Appendix — Corning Glass Works v. Brennan

Supreme Court brief1974

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INDEX TO APPENDIX.

PAGE

Docket Entries in the District Court ................ 1

Docket Entries in the Court of Appeals ............ 8

Complaint .... . Wau... 2... cece 13

gis aN Sidi a vice vin-aa' soo wee Sa ee 16

Transcript of Proceedings, July 10, 1969 ............ 17

Defendant’s Case:

oen..d. MeKibbin ......... im: 18 29

8 ee 32

St AA PAPO. cece cca K- 33

een Amewer ... .%...... damp: s sec c sce cccence i44

July 10, 1970, Opinion of the District Court .......... 145

Transcript of Proceedings, May 10, 1971 ............ 167

Plaintiff’s Case:

Seth J. McKibbin ............... 168 169

August 3, 1971, Opinion of the District Court ........ 180

Judgment of the District Court .................... 191

Opinion of the Court of Appeals ................... 195

Judgment of the Court of Appeals ................. 216

ne ak sy | y Rae 217

EXHrirts.

Plaintiff’s Exhibits:

Exhibit 1—Defendant’s Answers to Plaintiff’s Inter-

eg |). CES, Aa eee te eee 35

Exhibit 4—Defendant’s Answers to Plaintiff’s Inter-

rogatories, Set No. 1. [Exhibit D, Responsive to

gs tg Jie cS © | Mi aeenas eee en a

|

II.

PAGE

Exhibit 6—Defendant’s Answers to Plaintiff’s Inter-

rogatories, Set No. 2, to the Extent Not Subject to

Objections Now Pending .....-----------+++++++: a0)

Exhibit 13—Exhibit I to Defendant’s Answers to

Plaintiff’s Interrogatories, Set No. 2. [Responsive

to Interrogatory No. V] .....-----+--++eeeerrrtte 54

Exhibit 27—Defendant’s Supplemental Answers to

Plaintiff’s Interrogatories, Set No. 2 .......------ 56

Exhibit 30—Hourly Group Number Conversion Table 57

Exhibit 32—Conversion Schedule .......----------- 58

Exhibit 33—Deposition of Edward W. Noble [No-

vember 6, 1968] .......---2- eee eer etter rete 59

Exhibit 34—Evaluation Manual ........------------ 68

Exhibit 36—Hourly Job Evaluation, Job No. 80-1353 .. 72

Exhibit 37—Hourly Job Evaluation, Job No. 80-4658 . . 76

Exhibit 38—Hourly Job Evaluation, Job No. 12-1354 .. 80

Exhibit 39—Hourly Job Evaluation, Job No. 4650 .... od

Exhibit 40—Hourly Job Evaluation, Job No. 95-4672 88

Exhibit 42—A Manual for Occupational Evaluation .. 93

Exhibit 47—Document re: Katherine Kessler ........ 101

Exhibit 48—Document re: Helen M. Callanan ...... 102

Exhibit 49—Document re: Hattie Strong .......-..-- 103

Exhibit 52—Document re: Carl D. Barney .....-.--- 104

Exhibit 53—Document re: James T. Thompson ...... 105

Exhibit 58—Deposition of Seth J. MeKibbin [No-

vember 7, 1968] .......-- 2 eee eee eee ener ttees 106

Exhibit 68-A—Female Schedule for Deriving Rate

Ranges and Steps ......----+--+ssseceresreseeets 123

Exhibit 68-B—Male Schedule for Deriving Rate

Ranges and Steps .......---- +5 -seeeee eres rere 124

Exhibit 69—Revised Hourly Rate Schedule ......... 125

Hil.

PAGE

Exhibit 76-20—Agreement between Corning Glass

Works and the American Flint Glass Workers’

Union of North Ameriea, A.F.L.-C.I.0., Including

Loeal Union No. 1000, January 9, 1964 ............ 127

Exhibit 82—Letter, dated May 4, 1964, from Charles

A. Francik, to Messrs. Bradshaw, Dorwart, Gillen,

itall, Lang, Rhodes, Somers and Yeakey ........ 128

Exhibit 91—Deposition of Arthur J. Agett [No-

vember 7, FOG8 |, 9650 cuss cn cee ad ex eeeneecteasess 131

Exhibit 93—Deposition of Earle Lewis | Noveuliae

, FOG cee eee ss eee bane eee ee pene Feeeens 133

Exhibit 97—Industry Wage Survey ....-........... 140

Exhibit 101—Defendant’s Answers to Plaintiff’s Re-

vised Requests for Admissions = Third Set of

TOUOTOOMMIOTAGE o.oo ois ee eae eacdnreesecees 173

Exhibit 101-A—Defendant Corning Glass Works’ Re-

sponse to Plaintiff’s Requests for Admissions and

Third Set of Interrogatories ..................... 176

Exhibit B—CGW Job Evaluation Installation Rules 177

Exhibit C—Job Evaluation Questions and Answers. 178

Exhibit A—Shift Differential

ere eee eee ee eeeeeeees

DOCKET ENTRIES IN THE DISTRICT COURT.

UNITED STATES DISTRICT COURT

Western District or New York

JAMES D. HODGSON, Secretary of Labor, United States

Department of Labor,

Plaintiff,

“

CORNING GLASS WORKS, a Corporation,

Defendant.

Civil Action No. 1967-29

Docket Entries

Date

1967

Jan. Filed Complaint.

JS 5 made.

Filed summons-served 1/27/67.

17 Filed Deft’s. Answer.

17 Filed Deft’s Interrogatories, Set No. 1.

Mar. 6 Filed Pitf’s. Answers to Deft’s Interrogatories,

Set No. 1.

13 Filed Pitf’s. Interrogatories to Deft., Set. No. 1. .

29 Filed Stipulation extending deft’s. time to

answer interrogatories, Set No. 1, to 5/1/67.

20

20 Issued summons & copy.

20

1

Feb.

2

Docket Entries in the District Court.

May 5 Filed Deft’s. Answers to Pitf’s. Interrogatories,

| Set. No. 1.

Dec. 22 Filed Pitf’s. Interrogatories to Deft., Set No. 2.

Feb. 5 Filed Deft’s. Motion to Extend Time to Answer

Pitf’s. Interrogatories to Deft., Set No. 2.

