the unemployed persons in Birmingham (60% of that 20;%
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were black). At no time since 1965 has there been a substantial number
(i. e.
between 5 and 10) of black applicants for jobs as machinists, blacksmiths, electricians, carpenters or pattern makers.
10. Black employees fill 10 (5%) of approximately 200 craft jobs at Stock-ham. Five percent is not an underrepresentation of blacks in craft jobs compared to the local and national labor markets.
11. There is no black employee of Stockham who has completed an apprentice program at Stockham or elsewhere which qualifies him as a millwright, machinist, pattern maker, welder, carpenter, electrician, box floor molder, auto truck mechanic, blacksmith or heat treater who is not working in such capacity for Stockham.
12. 'There is no black employee holding a certificate of eligibility to work as a journeyman millwright, machinist, pattern maker, welder, carpenter, electrician, box floor molder, auto truck mechanic, blacksmith or heat treater who is not working in such capacity for Stock-ham.
13. Of the 626 employees (251 white and 375 black) employed as of January 1, 1974, who had sought a specific job when applying to Stockham for employment, 61% of the white employees and 53% of the black employees were placed in the job of their own selection. (Stockham Ex. 58)
14. Stockham has provided jobs for many black employees, who, but for their Stockham jobs, would be among the hard-core unemployed. (Stockham Ex. 74)
15. Stockham received the Birmingham Urban League’s Business Hiring Award for 1973, for hiring more minority referrals from the Birmingham Urban League than any other employer in the greater Birmingham area.
16. This Court finds that Stockham has at no time made initial job assignments (either to departments or to specific jobs) on the basis of an employee’s race.
E. Promotions and Transfers at Stockham
1. The evidence shows that the objective of the transfer and promotion system at Stockham is to get the best qualified individual on the job in the quickest, safest manner possible.
2. The classification of jobs at Stockham into job classes 2 through 13 is a system for rating the complexity of a job or the skills required to perform the job. The complexity and required skills increase as the job class number increases.
3. The job classification system as established and maintained at Stockham does not discriminate against any person on the basis of his race. In the early 1950’s for the most part, each of the jobs in the plant was studied and evaluated in terms of job functions. The job classification assigned to any job indicated only the relative skills, abilities and prior training necessary for a worker to perform adequately the particular task.
4. The job classification assigned to any job does not provide any indication of the desirability of the job in terms of earnings potential or actual working conditions. A comparison which contrasts one employee in job class 4 with another in job class 10 is an abstract comparison; it offers no meaningful comparison of the terms and conditions of the two individuals’ employment..
5. The evidence in this case clearly establishes that the job class held by a particular individual normally has very little to do with the amount of his actual earnings because of the incentive pay system at Stockham. Incentive workers typically make approximately 25% more than their base rate of pay, and of the 75 persons in the production and maintenance unit making more than $9,000 per
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year in 1972, 40 of those employees were in job classes 9 and below.
6. In connection with varying work conditions associated with different jobs at Stockham, plaintiffs failed to prove that there is any correlation between job classification and the quality of work conditions. Allegations of discrimination in work conditions are not susceptible to proof by statistics and plaintiffs had equal access to the type of information required to prove a variance in work conditions. The evidence showed, however, that many of the jobs carrying classifications 10 through 13 involve working conditions which were equal to or worse than some of the jobs which plaintiffs themselves labeled as “hot, dirty and dusty.”
7. Two jobs on which plaintiffs spent exhaustive time in an effort to prove them to be “white” jobs were box floor molder (large), a class 12 job, and crane operator, a class 11 job. Plaintiffs failed to establish that either of these jobs possessed more desirable attributes in terms of either compensation or working conditions. The following table, derived from plaintiffs’ exhibit 16 which shows the relative earnings of employees within the seniority units, demonstrates that the economic advantages of these jobs are no higher than those jobs held by many blacks.
NAME RACE JOB TITLE SENIORITY UNIT 1972 EARNINGS A * B **
Ronald L. Parsons W Crane Operator Grey Iron $8387.12 8th 7
Ernest Kilpatrick W Box Floor Molder Grey Iron $8170.02 12th 10
Ernest Alverson W Crane Operator Grey Iron $7833.24 18th 15
Phillip Naylor W Crane Operator Grey Iron $6937.14 86th 81
William P. Williams W Crane Operator Malleable $8338.99 25th 20
Ralph D. Mowery W Crane Operator Malleable $8229.57 27th 21
A * —Rank Within Department
B ** — Number of Blacks Within Department Earning More
8. Plaintiffs’ failure to prove any correlation between job class and desirable working conditions, coupled with the extensive evidence showing no correlation between job class and actual earnings, demonstrates that no conclusion of racial discrimination can be drawn from the mere fact that the “average” job class for blacks is lower than the “average” for whites.
9. Black production and maintenance employees accounted for a large majority of the inter-departmental transfers between 1965 and 1972. (Stockham Ex. 61)
10. There is no black employee of Stockham who has completed an apprentice program at Stockham or elsewhere which qualifies him as a millwright, machinist, pattern maker, welder, carpenter, electrician, box floor molder, auto truck mechanic, blacksmith or heat treat-er who is not working in such capacity for Stockham.
11. There is no black employee holding a certificate of eligibility to work as
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a journeymen millwright, machinist, pattern maker, welder, carpenter, electrician, box floor molder, auto truck mechanic, blacksmith or heat treater who is not working in such capacity for Stock-ham.
12. Blacks are employed in each seniority department at Stockham. (Plaintiffs’ Ex. 9 and 10)
13. Whenever a vacancy occurs, jobs are filled in accordance with the provisions of the labor contract. (Stockham Ex. 51A and B)
14. The factors . in determining whether an individual is qualified are set forth in paragraph 1 of Section XIII of the labor contract and consideration is given to the “skill, knowledge, training, efficiency, and physical fitness” of the employees being considered. (Stockham Ex. 51A and B; Plaintiffs’ Ex. 24)
15. Where among the employee's filing timely applications within the department, each has about the same degree of skill, knowledge, training, efficiency and physical fitness, the employee having the longest service in the department is given preference for job vacancies. (Stockham Ex. 51A and B)
16. A job need not be vacant before an interested employee can file a timely application for the job. (Stockham Ex. 51A and B)
17. The formalized timely application procedure was made a part of the 1970 collective bargaining agreement applicable to the production and maintenance employees of Stockham. (Stockham Ex. 51A and B)
18. The timely application procedure permits an employee to apply for transfer to another job in the plant before a vacancy in the job applied for actually occurs. (Stockham Ex. 51A and B)
19. The timely application procedure permits an employee to maintain simultaneously several current applications for transfer to other jobs. (Stockham Ex. 51A and B)
20. The timely application procedure permits an employee to apply for transfer to another job he desires without the necessity of his regularly checking current job postings to ascertain that there is a vacancy in the job he desires. (Stockham Ex. 51A and B)
21. A timely application is written up for an individual by his foreman at his request and the application is forwarded to the superintendent who retains a copy and sends a copy to the personnel department. A copy is also given to the employee’s union representative.