5 Filed Deft’s. Objections to Pitf’s. Interrogatories

to Deft., Set No. 2.

12 Filed Deft’s. Notice of Motion for an extension

of time to answer pltf’s. interrogatories, set No.

2, and deft’s. objections to pltf’s. interrogatories,

Set No. 2—ret. 3/11/68—adj. gen.

Mar. 26 Filed Order & Motion for Enlargement of Time

to File Objections to Pitf’s. Interrogatories to

Deft., Set No. 2—Henderson, J. (notice & copy

to Mr. Hughes.)

Apr. 1 Filed Stipulation re Deft’s. Objections to Pitf’s.

Interrogatories to Deft., Set No. 2 (proposed).

15 Filed Stipulation re Deft’s. Objections to Pitf’s.

Interrogatories to Deft., Set No. 2.

Aug. 20 Filed Deft’s. Answers to Pltf’s. Interrogatories,

Set No. 2, to the extent not subject to objections

now pending.

Sept. 4° Filed Decision & Order that deft’s. objections

to interrogatories are overruled and deft. will

answer within 30 days—Henderson, J. (notice &

copy to Messrs. Hughes & Olena.)

a _—

Date

14

9

10

3

Docket Entries in the District Court.

Filed Deft’s. Supplemental Answers to PItf’s.

Interrogatories, Set No. 2. .

Filed Pltf's. Note of Issue—Nov. 1968 Term.

Filed Pitf’s. Notice of Oral Depositions.

%

Filed Order for Substitution of Party Plain-

. tiff—Curtin, J. (notice & copy to Mr. Olena.)

Pretrial Conference (JTC).

Filed Depositions of F. Phillip Hunt, Charles B.

Wilson, Bernard J. Cushing, Thomas Tuthill,

Donald A. McCabe, Earle Lewis, Arthur J.

Agett, Bernard Shinners, Seth McKibbin and

Edward W. Noble (notice to attys).

Filed Deft’s. Amended Answers to Pltf’s. Inter-

rogatories Set No. 1: Interrogatories Nos. 6 & 7.

Filed Pitf’s. Interrogatories to Deft.

Filed Deft’s. Motion for Protective Order—ret.

Trial before Judge Curtin.

Filed Court Reporter’s Transcript of Proceed-

ings held 7/8/69 (Vol. I).

Trial Contd.

Trial Contd.

Date

1969

July 11

15

18

1970

July 10

10

10

4

Docket Entries in the District Court.

Filed Court Reporter’s Transcript of Proceed-

ings (Vol. 2, 3 & Index).

Trial Contd.—Submitted.

Filed Court Reporter’s Transcript of Proceed-

ings (Vol. IV).

Filed Deft’s. Motion to Amend Answer to Con-

form to the Evidence.

Filed Deft’s. Amended Answer.

Filed Decision & Order that the deft. is re-

strained from withholding the payment of wages

due for the périod from 11/1/64 to 11/68, ete.—

Curtin, J. (notice & copy to Mr. LaRuffa and

Reed, Smith, Shaw, etc.)

Filed Pitf’s. Motion to Amend and Make Addi-

tional Findings and Grant Further Injunctive

Relief—Hearing 9/18/70—adj. 11/10.

Filed Affidavits—Victor Foinsbee, Norma Hart-

well and John Bloise.

Filed Pitf’s. Request.

Filed Court Reporter’s Transcript of Proceed-

ings of 9/18/70.

Filed Deft’s. Motion to bring in additional defen-

dants—ret. 11/13/70—D.

Date

1970

Oct. 26

Nov. 30

Dee. 2

Dec. 3

9

14

14

28

28

5

Docket Entries in the District Court.

Filed Pitf’s. Notice of Motion for an Order com-

pelling Deft., to respond to request for admis-

sions, etc.—ret. 11/13/70—Deft. must answer or

object to interrogatories by 12/11/70. Argu-

ments on objections to be heard on 12/18/70—

Pitf. to answer by 12/24/70. Deft. to answer by ,

1/29/71.

Filed Deft’s. Request for Admissions & Second

Set of Interrogatories.

Filed Order denying Pitf’s. Motion to amend

Order of 7/10/70 and denying Deft's. Motion to

bring in additional defendants. ete.— Curtin, J.

(Notice & copy to Messrs. LaRuffa, Olena &

Reed, Smith).

Filed Deft’s Request for Admissions & Second

Set of Interrogatories.

Filed Court Reporter's Transcript of Proceed-

ings of 11/13/70.

Filed Pitf’s. Answers to Deft'’s. Request for

Admissions & Second Set of Interrogatories.

Filed Deft., Corning Glass Works’ Response to

Pitf’s. Requests for Admissions & Third Set of

Interrogatories. ;

Filed Pitf’s. Revised Requests for Admissions &

Third Set of Interrogatories.

Filed Pitf’s. Revised Answers to Deft’s. Request

For Admissions & Second Set of Interroga-

tories.

6

Docket Entries in the District Court.

Filed Court Reporter’s Transcript of Proceed-

ings of 12/18/70.

Filed Deft’s. Answers to Pitf’s. revised requests

for admissions & Third Set of Interrogatories.

Motion by Pitf., to amend court’s finding & for

further injunctive relief—attys. to file proposed

findings of fact & conclusions of law by 7/10/71.

Filed Pitf’s. Notice of Motion for an order per-

mitting the addition of certain Exhibits—ret.

5/26/71.

Filed Court Reporter’s Transcript of Proceed- —

ings of 5/10/71.

Filed Decision & Order restraining Deft., from

withholding payment of wages due Deft’s., em-

ployees under the Fair Labor Standards Act;

granting Plitf’s., application for an injunction

and enjoining the Deft., from future violations

of the Act and fixing interest rate of 6% on

amounts withheld, ete—Curtin, J. (notice &

copy to Messrs. LaRuffa, Olena and Reed,

Smith, ete. and Isabelle Cappello).

JS 6 made.

Filed Deft’s. Notice of Appeal (copy mailed to

Mr. LaRuffa).

Filed Motion for extension of time for trans-

mission of record on appeal and Order extend-

ing time to 12/9/71—Curtin, J. (notice & copy

to Mr. LaRuffa).

7

Docket Entries in the District Court.

Filed Pitf’s. Notice of Settlement—ret. 11 /19/71

adj. generally.

Filed Pitf’s. Affidavit of Service of Notice of

Settlement.

Filed Judgment—Curtin, J. (notice & copy to

Mr. Olena).

Filed Motion and Order for Stay of Judgment—

Curtin, J. (notice & copy to Mr. LaRuffa).

Filed Affidavit re annual report of Corning

Glass Works.

Filed Exhibit “A” to Judgment—Deft’s. Lia-

bility Computation 11/1/64 thru 6/27/71.

Filed copy of order of U. S. Court of Appeals

extending time to file record and docket appeal

to 3/13/72.

Filed Deft’s. Notice of Appeal (copy mailed to

Mr. LaRuffa and to Clerk, CCA with copy of

docket entries).

Filed Bond for $500 costs on appeal in form of

letter transmitting checks.

8

DOCKET ENTRIES IN THE COURT OF AFPEALS.

UNITED STATES COURT OF APPEALS

For THE Seconp Circuit

AppraL From WEsTERN District or NEw YORK

Case No. 72-1229

Title of Case:

JAMES D. HODGSON, Secretary of Labor, United States

Department of Labor,

Plaintiff-Appellee,

Vv.

CORNING GLASS WORKS, a Corporation,

Defendant-A ppellant.

(& in 72-1230)

TRANSFERRED FROM MR 5003 Calendar No. 252

Attorneys for Appellee:

Francis V. LaRuffa

Regional Solicitor

U. S. Dept. of Labor

341 Ninth Avenue

New York, N. Y. 10001

9

Docket Entries in the Court of Appeals.

Attorneys for Appellant:

(from order dated 8/3/71) a“

Harry H. Weil

Seott F. Zimmerman

Walter P. DeForest

Reed, Smith, Shaw & McClay

747 Union Trust Building

Pittsburgh, Pa. 15230

(412 288-3131)

No. Below: Civ-1967-29

Judge Below: J. T. Curtin

Date of Decision & Order: 8/3/71

_ Notice of Appeal Filed: 10/1/71

Docket Entries

Date

12- 3-71 Filed motion for extension of time to transmit

record and docket appeal with proof of service.

12- 8-71 Filed order granting motion for extension of

time to file record and docket appeal to 3-13-72.

1-31-72 Filed copies of docket entries and notice of

appeal.

3- 3-72 Received docket fee (from order dated 8-3-71).

4-13-72

S- 1-72

5-22-72

5-23-72

7T- 3-72

7T- 5-72

10

Docket Entries in the Court of Appeals.

Received docket fee (from judgment entered 11-

30-71) (& in 72-1230).

Filed order consolidating appeals and extend-

ing time to transmit and docket the record by

3-13-72 (& in 72-1230).

Filed partial record (original papers of district

court).

Filed stipulation re: deferred appendix (& in

72-1230).

Filed motion for extension of time to file ap-

pellant’s brief and designation of contents of

appendix (& in 72-1230).

Filed order granting motion for extension of

time to file appellant’s brief and designation of

contents of appendix to 4-28-72.

Filed brief, appellant with proof of service (&

in 72-1230)—by mail.

Filed motion for extension of time to file ap-

pellee’s brief with proof of service (& in 72-

1230).

Filed order granting motion for extension of

time to file appellee’s brief to 6-30-72 (& in 72-

1230). Les oo

Filed motion for extension of time to file ap

pellee’s brief with proof of service.

Filed order extending time to file appellee’s

brief to 7-10-72.

Date

7-12-72

8 3-72

8- 9-72

8-11-72

8-31-72

8-31-72

11

Docket Entries in the Court of Appeals.

Filed motion for extension of time to file ap-

pellee’s brief with proof of service (& in 72-

1230).

Filed order granting motion to extend time to

file appellee’s brief to 7-17-72 (& in 72-1230).

Filed motion for extension of time to file ap-

pellee’s brief with proof <i service.

Filed order granting motion to extend time to

file appellee’s brief to 7-21-72.

Filed order granting leave to file page proof

copies appellee’s brief.

Filed 4 copies page proof brief, appellee (& in

72-1230).

Filed motion for extension of time to file ap-

pellant’s reply brief and joint appendix with

proof of service.

Filed order granting motion to extend time to

file appellant’s reply brief and joint appendix

to 8-14-72.

Filed motion for extension of_time to file ap-

pellant’s reply brief and joint appendix with

proof of service.

Filed order granting motion for extension of

time to file appellant’s brief and joint appendix

to 8-28-72.

Filed brief, appellant (by mail).

Filed reply brief, appellant (by mail).

Date

8-31-72

9-12-72

1- 473

2- 2-73

2- 2-73

2-21-73

3- 5-73

4-20-73

4-20-73

4-26-73

5- 2-73

7— 2-73

7-20-73

12-26-73

Docket Entries in the Court of Appeals.

12

Filed joint appendix, with proof of service (by

mail).

Filed brief, appellee with proof of service.

Argument heard (by: Friendly, Ch. J., Kauf-

man, C. J. and Holden, D. J.) (& in 72-1230).

Judgment Modified and Affirmed, Friendly, Ch.

J. (& in 72-1230).

Filed judgment (& in 72-1230).

Filed motion to stay the issuance of the mandate

pursuant to 41 (b) with p/s.

Filed order granting motion to stay issuance

of the mandate pursuant to 41(b); no bond is

required (& in 72-1230).

Certified original record and proceedings for:

Reed, Smith, Shaw & McClay.

Filed notice by Supreme Court extending time to

file a writ of certiorari to 7-2-73.

Filed motion to further stay the issuance of the

mandate with p/s.

Filed order granting motion to further stay the

issuance of the mandate to 7-2-73 (& in 72-1230).

Filed notice of filing of petition for writ of

certiorari (& in 72-1230) (S. C. No. 73-29).

Filed receipt by Supreme Court of original

record.

Filed certified copy of order of Supreme Court

granting petition for writ of certiorari (& in

72-1230).

13

COMPLAINT.

UNITED STATES DISTRICT COURT

Western District or New York

JAMES D. HODGSON, Secretary of Labor,

United States Department of Labor,

Platntiff,

v.

CORNING GLASS WORKS, a Corporation,

Defendant.

Civil Action No. 1967-29.