22. Any employee at Stockham can file a timely application for any job at Stockham, although the labor contract relates to hourly jobs only.
23. The timely application procedure was initially formalized in 1965 and became a part of the collective bargaining agreement in 1970.
24. From 1965 through 1973, a total of 1,199 timely applications were filed. (609 by blacks and 590 by whites.) (Stockham Ex. 62)
25. 25.62% of all timely applications filed by black employees and 31.02% of all timely applications filed by white employees since 1965 have been granted.
26. Stockham proposed in the 1973 labor negotiations that supervisors notify in writing the committeeman or in his absence the senior qualified man in a seniority group, of all new jobs or expected vacancies for which timely applications have been filed. (Stockham Ex. 80)
27. According to the current labor agreement, a worker transferring from one department to another at the direction of management has 18 months to decide whether he wants to remain in the new department. If he elects to remain in the new department he will retain his seniority in his home department until he has been in the new department as long as he was in the old department. (Stockham Ex. 80; Plaintiffs’ Ex. 24)
28. An employee moving to a new job may attain minimum competence after some period of time but may not
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become a proficient worker in that job for a period of years depending upon the complexity of the job.
29. Stoekham introduced extensive testimony regarding the qualifications needed by individuals to perform the critical jobs — the craft, highly skilled and skilled jobs — safely and efficiently, as reflected in the findings of fact,
infra.
The critical jobs are for the most part those jobs in class 10 and above. This evidence was in the form of objective criteria applied to all workers alike. The evidence stands uncontradicted by plaintiffs and when confronted directly, plaintiffs were unable to show a single instance of a qualified black who sought one of these jobs and was rejected while whites of equal or inferior qualifications obtained the job.
30. The relatively small number of blacks in certain high skilled and craft jobs at Stoekham is due not to the discriminatory practices of the defendant, but due instead to the absence of qualified black employees.
F. Job Qualifications Essential For Certain Skilled, Highly Skilled and Craft Jobs — The Critical Jobs
(1) Craft and Highly Skilled Maintenance Jobs
1. The jobs of Millwright First Class, Electrician First Class, Carpenter, Patternmaker, Blacksmith, Welder Specialist and Machinist First Class are critical jobs. They are highly skilled, journeyman trade maintenance jobs requiring the completion of an apprenticeship or equivalent job training. Each of these jobs requires the maintenance or operation of expensive equipment and affects the safety of the journeyman and other employees who work around him, or follow behind him, as well.
2. The jobs of Millwright, Repairman, Electrician Second Class, Machinist Second Class, Electric Acetylene Repair Welding and Auto-Truck Mechanic are critical jobs and are highly skilled maintenance jobs requiring considerable training involving the maintenance or operation of expensive equipment, and affecting the safety of the particular tradesman and other employees working with him, or following behind him, as well.
3. There is no formal or automatic line of progression from Repairman to Millwright to Millwright 1st Class, nor from Electrician 2nd Class to Electrician 1st Class, nor from Machinist 2nd Class to Machinist 1st Class.
4. The jobs of Machinist 2nd Class, Electrician 2nd Class, Repairman, and Millwright require significantly more supervision than a journeyman, or 1st Class tradesman, in those trades. They also require some degree of attention from the journeymen in their field of work. Thus, some time and effort of the journeymen is taken up in providing instruction, training, and direction for others working below him in his trade.
5. The aptitude of a prospective applicant for a highly skilled or craft maintenance job may be indicated by the jobs which the applicant has held previously and by his hobbies, which may provide an insight into his interests and skills.
6. More highly skilled tradesmen are trained through the Apprentice Program at Stoekham than through on-the-job training.
7. A blueprint reading course and a shop math course are offered by Stock-ham to employees who are interested in developing, through classroom study after normal working hours, some of the skills necessary for following the highly skilled trades.
Millwright Trade
8. The job Millwright 1st Class at Stoekham is a critical job and a highly skilled job equivalent to what is generally known as a journeyman millwright. The duties of the job are highly varied, involving work such as precision leveling and preparation for operation of complex machinery, erection of buildings, and maintenance for and trouble-shoot
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ing of equipment. The job requires ability to weld, burn, and do most types of fabrication. Working conditions may be hazardous, including working at heights, working in close proximity to potentially fatal electric currents, and rigging and handling heavy machinery in close quarters. The Millwright 1st Class is a leader and instructor of other men working in the millwright trade. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
9. The job of Millwright at Stock-ham is a critical job involving many of the same operations as the job Millwright 1st Class, but the skills of the Millwright are developed to a lesser degree than skills of the Millwright 1st Class. A Millwright may be able, by experience and outside study of mathematics, blueprints and mechanics, to move up to the job of Millwright 1st Class. Like the Millwright 1st Class, the Millwright must be able to burn and weld. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
10. The job of Repairman at Stock-ham, a critical job, is a highly skilled maintenance job and is held by employees who are following the millwright trade, and in some cases, the carpenter trade. The Repairman assists the Millwright and Millwright 1st Class. The job requires some degree of skill in welding and burning. The Repairman does building repair, assists in equipment installation and steel erection, and performs or assists in the performance of the other duties of the millwright trade. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
11. Though some employees are able through application and outside study to advance from Repairman to Millwright, or from Millwright to Millwright 1st Class, there is no automatic line of progression from Repairman to Millwright, or from Millwright to Millwright 1st Class.
12. If an incompetent or inadequately trained employee undertook to perform the duties and functions of a Millwright 1st Class, he might damage equipment or buildings; he might create a trap or hazard for other employees who came along after him; and, he might expose those people working with him to hazards in the course of installing or maintaining equipment or buildings.
Electrician Trade
13. The job of Electrician 1st Class is a critical job involving the responsibility of handling all electrical maintenance problems, including trouble-shooting electrical and electronic equipment, repairing equipment, and laying out and preparing for the installation of electrical equipment. The Electrician 1st Class must be able to read and interpret blueprints. The job involves the constant exposure to potentially fatal electrical shock, both to the Electrician 1st Class himself and to others who follow along behind him working on equipment which the Electrician 1st Class has wired or repaired. Electricians frequently work at heights, especially in the installation and servicing of lighting and ventilation fans. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
14. The job Electrician 2nd Class, a critical job, is a highly skilled maintenance job and involves many of the same operations as the job Electrician 1st Class, but the skills of the Electrician 2nd Class are developed to a lesser degree than those of the Electrician 1st Class. With 2 or 3 years’ experience in the job of Electrician 2nd Class and with outside study of mathematics, blueprint reading and electrical codes, the
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Electrician 2nd Class may be able to advance to the job of Electrician 1st Class. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
15. If an incompetent or inadequately trained employee undertook to perform the duties of an Electrician 1st Class, he might expose himself or any other employee who came in contact with electrical equipment to a potentially fatal electrical shock.