Plaintiff brings this action to enjoin defendant from vio-

lating the provisions of Sections 15(a) (1) and 15(a) (2)

of the Fair Labor Standards Act of 1938, as amended, [52

Stat. 1060; 29 U.S.C. 201-219], hereinafter called the Act,

and to restrain any withholding of payment of wages

found by the Court to be due to employees under the

Act.

I.

Jurisdiction of this action is conferred upon this Court

by Section 17 of the Act.

II

Defendant, CORNING GLASS WORKS, is and at all

times hereinafter mentioned was a New York corporation

having an office and place of business at Corning, Steuben

County, State of New York, within the jurisdiction of this

Court, and is and at all times hereinafter mentioned was

engaged in the manufacture and distribution of glassware.

ba

14

Complaint.

Il.

At all times hereinafter mentioned defendant employed,

and it is employing, many employees in and about its

aforesaid place of business in the manufacture and dis-

tribution of diverse types of glasses and glassware. Sub-

stantial quantities of the goods produced by these em-

ployees have been and are being produced for commerce

within the meaning of the Act, and have been and are

being transported. offered for transportation, shipped, de-

livered. and sold in commerce from defendant’s aforesaid

place of business to other states.

IV.

Defendant, an emplover having employees subject to

the provisions of Section 6 of the Act, as aforesaid, has

repeatedly violated, and it is violating, the provisions of

Sections 6(d) and 15(a)(2) of the Act by discriminating.

within its aforesaid establishment in which such employees

have been and are employed, between employees on the

basis of sex by paying wages to employees in such estab-

lishment at rates less than the rates at which it pays

wages to employees of the opposite sex in such establish-

ment for equal work on jobs, the performance of which

requires equal skill, effort. and responsibility. and which

are performed under similar working conditions.

V.

Defendant has repeatedly violated, and it is violating,

the provisions of Section 15( a)(1) of the Act in that it has

transported, offered for transportation, shipped, delivered,

and sold in interstate commerce, from its aforesaid place

of business to other states, goods in the production of

which many of its employees were employed in violation

of Section 6 of the Act, as alleged.

15

Complaint.

VI.

Since on or about June 11, 1964 defendant has repeatedly

violated, and it is violating, the aforesaid provisions of

the Act. A judgment enjoining and restraining the viola-

tions hereinabove alleged is expressly authorized by See-

tion 17 of the Act.

WHEREFORE, cause having been shown, plaintiff

prays judgment permanently enjoining defendant, its offi-

cers, agents, servants, employees and those persons in

active concert or participation with them from violating

the provisions of Sections 15(a)(1) and 15(a)(2) of the

Act, and for such other and f urther relief as may be neces-

sary and appropriate, including the restraint of any with-

holding of payment of wages found by the Court to be

due to employees under the Act.

CHARLES DONAHUE,

Solicitor,

JOHN A. HUGHES,

Regional Attorney,

FRANCIS V. LaRUFPA,

Supervising Attorney,

United States Department of Labor,

Attorneys for Plaintiff.

Post Office Address:

John A. Hughes,

Regional Attorney,

U. S. Dept. of Labor,

341 Ninth Avenue,

New York, N. Y. 10001.

(Filed, January 20, 1967]

16

ANSWER.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

Defendant, Corning Glass Works, files the following An-

swer to the Complaint in the above-captioned case:

‘1. The averments of Paragraphs I, II and III of the

Complaint are admitted.

9. The averments of Paragraphs IV, V and VI of the

Complaint are denied.

WHEREFORE. Defendant prays that the Complaint be

dismissed.

[B/ vscocccccccccccceteccccccscees

HODGSON, RUSS, ANDREWS,

WOODS & GOODYEAR,

800 M & T Building,

Buffalo, New York.

lL PP P

[Bl woscccccncrcnccccesccrccscsee®

LEONARD L. SCHEINHOLTZ,

REED, SMITH, SHAW & McCLAY,

747 Union Trust Building,

Pittsburgh, Pennsylvania,

Counsel for Defendant,

Corning Glass Works.

[Filed, February 17, 1967}

17

[389] TRANSCRIPT OF PROCEEDINGS,

JULY 10, 1969.

UNITED STATES DISTRICT COURT

Western District or New Yorx

(Case title omitted in printing.)

Proceedings of trial held before the Hon. John T. Cur-

tin, United States District Court Judge, at the United

States Court House, Buffalo, New York, resuming on July

10, 1969,

Appearances :

Francis V. LaRuffa, Chief Trial Attorney, and Mrs.

Isabelle R. Cappello, Deputy Counsel for Regional Litiga-

tion, Attorneys for the Plaintiff.

Reed, Smith, Shaw & McClay, Attorneys for the Defend-

ant; John G. Wayman, Esq., and Scott F. Zimmerman,

Esq., of Counsel.

—_—_—__.

[400] The Court: Let us leave that as it is. All right.

What do we have? Do we have any testimony today or

any other offers? .

Mrs. Cappello: Your Honor. the Government has re-

viewed its case and we believe we have established what

we set out to prove and anything further would be enmula-

tive and therefore we plan to rest and do rest.

[404] Mr. Wayman: If it please the Court, I have de-

cided that I do not wish to make any motions at this time.

I would prefer to go ahead with my witnesses.

18

Seth J. McKibbin—Direct.

[405] SETH J. McKIBBIN (137 Davis Street, Painted

Post. New York), being duly sworn as a witness on behalf

of the Defendant, testified as follows:

Direct Examination by Mr. Wayman:

[410] Mr. Wayman: Yes, sir.

The Court: You said,—maybe this is explained

somewhere else,—‘“steady third shift rate”. What

do you mean by a steady third shift rate?

Mr. Wayman: For Inspectors. al

The Court: What do you mean by that?

The Witness: We have had a past practice, your

Honor, of paying Inspectors on the night shift a

different rate than we have paid the day shift In-

. gpectors, and it was originated back in the 1927 to

1930 era. .

The Court: All right. Go ahead. Mr. Wayman.

By Mr. Wayman:

Q. Has that steady third shift rate ever been paid ex-

cept to employees on the steady third shift? A. No, sir,

not to the best of my knowledge.

The Court: Now,—go ahead, Mr. Wayman. Per-

haps right now, your prior question had to do only

with inspection jobs. Now you talk about all jobs.

Mr. Wayman: I am speaking only of the inspec-

tion jobs, your Honor. May T amend the question,

your Honor?

The Court: All right.

19

Seth J. McK ibbin—Direct.

By Mr. Wayman:

[411] Q. Has that steady third shift rate for Inspectors

ever been paid to any employees except employees who

work on the steady third shift? A. That is the question T

answered before. Yes, IT understood it was inspection.

Q. Did you search the records to see whether or not it

has? <A. Yes.

Q. And your finding was it had not been paid to any-

hody except those employees? A. That is right.

~ Q. Whether they were men or whether they were

women? A. This applicable rate was paid to men or

women who worked the night shift.

Q. Now, do I understand correctly that there is a

change in that as a result of recent contract negotiations ?

A. Yes, sir, that is correct.

Q. What was the change? A. Part of our recent nego-

tiations which were consummated in J anuary of 1969, the

Union and Management groups agreed to install a new job

evaluation program in the Corning area, and as a result

of that we currently have the one job for inspection for

the new people that we may hire after January 20, 1969.

[414] Q. What, if anything, happened on June 1, 1966,

that changed that? A. On June 1st, 1966, as a result of

an agreement between the union and the management

groups, we consolidated our seniority lists and thereafter

applied employee rights to jobs in accordance with one

seniority list.

Q. Did that mean that women could take jobs, if they

had the seniority on the steady third shift? A. They

could, very well.

Q. Did any of them do it? A. Yes, they did in fact.

20

Seth J. McK ibbin—Direct.

Q. When they worked on the steady third shift, did

they receive the same that the men received on this

steady third shift? A. aa sir.

Q. Did any men work on the first and second shifts?

A. They did. mt

Q. What rate did they receive Nb. The same rate

that the women working the day and afternoon shifts

received.

Q. I’m going to ask you to look at Plaintiff’s Exhibit

12, which has been entered in the record, and ask you

whether or not, looking at that exhibit and the [415] infor-

mation contained therein, vou can tell us the earliest date

on which any employee having seniority. would have been

able to take a job on the steady third shift as an inspector?

Can you do that by looking at that exhibit? A. Yes, if I

may stand.

The Court: Surely.

The Witness: May I use a particular plant as a

specimen, for example “A” Factory?

The Court: Yes, sir.

Mr. Wayman: May we go off the record a moment,

your Honor.

The Court: If you desire.

(Whereupon, an off-the-record discussion en-

sued.)

The Court: For the convenience of the witness,

we have permitted him to use a copy of Exhibit 12,

which he had marked some notes in as an aid to

his testimony. Plaintiff’s counsel have an oppor-

tunity to look at these if she desires on cross exami-

nation.

21

Seth J. McKibbin—Direct.

The Witness: By analyzing the information that

is in this particular exhibit, and T happen to be

looking at “A” Factory—

The Court: Is there a page or some other refer-

ence to this, Mr. McKibbin?

The Witness: I am afraid the pages are not

numbered correctly, so that you can go from one

copy to another.

The Court: .Ts there some way vou can refer to

that page?

The Witness: Yes.

[416]

By Mr. Wayman:

Q. Can you give us the name and number of the person

to whom you are referring? A. If you look at the infor-

mation on women in “A” Factory, on job code 4570 as a

for instance, this is one of the inspection job codes identi-

fied in the exhibit introduction.

Q. Is that night inspection? A. That is a night in-

spection occupation, yes. And, the week of June 1, the

week which included June 1, 1966, in this, nomenclature,

was the 23rd week of 1966, and we-find that we had women

with relatively junior service dates going on there as early

as the 42nd week of 1966.

Q. What would be the 42nd week, what month? A.

That would be about October or November. T have a con-

version schedule, but it’s not with me. We had two em-

ployees with 1966 service dates. These people [417] were

specifically hired May 18, 1966. That is their service date

listed on this exhibit.

The Court: Does it give the name?

The Witness: Yes. sir. Their names are C. V.

Furney, employee No. 32756. The second employee

22

Seth J. McKibbin—Direct.

listed on this exhibit is W. H. Stewart, employee

No. 87375.

By Mr. Wayman:

Q. You say their service dates were May 18, 1966? A.

That is correct.

Q. That means they were hired then? A. Yes. That

is when they started employment.

Q. They took the night inspection job 4570? A. That’s

right.

Q. In the 42nd week? A. That’s right.

Q. Now, what sienifieance does that have as to anybody

that had a service date earlier than May 18, 1966% A. In

accordance with our seniority rules that are in effect, any

employee who hac wanted to go on the night inspection

job, could have transferred ahead of this new employee

going on that job. by exercise of his or her seniority sub-

sequent to the June 1, 1966 date.

Q. All right. Have you any other examples such as

Furney and Stewart? [418] A. Yes, T do find the same

thing in Pressware.

Q. All right. Would vou do that please? A. TI have

identified R. J. Jellison. emplovee No. 47911, who went on

the job code 4551, which was a TV inspector nights, on

the 23rd week of the vear, 1966. which would he the week

which included June 1, of that vear and at that time, ac-

cording to the exhibit, his service date was May 9. 1966,

and T wonld draw the same conclusion that anv employee

wishing to go on nights. could have done so.

Mr. LaRuffa: T move that that be stricken, your

Honor. Any conclusion that ean he drawn from that

would be drawn by the Court.

23

Seth J. McK tbbin—Direct.

The Court: Al] right, overruled.

his answer.

[419] By Mr. Wayman:

Q. Go ahead, Mr. McKibbin. A. [| would conclude

from this information that any employee whose service

date was prior to 5/9/66, could very well have taken a job

if he or she exercised his rights under the contract.

Q. His seniority rights vou speak of? A. Yes.

The Court:

lady or a man?

The Witness:

The Court:

a woman?

The Witness: Right. T could find a woman under

similar cireumstances. T have not taken time to. T

just spotted a couple before T came in.

The Court: How do you tell the difference be-

tween men and women?

The Witness: Tn the right-hand column there is

a column called “Sex” and there is an “M” or an

oN.

I will permit

Ts this individual Jellison, is that a

That is a man, vour Honor.

The prior one yon told us about was

By Mr. Wayman:

Q. So that by reference to this exhibit without going

through the whole thing and picking out all of them, we

find somebody that was hired on to the [420] night inspec-

tion job, we know anybody having seniority as of that date

could have taken the job if they desired? A. Yes.