Machinist Trade
16. The job Machinist 1st Class, a critical job, is a journeyman craft job requiring the capability of taking drawings, sketches, and other information, and by use of machines common to the machinist trade, preparing new parts or repairing existing parts for various pieces of equipment. The Machinist 1st Class must be capable of operating the majority, if not all, of the machines in the machine shop. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
17. The job of Machinist 2nd Class, a critical job, is a highly skilled maintenance job and requires the operation of at least one, and usually more than one, machine in the machine shop. By operating the various machines in the machine shop over an extended period of time, and by outside study in blueprint reading, in the use of precision measuring equipment, and of elementary information on metals, metallurgy, and methods of machining metals, the Machinist 2nd Class may be able to advance to the job of Machinist 1st Class. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
18. If an incompetent or inadequately trained Machinist undertook to perform the duties of a Machinist 1st Class, he might damage the machine he was operating; he might scrap the material on which he was working; he might cause damage to be done to the machine on which the part he was making was to be installed; and, he might cause injury to other employees or himself.
Auto-Truck Mechanic
19. The job of Auto Truck Mechanic, a critical job, is a highly skilled maintenance job and involves the maintenance and repair of the various pieces of rolling stock used throughout the Stockham plant. There is no entry level job from which a man can progress to the job of Auto Truck Mechanic, and there is no apprentice program for this job. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
Pattern Maker Trade
20. The jobs of Pattern Maker, job class 13, and Pattern Assembly and Repairs, job class 10, are both critical jobs in the Pattern Shop department. The Pattern Maker is a highly skilled craftsman who takes engineering drawings and, by use of hand tools and machine tools, makes a master pattern. From this master pattern, metal patterns for use in making the molds in the foundries are cast. The Pattern Maker takes these metal patterns and finishes them, matching them together perfectly, and places them on a pattern plate so that the two sides of the pattern match perfectly. The job of Pattern Assembly and Repairs is a highly skilled maintenance job involving the repair of patterns through the use of a variety of hand and machine tools. The job of Pattern Maker and the job of Pattern Assembly and Repairs require similar qualifications. However, the class 13 job demands that the skills involved in working with patterns be developed to a much higher degree than the class 10 job. Employees holding these jobs must have good manual dexterity, for they are working with their hands in very precise
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work; they must be able to use mathematics such as trigonometry and shop math, including working with fractions and decimals; they must be able to interpret and work from engineering drawings; they must be able to work largely unsupervised; and they must understand the expansion characteristics of the metals with which they will be working. It is almost a necessity that the Pattern Maker shall have.completed an apprentice program for his trade. The evidence does not show that a qualified black employee ever applied for these jobs and was “passed over” in favor of an equally or less-qualified white employee.
Blacksmith
21. The job of Blacksmith, a critical job, is a craft maintenance job involving the heating, shaping and forming of metals. No other job at Stockham would directly qualify a man to perform the duties of the job of Blacksmith.
Welder Trade
22. Though the jobs of Union Melt Machine Welding, job class 9, Electric Acetylene Repair Welding, job class 11, and Welder Specialist, job class 13, in the valve Machining and Assembly department are all critical jobs and are somewhat related, the degree of skill required varies greatly from job to job. The Welder Specialist does critical welding on parts for steel valves and overlays of hard facing material on various grades of stainless steel. Different welding techniques are required on different alloys of metal. His work is not repetitive, and he must work with a minimum amount of supervision. The Welder Specialist must have a minimum of two years experience as a welder, and he must pass a test designed to prove his ability to weld on pressure-containing surfaces. The job of Union Melt Machine Welding requires considerably less skill than the job of Welder Specialist. The class 9 job does not necessarily provide training for the class 11 job, which, in turn, does not necessarily provide training for the class 13 job. The degree of skill required in each of these three jobs is clearly distinguishable, with the Welder. Specialist job being a craft job and the other two jobs being highly skilled jobs. The evidence does not show that a qualified black employee ever applied for any of these jobs and was “passed over” in favor of an equally or less-qualified white employee.
23. The job Electric Acetylene Repair Welding can provide some training for the class 13 Welder Specialist job, but operation of the Union Melt Welding Machine, class 9, does not provide training in acetylene or electric welding, which are both required in the class 11 Electric Acetylene Repair Welding job. The difference in the degree of skill required between the class 11 job and the class 13 job is considerable.
24. In order to become a class 13 Welder Specialist, the employee must know the various overlays to be applied, the hard facing and how to apply it, and how to weld on various alloys of stainless steel. The types of welding involve different welding rods, different fluxes, different settings on the welding machine, and different heat settings. There is no training or apprentice program provided by Stockham to prepare a welder to move to the class 13 Welder Specialist job.
25. Welder, job class 10, is a critical job. A Welder is a highly skilled maintenance job in the maintenance department. The job requires skills and extensive training and involves an entirely different type of welding from that which is done in the Valve Machining and Assembly department. There is no apprentice program or on-the-job training which leads to the job of welder.
Conclusion
26. Each of Stockham’s highly skilled and craft maintenance jobs requires most, if not all, of the following skills or abilities: the tradesman has to be able to read some type of graphic representations, such as drawings, blue
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prints, schematics, or flow diagrams; the tradesman must be able to read instruction manuals for the installation and operation of equipment and he must be able to read and comprehend basic technical literature; and, the tradesman must be competent in some level of mathematics, ranging from trigonometry for electricians to the use of fractions and decimals with very high degree of accuracy for machinists. Thus, these are all extremely critical jobs.
Each of Stockham’s above-described highly skilled and craft maintenance jobs are critical jobs which meet one or more of these criteria: (1) it requires a lengthy training period; (2) it requires high levels of skill; (3) it involves safety of the worker, his co-workers, and the ultimate users of the product; (4) it is essential to the quality of the product; (5) it requires the operation or preservation of expensive and/or dangerous equipment.
(2) Craft and Highly Skilled Production Jobs
27. The jobs of Box Floor Molder (Large), Ductile Melter, G & L Machine Operator, Oven Operator, Crane Operator, Heat Treater, Machine Service Man, and Service Mechanic are all critical jobs and are craft and highly skilled production jobs requiring an apprenticeship or extensive training. Each of these jobs requires the operation of expensive equipment and affects the safety of the particular employee on the job and other employees around him, or those following behind him.
Box Floor Molder (Large)
28. In the Grey Iron Foundry department at Stockham, iron is melted in a cupola. Molds made from specially treated sand are formed on molding units numbered 1 through 4 and in an area called the box floor. The molten iron is poured into the molds, and after cooling, the sand is shaken off. The rough castings which have been produced are cleaned and ground to remove rough spots or imperfections in the casting. Molds for the largest castings are made by hand in the area called the box floor.