Mr. LaRuffa: T object to the leading. After all,

Mr. McKibbin is Mr. Wayman’s witness and he is

not on cross examination.

24

Seth J. McKibbin—Direct.

The Court: I realize it is leading, Mr. LaRuffa,

but I will overrule the objection. It is difficult to

testify from these documents. Overruled.

[421] By Mr. Wayman:

Q. Can vou tell us some shift differentials which you

found in vour research in this part of New York State

that might be as high or higher than the differential paid

the night shift rate inspection and the day shift rate?

[422] Mrs. Cappello: Your Honor, we object unless it

is confined to the glass industry.

The Court: TI will listen to it. As far as mate-

riality and relevancy, we will determine that after

listening to the testimony.

Mr. Wayman: It might well go to the weight.

My own argument has heen what somebody else

pays is irrelevant, but we have heard others and I

would like Mr. McKibbin to give us the result of

his study. Can you answer that?

’ The Court: If we are in the Corning or Elmira

area and there is other industry other than glass

there, an individual can hire out to other,—let’s say

machine shops or other industry, wouldn’t that have

some bearing upon what the night shift differential

would be?

Mrs. Cappello: We know, vour Honor, the cir-

cumstances of why they were on three shifts in the

glass industry. They have Lehrs continually turn-

ing out glass. We would have to know the circum-

stances why they are running a third shift.

The Court: Each business is different. Go ahead.

25

Seth J. McK ibbin—Direct.

[423] The Witness: As TI understand the question, my

answer would be, yes, I have researched the shift

differential paid steady night shifts in our Western

New York area generally, and I can cite several in

the immediate vicinity. We have General Electric

and Westinghouse plants who are competitors in

our labor market area. ,

By Mr. Wayman:

(). Where are they located? A. Westinghouse is in

Horseheads which is 12 to 14 miles. I am not specific, but

it is of that magnitude, to our east. They also have a

plant in Bath, some 20 miles away. In their Horseheads

_plant their contract calls for a 10 per cent shift differen-

tial.

The Court: This is Westinghouse?

The Witness: Yes, your Honor.

The Court: At Horseheads?

The Witness: Yes.

The Court: Could von tell us generally about

how many emplovees there are, what they make

there and so on?

The Witness: They process glass tubes, glass

envelopes, and they make glass, specialty [424]

glass tubes for radar and X-ray and this type thing.

T am not intimately familiar with their product line.

The Court: Just generally speaking?

The Witness: Generally speaking.

The Court: All right.

-° By Mr. Wayman:

‘Q. Do you have any idea of the approximate number

of employees? A. I believe it is around 900.

26

Seth J. McKitbbin—Direct.

Q. I think you mentioned General Electric? A. Gen-

eral Electric has a foundry in Elmira City which is 15 to

18 miles, something like that. It is a couple miles beyond,

the Westinghouse plant. They likewise pay a 10 per cent

steady night shift differential in that plant. It is a foun-

dry and T am not sure what product they make beyond

that.

Q. The approximate number of employees, if you can

remember? <A. I helieve it is around 750.

Q. Have you checked any other large employers in

Western New York?

Mr. LaRuffa: If vour Honor please, is it your

Honor’s decision to permit the witness to answer

as to any industry in this area?

The Court: Just a minute, Mr. LaRuffa. Let’s

[425] take them one at a time. When vou say

“Western New York”—

Mr. Wayman: We will give the location.

The Court: Let’s give the location so we can have

definite objections and rulings.

The Witness: I have knowledge of three or four

other companies in the Western New York area.

Xerox in Rochester has a contract that calls for a

shift differential on the night shift of 50 cents.

By Mr. Wayman:

Q. Yon say “a contract”. Do you mean a Union Con-

tract? <A. Yes.

Mr. LaRuffa: T object. your Honor.

The Court: You object to Xerox in Rochester!

Mr. LaRuffa: I am, because if we are now deal-

ing with the glass industry—

27

Seth J. McK ibbin—Direct.

The Court: We are not, certainly not.—different

factors. How far is Rochester from Corning?

The Witness: 85 to 90 miles.

The Court: Then—

Mr. LaRuffa: We have different factors, if your

Honor will hear them.

The Court: I think, Mr. Wayman. what I will do

here, Mr. Wayman, I will defer ruling [426] on this.

We have Mr. McKibbin here. He has made the

study and we presume he has made it accurately.

T will defer ruling on this. My present thought is

we are getting far afield. Tf von can convince me

later on T should consider, T will.

Mr. Wayman: T would like to offer the evidence

and we can argue about the weight and materiality.

Mr. LaRuffa: Yonr Honor. T want to indicate

this—

The Court: You continue to object. Mr. LaRuffa.

as we go on and we will rule on it later on.

Mr. LaRuffa: T merely want to bring—

The Court: Mr. McKibbin is here.

Mr. LaRuffa: IT merely want to bring to the

Court’s attention when we are speaking of Roches-

ter we have a different labor situation in Rochester.

The Court: T realize that. That is a matter of

argument T will listen to. T appreciate all those

things, but vou object as we go on so we have a

record. Xerox vou object to. T will defer on that.

By Mr. Wayman:

[427] Q. Any others? A. T have two others, Kodak in

Rochester pays 121% percent. but not less than 30 cents.

28

Seth J. McKibbin—Direct.

Mr. LaRuffa: I object.

The Court: All right, deferred. That would be

in all the Kodak plants?

The Witness: In Rochester, New York, ves, sir.

The Court: Twelve and one half?

The Witnéss: It is the formula paid shift differ-

ential on the late night shift is 1214 percent, but

not less than 30 cents.

The Court: All right. .

By Mr. Wayman:

Q. All right. Any others? A. One other is IBM

down in Owego, New York, has an establishment there,

and their shift differential on the late night shift is 14

percent.

Mr. LaRuffa: Same objection.

The Court: Deferred. Mr. McKibbin. vour study

was made this vear?

The Witness: Yes.

The Court: As of now?

The Witness: Yes, your Honor.

[428] The Court: Now, do you know, did you make any

study as to whether these men’s jobs, or ladies’ jobs,

or did you make a study in that regard?

The Witness: I did not inquire into the sex of the

employees that worked there, your Honor.

The Court: Fine.

Mr. Wayman: I am sure that everybody in this

room, perhaps except as to Mr. Zimmerman and

myself, knows where Owego is. I don’t know. Could

you tell us how far that is from Corning?

The Court: I don’t know, but TI think we should

hear it from Mr. McKibbin.

es ROPE POT PY

29

Seth J. McK ibbin—Cross.

The Witness: I would estimate it’s approximate-

ly fifty miles east of Corning.

By Mr. Wayman:

Q. Do they also have a plant in Binghamton? A. In

Endicott. They have plants in the Southern Tier of New

York State, in that general vicinity, but—

The Court: How far is Binghamton from Corn-

ing?

The Witness: Eighty-five miles.

The Court: And Endicott?

The Witness: Eighty miles.

[429] SETH J. McKIBBIN, having been previously

sworn, resumed the stand and testified further as follows:

Cross Examination by Mr. LaRuffa:

[431] Q. Did you, in any way, study any of the publica-

tions of the Bureau of Labor Statistics, and more specifi-

cally with respect to a bulletin that was issued in December

of 19647 A. I did.

Q. And that related to what years? A. My recollection,

that it was published in May of 1964, and the date of the

data therein was 1963.

Q. I show you Plaintiff’s Exhibit No. 97, marked for

identification, and ask you whether or not this is one of the

publications that you reviewed? A. I believe this another

copy of the same study, yes.

Q. You did study this one? A. Yes.

mn —

30

Seth J. McKibbin—Cross.

[432] Q. Mr. McKibbin, I show you Government’s Ex-

hibit 97 in evidence and can you,—and | call specific atten-

tion to page 26 and ask you, do you recall [433] studying

those schedules dealing with night shift differentials? A.

Yes, 1 looked at them.

Q. Will you indicate to the Court where in that publi-

cation does it appear that any firm receives as much as the

amount that you indicated on your direct testimony? A. I

indicated several amounts in my direct testimony. I am

not sure which one you refer to.

Q. Were any of those amounts obtained from informa-

tion in this schedule? A. They were not. All of the

information that I cited was current information and as best

I can recall, this is 1963 information.

[435] Q. But in Corning, New York, the night shift dif-

ferential to Inspectors is only paid to Inspectors, is it not?

A. Currently.

Q. Is it paid to any other employees? A. Not cur-

rently.

Q. I mean now, Mr. McKibbin, not the night shift dif-

ferential but the differential in basic rate. Is that paid to

any other employees working that third shift? A. That is

the question IT understood and currently we have no other

employees that are similarly situated.

Q. Other than Inspectors? A. That is right.

The Court: Now, you are talking about at the

present time, Mr. McKibbin?

The Witness: Yes, vour Honor.

By Mr. LaRuffa:

Q. It was at all times, was it not, since time immemorial,

was it not? A. No, I think in our research for you and in

31

Seth J. McKibbin—Cross.

. your [436] presence in Corning I believe I pointed out that

there had been other job classifications that were similarly -

situated where there was a steady night shift differential

between—there was a differential between the steady night

shift and the day shift, day and afternoon shifts.

Q. In the basic rate? A. In the basic rate.

[438] By Mr. LaRuffa:

Q. Is this what you referred to in your language “a

supplemental night shift differential escalating night shift

differential?” A. I am not sure of the precise language

but yes, we tried to describe the fact as hest we could.

Q. Did you invent that language? A. No, sir.

Q. Who did? A. An associate of mine at Corning

Glass Works.

Q. Have you ever heard of that language or that phrase

ology in industry as such? A. No, sir.

[443] By Mr. LaRuffa:

Q. And also for your same question outside of New

York, outside of Corning, New York, is there any branch

plant where the same job classification or job, is paid at a

different basic rate when worked at a different shift? A.

There is, to my knowledge.

Q. Will you indicate what those are and where? A.

There are two that I am aware of, Central Falls, Rhode

Island and Wellsboro, Pennsylvania.

Q. And Central Falls, Rhode Island, is the one that is

also subject to litigation, is that correct? A. I believe so.

The Court: What job is that, Mr. McKibbin, do

you [444] know? .

32

Edward W. Noble—Direct.

The Witness: I believe the job classification in

Rhode Island is an inspector operative job title. I

think the one in Wellshoro may be inspector, Class

C, or inspector Class B and C. There may be others

that I don’t recall at the moment.

By Mr. LaRuffa:

Q. Mr. McKibbin, in Corning, New York, until June of

1966, you always had a male rate and a female rate, is that

correct? A. Yes.

Q. Because of that, isn’t it a fact that the female rate

up to 1966 was always lower than the male rate? A. I

believe that is correct.

Mr. Wayman: Objected to.

The Court: Overruled.

+. >

[447] Q. Isn’t it a fact that women could only transfer

to a night shift if a vacancy occurred after that seniority

date? A. After June 1, 1966, yes.

[449] EDWARD W. NOBLE (120 Circle Drive, Bath,

New York), being duly sworn as a witness in behalf of the

Defendant, testified as follows:

Direct Examination by Mr. Wayman:

Q. Mr. Noble, I believe you have already given the

deposition and I just have a couple of questions for you in

addition to the answers you have given therein. You are of

course familiar with the CGW Job Evaluation system? A.

Yes.

33

John D. Barker—Cross.

Q. Did you assist in developing that system? A. Yes.

Q. Does the CGW Job Evaluation system take into ae-

count in any manner any factor whether the work is done

at day or night? A. It does not.

Q. Are you also familiar with the so-called SJ & H

Plant A. Yes.

Q. Did that plan take into acconnt any factor as to

whether or not the work was done at day or night? A. Tt

did not.

[460] JOHN D. BARKER (295 West William Street,

Corning, New York), a witness called by and on behalf of

the Defendant, having been first duly sworn, was examined

and testified as follows:

[462] Cross Examination by Mrs. Cappello:

By Mrs. Cappello:

Q. Excuse me, Mr. Barker. The women who worked on

the night shift then were paid the same as the women who

worked on the day or night shift during World War II? A.

Do I understand right? Is this ona woman’s job or a man’s

job you are referring to?

Q. What is the woman’s job?

The Court: We are referring to World War IL.

The Witness: Right.

The Court: All right.

34

John D. Barker—Cross.

The Witness: The women’s job was the inspection

job, but then when you go on nights, the man, he was

doing the job and he got extra pay for it.