29. The molding operations carried out in the box floor area of the Grey Iron Foundry are quite different from the molding operations on Units 1 through 4 in the Grey Iron Foundry. While the molding machine operators on units 1 through 4 may produce hundreds of machine-made molds each day, the Box Floor Molder (Large) may make only 3 molds a day and thus produce only 3 castings in one day. The Box Floor Molder (Large) makes the largest castings — 16" pipe size and larger — for both fittings and valves. He works largely by hand, rather than by using a molding machine. He uses a pattern which is generally on a board. Molding sand is placed on top of the pattern in a large box, or flask, which holds the sand in the mold. A “sand slinger” may be used to “sling” sand under pressure against the pattern in the flask. This process is called “ramming” the sand around the pattern.
The job of Box Floor Molder (Large), job class 12, is a highly skilled, critical job. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee. On rare occasions, Stockham is able to hire a journeyman molder who has attained these skills through completion of an apprentice program with some other employer. In most cases, however, the Box Floor Molder (Large) has completed a Stockham apprentice course involving four years of classroom and on-the-job training. The Box Floor Molder (Large) must be in very good health, and physically tough and strong, because he does relatively heavy work. He must be highly dependable, and he must have better-than-average intelligence. His work is not repetitive — he may not repeat a particular casting for several months. The molds that he makes are for castings which are not
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high-production items, but are for very special work. The working conditions on the box floor are somewhat less desirable than in other parts of the foundry because not only does the Box Floor Molder (Large) make the mold there, but the molten iron is also poured into the mold at that point. In contrast, on the molding machine lines (Units 1 through 4), the mold is made in one place and placed on a conveyor to have molten iron poured into it at another place. Thus, the Box Floor Molder (Large) is subjected to more heat and fumes than the molding machine operators in the foundries.
The job of Box Floor Molder (Large) differs considerably from the job of Box Floor Molder (Small), job class 7. The Box Floor Molder (Small) makes certain small castings which are not run often enough to make it profitable to run them on the high-production molding machines on Units 1 through 4. That is, the size of the moldings produced by the Box Floor Molder (Small) is the same as those produced on a production unit; but the quantity produced is not great enough to justify producing them on the high-production molding machines. The Box Floor Molder (Small) is not a highly skilled tradesman as is the Box Floor Molder (Large).
30. The job of Box Floor Molder (Large) is a non-incentive job because the work is entirely non-repetitive.
31. The Box Floor Molder (Large), job class 12, works on the box floor under conditions of heat and fumes caused by the pouring of molten iron into the large molds made by the Box Floor Molder (Large).
Ductile Iron Melter
32. Ductile Iron Melter, job class 12, is a critical job. The Ductile Iron Melter operates a direct arc electric furnace to produce ductile iron in the Grey Iron Foundry department. He operates the furnace to change the chemical composition of a 2,000 pound charge of malleable iron so that it has the steel-like properties of ductile iron. Producing acceptable ductile iron is a complicated process involving considerable skill and responsibility on the part of the Ductile Iron Melter. The Ductile Iron Melter must be physically strong enough to work around the heat generated by the furnace in bringing the molten metal to a temperature of 2,800 degrees Fahrenheit. He must be able to read and write and make calculations. He must keep detailed melting records and work closely with the Metallurgical Department in maintaining the proper quality of the ductile iron. He must be extremely adept in using the magnesium alloy which goes into the making of ductile iron in exactly the proper amounts and under the proper conditions. He works largely unsupervised in a very responsible job requiring the exercise of discretion. If the Ductile Iron Melter makes a mistake in the operation of the furnace, the product of the furnace may not be ductile iron at all. The 2,000 pound charge of molten metal must be poured within five to ten minutes after it is prepared. If the iron is poured and it then turns out that the iron is not high quality ductile iron, the metal castings are scrap and the molds have been wasted. The Ductile Iron Melter is subjected to heat, smoke, and gases from the molten iron. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
G & L Machine Operator
33. The critical job of G & L Machine Operator in the valve machining area of the Valve Machining and Assembly department requires extremely high skills in the operation of precision machining equipment. Each piece of work run on this machine is essentially a one-of-a-kind operation. The G & L Machine Operator must be able to perform shop mathematics, including some geometry and trigonometry. He must be able to read shop drawings, specifications, and blueprints. The skills required by this
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job are essentially the same as those of a Machinist 2nd Class. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
Oven Operator
34. Oven Operator (malleable annealing)', job class 13, in the Malleable Foundry department is a critical job. The Oven Operator is responsible for operating three gas-fired continuous annealing ovens at temperatures of 1,750 degrees Fahrenheit, 24 hours a day, seven days a week. These ovens are used to anneal, or harden, malleable iron and ductile iron fittings. An Oven Operator would first have to serve as a Continuous Annealing Oven Helper, job class 5, over an extended period of time to become completely knowledgeable about the operation of the annealing ovens. The Oven Operator must be highly dependable because he works unsupervised at night and on weekends. Operation of the furnaces is hazardous, and improper operation could cause an explosion. The operator must exercise good judgment to avoid such an explosion which would damage the extremely expensive annealing- oven. The Oven Operator must be able to read and follow written instructions. The working conditions of the Oven Operator involve working in heat as great as or greater than that found in the Grey Iron Foundry department. There have been no vacancies in the Oven Operator job for a number of years. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
Crane Operator
35. Crane Operator, job class 11, is a critical job. Crane Operators work outside the grey iron and malleable foundries and inside the grey iron foundry in the box floor area. The cranes they operate are approximately 20 feet above the ground in the box floor area and 60 to 70 feet above the ground outside the grey iron and malleable foundries. The cranes move in three planes: the entire crane moves on tracks, the carriage on the crane moves across the crane from one side to the other, and the clamshell or electromagnet on the crane moves up and down. The crane operator is often called upon to operate the crane in all three of these planes at the same time. The crane operator over the box floor lifts molds, flasks, and ladles of molten iron to be poured into the molds. The outside crane operator primarily unloads railroad cars of raw material and charges the cupolas at the foundries. The operator rides in a cab suspended from the crane. The crane operator must be a highly dependable employee; he must have good eyesight, he must be able to work at heights; he must be able to work in a confined area such as the cab in which the crane operator rides; he must be able to read and write; he must be intelligent; and he must follow instructions well. In charging the cupola, the crane operator must weigh exactly the proper amount of raw material to “charge” the cupola. If the crane operator makes an error in the cupola charge 3,000 to 4,000 pounds of scrap metal will be produced; and if this metal is poured into molds to form castings, the castings will be scrap and the molds will have been wasted. The crane operator must be extremely attentive, for he operates over a large area where other men may be working below him on the ground. An inattentive or careless crane operator could easily injure or kill someone working below hirn. The working conditions on the outside crane are substantially the same as the outside weather conditions. The box floor crane operator works under conditions essentially the same as those for the Box Floor Molder (Large). He is working above the box floor area where molds are being poured with molten iron. The crane operator is subjected to the heat, fumes, and dust generated from the pouring of molten iron into the
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molds on the box floor. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
36. The usual practice in training a Crane Operator, job class 11, at Stock-ham, is that the man is trained first on the inside crane above the box floor in the Grey Iron Foundry department. Later, when there is an opening on one of the outside crane jobs, the inside crane operator moves to the outside crane, and a new man is trained on the inside crane.
37. The Crane Operator, job class 11, works near the box floor under conditions of heat and fumes caused by the pouring of molten iron into the large molds made by the Box Floor Molder (Large).
Heat Treater
38. Heat Treater, job class 13, is a critical job and a craft production job in the Tapping Room department. The Heat Treater must have a working knowledge of metallurgy in order to be able to treat individual alloys of steel to obtain the desired hardness. There are no courses or apprentice programs offered by Stockham which would train a man in metallurgy; the Heat Treater must acquire this knowledge on his own before he goes on this job. The Heat Treater uses test equipment to test the hardness of the particular metals to ascertain that they are within specifications. He works with limited supervision. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
Machine Service Man
39. Machine Service Man, job class 11, in the Valve Machining and Assembly department is a critical job and a highly skilled production job. The Machine Service Man must be familiar with the various tools, jigs, and fixtures used in the valve machining area. He must be able to use tools such as sharpeners and grinders, and he must be able to read to determine which jobs are scheduled to be performed in the department so that he will have the proper tools prepared as they are needed. He works with minimum supervision, and he must be capable of examining the tooling used by the machine operators to determine which tooling is serviceable and which tooling needs sharpening or repairs. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee. .
Service Mechanic
40. Service Mechanic, job class 13, is a critical job in the Valve Machining and Assembly department and the Tapping Room department. The Service Mechanic must be familiar with the set up and operation of all the machines and all the products in his particular area. In evaluating an employee for this position, Stockham looks at the man’s work record, both with respect to quality and quantity, his attendance record, and his dependability. The Service Mechanic must have operated the majority of machines in his department. He must be able to read and write and to communicate orally. He must read shop drawings, blueprints, and job specifications. He must work with a minimum of supervision. His communication skills must include the ability to train new machine operators, and he must communicate orally with the Set-up Men or Service Mechanics on other shifts and with his supervisor. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
Conclusion
41. The job of Molding Machine Operator, job class 5, is a highly repetitive operation requiring little or no judgment in the operation of a largely automated machine. Operation of such a
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molding machine would not train or qualify an employee to be a Box Floor Molder (Large). Furthermore, there is no correlation whatever between the job of Molding Machine Operator and the jobs of G & L Machine Operator, Crane Operator, Ductile Iron Melter, or Oven Operator.
Each of Stockham’s above-described craft and highly skilled production jobs are critical jobs which meet one or more of these criteria: (1) it requires lengthy training period; (2) it requires high levels of skill; (3) it involves safety of the worker, his co-workers, and the ultimate users of the product; (4) it is essential to the quality of the product; (5) it requires the operation or preservation of expensive and/or dangerous equipment.
(3) Skilled Production Jobs
42. Stockham has a number of skilled production jobs which require experienced operators to use complex, expensive and often dangerous equipment. These operators must work with little supervision and must exercise discretion.
43. The critical jobs of Machine Operator (valve finishing), Machine Operator (steel valve finishing), Setup Operator (tapping), Three-Way Flange Fitting Facer and One-Way Facer (Mo-line), Drill Press Operator, Finishing Union Heads and Tails, Process Inspector, Automatic Screw Machine Operator, Union Melt Machine Welding, Valve Repairman, Pattern Assembly and Repairs, and Teflon Products Operator require skills, capabilities, and/or training not necessary for the highly-repetitive production jobs in the Stockham plant. The evidence does not show that a qualified black employee ever applied for these jobs and was “passed over” in favor of an equally or less-qualified white employee.
44. Machine Operators, job classes 8 and 9, in the Valve Machining and Assembly department take blank castings and machine them by performing facing, drilling, boring, and threading operations through the use of precision machine tools. The types of machines operated by a machine operator in this department vary with each particular operation.
45. The basic qualifications for a Machine Operator in the Valve Machining and Assembly department are that the Machine Operator must be able to read shop drawings and specifications, he must be able to use precision measuring devices, he must properly set the “speed” (the rate at which the machine, or casting in the machine, turns) and “feed” (the amount that the cutting tool moves into the casting being machined during each revolution of the tool or casting) to insure safe operation of the machine, he must be able to work to tolerances of ten-thousandths of an inch, he must be willing to provide his own precision measuring tools and measuring equipment, and he must be able to use mathematics involving fractions and decimals to high degrees of accuracy and to convert fractions to their decimal equivalents. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
46. The critical jobs of Pattern Maker and Pattern Assembly and Repairs are, respectively, highly skilled and skilled positions requiring the capability of working with metals, and the use of hand and machine tools to high levels of accuracy. The job of Pattern Maker requires the completion of an apprenticeship or equivalent training. Both of these jobs involve skills and capabilities not demanded of repetitive production jobs.
47. The Setup Operator in the Tapping Room Department, job class 7, “sets up”, or adjusts, a “battery” of five to seven machines so that they perform the proper tapping operation on either a male or female thread, to prescribed specifications and standards. He also checks the products run on this battery of machines to make certain that they
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meet the prescribed specifications and standards. The Setup Operator occasionally relieves the Chucker. A Setup Operator, therefore, must have held the job of Chucker in the Tapping Room. Chuckers with the best production and safety records are considered for promotion to the job of Setup Operator. The Setup Operator must be able to read and understand the product specifications; and he must be able to use precision measuring devices such as gauges, squares, and alignment bars. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
48. The Three-way Flange Fitting Facer in the Tapping Room department faces up to three flanges on a fitting at the same time. The One-way Flange Fitting Facer faces one face of a fitting at a time.
49. The Drill Press Operator in the Tapping Room department uses a drill press to drill bolt holes in the flanges of flange fittings. The bolt holes must be drilled precisely so that they will match up with the bolt in any other flange fitting designed to be used with that flange fitting. The Drill Press Operator must be physically tall and strong in order to be able to lift heavy objects to the drill press table which is at a fixed height above the floor.
50. A union, one of the products manufactured by Stockham, is composed of three parts — the nut, head, and tail. In a bronze-mounted union, a brass ring is mounted in the head. The tail fits against this bronze ring, and the nut holds the head and tail together to form a union. The job of Finishing Union Heads and Tails in the Tapping Room department involves the operation of a machine which does precision machining operations on the head and tail of the union at the same time.
51. In considering employees for the critical jobs of Drill Press Operator, Finishing Union Heads and Tails, and Three-way Flange Fitting Facer and One-way Flange Fitting Facer, Stock-ham considers the employee’s production record with regard to both quantity and quality, his safety record with regard to both equipment and personnel, his attendance, and his willingness to buy the necessary precision measuring tools. Operators on these jobs must be able to read job specifications and shop prints, and they must be physically qualified to do the job. Drill Press Operators, for example, must have considerable height to be able to lift castings to the drill press table. Castings weighing 40 to 50 pounds or more are handled by a hoist, but an operator in these positions may be required to handle weights of up to 40 or 50.pounds many times during the working day. The operator, therefore, must be physically able to perform these duties. The evidence does not show that a qualified black employee ever applied for these jobs and was “passed over” in favor of an equally or less-qualified white employee.
52. The Process Inspector in the Tapping Room department, job class 8, cheeks the product of the machines to ensure that the product meets quality standards. He must use precision gauges, squares, and alignment bars. In considering an applicant for this job, Stockham looks at the applicant’s past work record, giving particular emphasis to his quality record and his attendance, dependability, and ability to use precision measuring devices. The Process Inspector must be able to read specifications and job standards; he is called upon to make written reports on the defects he discovers; and he may be required to leave written instructions to a Process Inspector on another shift. He must be physically able to handle larger manufactured parts in the process of inspecting and gauging them. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
53. The critical job of Automatic Screw Machine Operator, job class 9, in
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the Tapping Room department and the bronze valve area of the Valve Machining and Assembly department involves setting up, or adjusting, an automatic machine which produces a number of component parts of Stockham’s products, such as stainless steel seat rings or brass valve stems in the brass valve area, and union parts in the Tapping Room department. Proper operation and adjustment of these automatic machines requires a high degree of skill. In considering applicants for the job of Automatic Screw Machine Operator, Stockham considers the employee’s work record, with regard to both quality and quantity, and his attendance, dependability, and willingness to furnish his own tools and precision measuring equipment. The operator must be able to read blueprints and specifications. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
54. The critical job of Union Melt Machine Welding, job class 9, is a skilled production job which requires many of the skills of a welder but to a lesser degree. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
55. The Valve Repairman, job class 9, in the Valve Machining and Assembly department must be able to read instructions and use hand tools and power tools such as rotary and belt sanders. He must be able to communicate with the valve assembly supervision and the Machine Operators in the valve machining area in the jargon of the Valve Machining and Assembly department. He learns this jargon over a period of time by working in the valve-producing areas of the Stockham plant. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
56. The Teflon Products Operator in the Metallurgical department must be able to read; he must have good eyesight; and he must be physically able to stand all day while doing his job. The evidence does not show that a qualified black employee ever applied for this job and was “passed over” in favor of an equally or less-qualified white employee.
57. Operation of a molding machine in one of the foundries at Stockham does not qualify an employee for the job of Machine Operator in the Valve Machining and Assembly department. Operation of a molding machine does not involve the use of measuring devices and does not require the reading of blueprints or job specifications. The molding machine does not have revolving parts, and the safety hazard to the operator and employees working around the operator are not as great as they are with the Machine Operator’s job. Compared to the machines in the valve machining area of the Valve Machining and Assembly department, the molding machines in the foundries are very simple machines.
58. The Machine Operator in the Valve Machining area must read a shop drawing and be able to follow it to make a good product without consulting his Service Mechanic or foreman.
Conclusion
59. Each of the above-described skilled production jobs is a critical job which requires skills and abilities not acquired in normal repetitive jobs. They each involve the operation of expensive, intricate and complex equipment under little supervision.
60. Each of the above-described skilled production jobs is a critical job which meets one or more of the following criteria: (1) it requires a lengthy training period; (2) it requires high levels of skill; (3)- it involves safety of the worker, his co-workers, and the ultimate users of the product; (4) it is es
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sential to the quality of the product; (5) it requires the operation or preservation of expensive and/or dangerous equipment.
II
FINDINGS OF FACT WITH REGARD TO ALLEGED DISCRIMINATION AGAINST BLACK EMPLOYEES AS A CLASS
A. Earnings of Production and Maintenance Employees at Stockham
1. Plaintiffs placed primary reliance in this case upon an alleged disparity in pay between black and white employees at Stockham as the basis for an inference of discrimination against blacks as a class. Plaintiffs’ “statistics” relative to earnings were a simple mathematical averaging of actual earnings reflecting some difference, albeit a small one, between the average earnings of black employees and those of whites. Plaintiffs made no adjustment of any kind for productivity factors which this Court finds, based upon uncontradicted expert testimony, are basic determinants of individual earnings.
2. Dr. James Gwartney, a professor of economies at Florida State University and an associate in the consulting firm, Economic Services, prepared an earnings study of the factors that influence earnings of Stockham production and maintenance employees with particular emphasis on earnings differences according to race or color.
3. Dr. Gwartney received a PhD degree in Economics from the University of Washington and has devoted substantially all of his professional career to the economics of discrimination, an advanced micro-theory and micro-topics.
4. Dr. Gwartney has published a number of articles in various professional journals dealing with discrimination and income differentials and he has presented numerous professional papers dealing with a variety of topics including how discrimination as to earnings should be measured.
5. According to Dr. Gwartney, productivity factors influence earnings. A productivity factor is the ability of an individual to perform a given job; productivity factors relate to performance. The productivity factors for which Dr. Gwartney adjusted were, by and large, employee characteristics which the employee brought with him to Stockham.
Data Used
6. Dr. Gwartney obtained from Stockham productivity information contained in employee personnel records to aid his study.
7. The data collected, recorded and sent to Dr. Gwartney was gathered without regard to its possible impact on Dr. Gwartney’s analysis.
8. Information from the records and files of all production and maintenance employees at Stockham since 1965, whether still employed or terminated, including: the name; race; social security number of each individual; initial job information including department; job title; job code and base pay; current job information as of August 31, 1973; intermediate changes in employment at Stockham since 1965; sex; merit rating for 1965, 1969 and 1973; date of birth; actual earnings and hours worked for 1965, 1969 and 1972; and, years of schooling was collected, recorded and sent to Dr. Gwartney for purposes of his study.
9. Information from the records and files of all production and maintenance employees at Stockham employed as of August 31, 1973, including days absent during 1965, 1969, 1972 and 1973 and prior job experience, was collected, recorded and sent to Dr. Gwartney for purposes of his study.
Methods Used
10. According to Dr. Gwartney’s uncontradicted testimony, there are four methods that may be used to study the employment opportunities relative to earnings of a single firm. No one of these methods is conclusive, but collectively they offer strong evidence of the
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presence or absence of earnings discrimination.
11. The four methods are: (1) Comparison of earnings at the individual firm with those in the local, regional and national labor markets as well as in other firms; (2) Changes in earnings of employees who have been employed by the firm for a long period of time; (3) Earnings of employees recently hired; and, (4) Adjusting earnings for productivity factors by application of the residual statistical technique.
(1)
Comparison with Local, Regional, and National Labor Markets
12. An analysis of U. S. Census data shows that there is a strong positive relationship between education and earnings within education groupings; that is, the higher the education level, the higher earnings regardless of race or occupation.
13. An analysis of U. S. Census data also shows that within educational groupings according to skill level among blue collar workers (craftsmen, operatives, labor and service), there is a strong positive relationship between skill level and earnings for both blacks and whites.
14. According to Dr. Gwartney’s uncontradicted testimony, the mere existence of a difference in aggregate black earnings and aggregate white earnings is not proof of employment discrimination. Much more than aggregate earnings is needed before earnings differences can be proof of employment discrimination.
15. Dr. Gwartney further testified that comparing the earnings of individuals with different skill levels is misleading. The aggregate earnings differences between two groups of people may lead to unjustified conclusions if productivity factors are not considered.
16. Stockham’s non-incentive workers have an unadjusted average hourly rate of $3.85 for white employees and $3.32 for black employees. The unadjusted actual-earned rate is $4.24 for white employees and $3.67 for black employees. The unadjusted, average hourly rate for all workers is $3.63 for white employees and $3.08 for black employees; the unadjusted actual earned rate is $4.20 for white employees and $3.83 for black employees. (Plaintiffs’ Ex. 96 and 97)
17. The unadjusted earnings of Stockham’s black employees are on average approximately 91% of unadjusted earnings of white employees and there is a $.37 per hour unadjusted difference between the earnings of white employees and earnings of black employees. (Plaintiffs’ Ex. 90)
18. Within educational groupings, the relative earnings of blacks to whites at Stockham exceeded the relative earnings of blacks to whites in the Birmingham Standard Metropolitan Statistical Area (“SMSA”) in 1969 by 11.5% to 70.0'%. Not only were the relative earnings of blacks at Stockham greater but the absolute dollar earnings of black production and maintenance employees at Stockham exceeded the earnings of blacks in the Birmingham SMSA in total and within every educational grouping. This difference in favor of Stock-ham employees is understated somewhat because the data for Stockham included earnings only from Stockham while the income data for the Birmingham SMSA included earnings from all sources.
19. Of the 2,274 Stockham production and maintenance employees who had earnings in 1972 and for whom data on years of schooling were available, 68% were black (728 white and 1,546 black). Of the 728 whites, 448 (or 61.5%) had 12 years of schooling or more and of the 1,546 blacks, 774 (or 50.1%) had 12 years of schooling or more. (Stockham Ex. 4)
20. The black to white earnings ratio at Stockham for the year 1969 within education groupings was 22.5% to 52.-5% greater than the black to white earnings ratio for the South.
21. The black to white earnings ratio at Stockham for the year 1969 exceeds the national black to white earnings ra
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tio for 1969 within education groupings by 17.9% to 38.3%. (Stockham Ex. 8)
22. Stockham’s black to white earnings ratio exceeds the black to white earnings ratio of the blue collar workers in the United States by 12.3% to 29.1% within educational groupings. (Stock-ham Ex. 10)
23. When blue collar workers are divided into their components (craftsmen, operatives, servicemen and laborers), Stockham’s black to white earnings ratio exceeds the earnings ratio of each component of blue collar workers in the United States by 27.4% to 43%. (Stockham Ex. 12)
24. Stockham’s black to white earnings ratio exceeds that of the blue collar workers employed by the federal government in 1969 by 9.5% to 22.2% within educational groupings. (Stockham Ex. 14)
25. The federal government has a reputation of being a low discrimination employer which has had an overt and vocal policy of non-discrimination for a number of years.
26. Stockham’s black to white hourly earnings ratio exceeded that of the federal blue collar workers for 1969 by 5.-4% to 16.5% within educational groupings. (Stockham Ex. 16)
27. The black to white earnings ratio at Stockham exceeds the black to white earnings ratio of the federal government within educational cells for both hourly and annual earnings.
28. The representation of blacks among Stockham production and maintenance employees exceeds the representation of blacks among federal blue collar workers by 89.2% to 185.5% within educational groupings. (Stockham Ex. 17)
29. The representation of blacks among blue collar employees of the federal government is 23.7% and among production and maintenance employees at Stockham is 68%. (Stockham Ex. 17)
30. Approximately 11% of the national work force is black and approximately 23.7% (or twice as many) of the federal blue collar workers are black. Approximately 68% (or almost 3 times the percentage of blacks in the local labor market) of Stockham’s employees are black.
31. Approximately 25% of the Birmingham SMSA work force is black and 68% of Stockham’s work force is black. Stoekham’s representation of blacks to whites exceeds the representation of the local labor market by 177.6%. (Stock-ham Ex. 4)
32. Both the annual and hourly black to white earnings ratios at Stockham exceed those of the federal government for 1969. Stoekham’s representation of blacks to whites exceeded the representation of blue collar workers employed by the federal government in 1969 by 9.-5% to 22.2% within educational groupings. (Stockham Ex. 4)
33. Within educational groupings, both the relative earnings of blacks to whites at Stockham and the representation of blacks to whites at Stockham substantially exceed the Birmingham SMSA averages. These facts prove by a great preponderance of the evidence that, relative to the local labor market, Stockham is offering earnings opportunities on a non-discriminatory basis which black employees find attractive, and the Court so finds. Based on the attractiveness of the relative earnings opportunities at Stockham and the absence of a policy of racial discrimination, there has been a migration of blacks to Stockham.
(2)
Changes in Earnings of Employees at Stockham
34. The black to white hourly earnings ratio for all production and maintenance employees at Stockham increased from 85.4% in 1965 to 90-92% in 1972-73. (Stockham Ex. 18)
35. The black to white hourly earnings ratio for all skilled, semi-skilled and unskilled workers (those in job classes 2 through 9 and the apprentices)
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increased from 86.3% in 1965 to 96%-98% in 1972-73. (Stockham Ex. 18)
36. An informal skill level adjustment separates the highly skilled and craft employees as defined by the United States Census and according to the EEO-l reports Stockham has filed (those employees in job classes 10-13) from the skilled, semi-skilled and unskilled employees (those in job classes 2-9 and the apprentices). (Plaintiffs’ Ex. 13)
37. When changes in productivity characteristics of employees are held constant by looking at a similar group of employees, i. e., those employed both in 1965 and 1972, the annual earnings of black employees increased from $4,748 in 1965 to $7,030 in 1972, an increase of 48.1%. The annual earnings of white employees increased from $5,713 in 1965 to $8,014 in 1972, a 40.3% increase. The earnings of black employees increased from 83.1% of those of white employees in 1965 to 87.7% of those of white employees in 1972. (Stockham Ex. 19)
38. In terms of absolute dollars and in terms of percentage rate of change, both the annual earnings and the hourly earnings of blacks at Stockham increased from 1965 more rapidly than those of whites. (Stockham Ex. 19, 20)
39. The earnings increase of skilled, semi-skilled and unskilled black employees (those in job classes 2 through 9 and apprentices) over similar white employees were even greater in both annual earnings and hourly earnings. For this group of employees, the annual earnings gain of black employees was 47.9% as compared with 35.5% for white employees; a relative increase of 9.2%. (Stockham Ex. 21) The hourly earnings gain of black employees was 38.9% as compared with 33.3% for white employees; a relative increase of 4.2%. (Stockham Ex. 22)
40. The earnings gains of blacks employed at Stockham during both 1965 and 1972, whether stated in annual terms or hourly terms, exceeded the earnings gains of whites employed at Stockham during both 1965 and 1972. (Stockham Ex. 19-22)
41. The relative earnings of employees hired since 1965 is a meaningful indicator of employment opportunity policies as to earnings during the 1965 through 1972 period because such employees are less affected by pre-1965 employment practices of both Stockham and other employers.
(3)
Earnings of Employees Recently Hired
42. Among skilled, semi-skilled and unskilled employees (those in job classes 2 through 9 and apprentices) hired between 1965 and 1972, the annual earnings of blacks exceeded whites in 6 of 11 age-education cells and the black to white annual earnings ratio was 104.5%. (Stockham Ex. 23)
43. The hourly earnings of skilled, semi-skilled and unskilled Stockham employees (those in job classes 2 through 9 and apprentices) hired between 1965 and 1972 show a black to white hourly earnings ratio of 98.9%. Within age and education cells there is a random distribution of earnings ratios with blacks exceeding whites in some cells and whites exceeding blacks in others. This random pattern would be expected when a firm offers equal earnings opportunities, according to the expert testimony of Dr. Gwartney. (Stockham Ex. 24)
(4) Adjusting for Productivity Factors by Regression Analysis
44. Regression analysis is a statistical technique by which adjustment can be made simultaneously for more than three productivity characteristics. The technique allows one to place a dollar value on each variable reflecting its impact on earnings. In the case
sub judice,
adjustments were made by Dr. Gwartney simultaneously through the use of regression analysis techniques for each of these variables: years of schooling; seniority; skill level; outside craft experience; outside operative experience; absenteeism; merit rating;
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and, achievement. (Stoekham Ex. 30-33) Plaintiffs failed to introduce evidence of such adjustments for either the Stoekham earnings data proffered by plaintiffs in this case, or the earnings data proffered by Stoekham.
45. According to the uncontroverted testimony of Dr. Gwartney, it is better to adjust for
some
productivity factors than not to adjust for any; by adjusting for those productivity factors capable of measurement or reasonable estimate, it is possible to move toward a comparison of more similar employees in terms of their productivity characteristics.
46. There are different achievement levels for blacks and whites with equal years of schooling which are attributable to such things as differences in public expenditures, family background characteristics, home environment and community environment, and not to differences in intelligence or native ability.
47. Noting quantity of schooling alone is not an adequate productivity adjustment; quality of schooling must also be considered. The achievement level of whites exceeds that of blacks even when the two groups have equal years of schooling. At grade level 12 the black-white achievement differential is between 2.5 and 3.7 grade. (Stoekham Ex. 27)
48. Two national studies indicate that when blacks and whites have an equal quantity of schooling, the achievement factor accounts for lower earnings for blacks measured at between 14.6% and 17.2% in one study and between 12.-2% and 18.1% in the other. (Stoekham Ex. 28)
49. Because of the educational achievement factor, blacks with the same quantity of schooling as whites would be expected to earn only about 85% as much as whites. (Stoekham Ex. 28, 29)
50. Outside craft experience
(i. e.,
previous work experience) of Stoekham employees was 2.7 years for whites and 1.2 years for blacks or an average of 1.7 years. Outside craft experience was tabulated in terms of years using the U. S. Census definition for craft jobs. This definition includes military or armed service time as craft skill and possibly accounts for what seems to be a high average of craft skill for both blacks and whites. (U. S. Census; Stoekham Ex. 55)
51. At.the 96% confidence level, the mean of the range of estimates showed an unadjusted annual earnings differential of $448 in favor of whites. The differential was increased to $570 when seniority was considered (blacks had more seniority than whites). The addition of each of the other seven variables reduced the earnings differential and when all variables were considered simultaneously, the mean differential was — $299, with the range 'being between $16 to —$592. When adjustments were simultaneously made for seniority, years of schooling, skill level, outside craft experience, outside operative experience, absenteeism, merit rating and achievement, the annual earnings of whites at Stoekham were estimated to be $299 less than the annual earnings of blacks. (Stoekham Ex. 30)
52. After adjusting simultaneously for each of the eight factors, the hourly earnings of whites at Stoekham exceeded those of blacks by 3.1 cents per hour with a range from +13.3 cents to —7.1 cents. The adjusted hourly wage rate of blacks was 99.2% of that of whites and the adjusted annual wage of blacks was 104.3% of that of whites. (T. Gwartney 2006; Stoekham Ex. 30)
(5)
Conclusion
53. The application of the four methods separately and collectively to the earnings of Stockham’s employees causes the Court to conclude that between 1965 and 1973, Stoekham offered equal opportunities in earnings to its employees without regard to race.
Miscellaneous Findings
As
To Earnings
54. The classification of jobs at Stoekham into job classes 2 through 13
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is a system for rating the complexity of a job or the skills required to perform the job. The complexity and required skills increase as the job-class number increases. Though each succeeding job class has a higher base pay rate than the next lower job class, the job classification system is not determinative of the actual earnings of the workers in the job class. (Stockham Ex. 87). This is true because the job classification (skill-rating) system does not take into account the incentive pay system. Many incentive workers in job classes 2 through 9 have higher actual earnings than the non-incentive workers of job classes 10 through 13. (Stockham Ex. 87)
55. In 10 of the 22 seniority departments at Stockham unadjusted black gross earnings exceeded unadjusted white gross earnings and in 9 of the 22 seniority departments unadjusted black hourly earnings exceeded unadjusted white hourly earnings.
1
(Plaintiffs’ Ex. 11)
56. Of Stockham’s hourly production and maintenance workers, 50 whites and 25 blacks earned more than $9,000 in 1972. Of the 74 persons earning more than $9,000 in 1972, 32 were in job class 13; 3 in job class 10; 5 in job class 9; 1 in job class 9(b); 9 in job class 8(b); 1 in job class 7(b); 1 in job class 6; 6 in job class 6(b); 3 in job class 5; 8 in job class 5(b); 3 in job class 4(b); and 3 in job class 3(b). (Stockham Ex. 87) No job class 11 or 12 workers in the entire plant earned more than $9,000 in 1972.
57. Of Stoekham’s 15 production and maintenance workers earning $10,000 or more in 1972, 12 were white and 3 were black. (Stockham Ex. 87) Three of the 12 white employees held the job of annealing oven operator (job class 13), a job which the evidence showed had not been vacant since the effective date of Title VII.
58. Of Stockham’s 15 production and maintenance workers earning $10,000 or more in 1972, 8 were in job class 13; 2 in job class 10; 1 in job class 9; 1 in job class 8(b); 1 in job class 6(b); 1 in job class 5; and 1 in job class 3(b). (Stockham Ex. 87)
59. Plaintiffs failed to show that any stratification in pay on the basis of race exists at Stockham, and failed to show that 'blacks were not working in the higher paying jobs within the plant.
B. Stockham’s Personnel Development Program
1. The first personnel development class was begun in January, 1960; the second class in May, 1962; and the third class in September, 1966. (Plaintiffs’ Ex. 41)
2. Stockham began a period of rapid growth in the 1960’s and by 1969 the need for the Personnel Development program increased greatly. Prior to 1969, the program was

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1415079. Public record. Not legal advice.