By Mrs. Cappello:

Q. Yes, we understand. A. So when the women went

on nights, she got the same rate he did. If she came back

on days, she got the [463] women’s rate for the job.

Q. You said, some women on the night shift, continued

to receive the same rate as the women on the afternoon

shift? A. I did not say that.

Q. I do not understand your position. Some women

did not get the male rate at night? A. They did not get

the full rate, some of them, because they did not do the

same job as the man. They were physically unable to do

so.

Q. What rate did they get compared to the women on

the day shift? A. They got the women’s rate, plus what-

ever percentage of the man’s job she did at that time.

Q. They weren’t getting the differential, because it was

at night? A. No, she was not.

35

PLAINTIFF'S EXHIBIT 1.

UNITED STATES DISTRICT COURT

WeEstTeRN District or New York

(Case title omitted in printing.)

DEFENDANT’S ANSWERS TO PLAINTIFF'S

INTERROGATORIES

SET NO. 1

Defendant by SETH J. McKIBBIN, Manager of Sta-

tistics and Surveys, Corning Glass Works, answers plain-

tiff’s interrogatories as follows:

Interrogatory No. 1:

1. (a) Name, by plant, and in order of seniority, all Class

C, Class B, General TV, and TV Inspectors for

the period from June 11, 1964, to May 31, 1966.

(b) As to each Inspector named in answer to (a),

state:

(8) Shift differential set by union contract, if

any

Answer to Interrogatory No. 1:

(8) Shift differential set by union contracts dated

January 9, 1964 and December 17, 1965, appli-

eable to the period of June 11, 1964 through

May 31, 1966 were as follows:

36

Plaintiff’s Exhibit 1.

“Shift Differential:

“Section 1. Workers employed on shifts start-

ing at 2:00 P. M., 3:00 P. M., and

4:00 P. M. will be paid $0.06 per

hour as a premium for such work.

“Section 2. Workers employed on non-rotat-

ing shifts starting at 10:00 P. M.,

11:00 P. M., and Midnight will be

paid $0.12 per hour as a premium

for such work.

“Section 3. Workers employed on rotating

shifts starting at 10:00 P. M.,

11:00 P. M., and Midnight will be

paid $0.08 per hour as a premium

for such work.”

In addition the parties, by a past practice en-

dorsed by union contract, paid a supplemental

escalating shift differential to inspectors who

worked a non-rotating night shift.

s * .

Interrogatory No. 8:

8. Since June 11, 1964, have the men and women Class

C, Class B, TV and General TV Inspectors performed

their jobs under similar working conditions?

Answer to Interrogatory No. 8:

8. No.

37

Plaintiff’s Exhibit 1.

Interrogatory No. 9:

9. If the answer to Interrogatory No. 8 is “no,” explain

the difference.

Answer to Interrogatory No. 9:

9. In aceordance with past practice under current and

predecessor contracts, women were assigned to inspection

activities on the day and/or afternoon shifts. Some of

them worked steady days or steady afternoon shifts, while

others rotated between the day and afternoon shifts on a

bi-weekly eycle. To a large degree these assignments were

made according to the desires of individual employees.

The men, on the other hand. worked a steady night shift

and never worked either the day or afternoon shifts. This

practice began about 1930 when machine production was

substituted for hand production in the Forming department.

Two shifts of inspection ( day and afternoon shifts) could

not keep pace with the three shifts of forming production.

By New York State Law, women were prohibited from

working the night shift. Thus, men were diverted from

other activities in order to man this essential operation on

the night shift, and their wage rates were not cut.

It was not practicable to reduce the rates of the men

transferred to the steady night shift, for they could earn

higher rates on other jobs, and in addition could get sub-

stantially more hours of work, and thus earn substantially

more money. The work was not only less remunerative,

but enjoyed less prestige.

The men on the Steady night shift were able to and did

more physical work, such as lifting and carrying. They

38

Plaintiff's Exhibit 1.

also required less relief time than did the women on day

or afternoon shifts.

In addition, they were working the least desirable of

all working hours, and working them on a steady shift,

without rotating shifts.

At that time there was no general shift differential. It

did not come into existence in these plants until the advent

of the union about 1944.

The working conditions of the men were thus substan-

tially different than those of the women when this. peeaty

night shift differential was established.

Interrogatory No. 10: |

10. If defendant pays shift differentials—

(a) What are they?

(b) How long have they been in effect?

(c) Are they set by union contract?

(d) Do they apply to all departments in all plants of

Corning Glass Works? If not to all, list the de

partments and plants to which they do, or do not,

apply.

Answer to Interrogatory No. 10:

10. (a) Rotating and/or non-rotating evening shifts at 6¢

per hour; rotating night shifts at 8¢ per hour;

non-rotating night shifts at 12¢ per hour. Afore-

mentioned supplemental escalating differential

applicable only to non-rotating night shift inspec-

tors. The amount of this supplement varies:

(b)

39

Plaintiff’s Exhibit 1.

Class C Class B

Ist 30 days $ .04 $ .04

2-4 months 08 04

5-10 months 125 .045

11-16 months .165* .085*

17-22 months 166° 135°

23 or more months 165° 196°

*Includes merit increase increment(s).

The supplemental differential cited above existed

from 1930 on with the size varying from time to

time as a result of the agreed upon rates applicable

to the job classifications:

Inspector C Inspector B

Maz. Differential Maz. Differential

1945 $.14 $.14

1946—64 16 18

1965 165 19

1966 .165 195

1967 165 195

Since January 20, 1944, they have been established

by Union contract. The other differentials were

initiated as part of the first contract between the

parties dated January 20, 1944. Subsequent con-

tracts revised and improved these differentials.

The existing formulae have remained unchanged

since the December 8, 1958 contract.

40

Plaintiff's Exhibit 1.

Shift Differential Date Effective

$.03 Non-Rotating Afternoon Shift) January 20, 1944

.05 Non-Rotating Night Shift )

$.04 Afternoon Shift) Rotating or January 20, 194

.06 Night Shift ) Non-Rotating

$.04 Afternoon Shift)

.06 Night Shift ) Non-Rotating January 20, 1946

.02 Afternoon Shift)

.03 Night Shift ) Rotating

Night Shift, Non-Rotating

changed $.10 October 20, 1947

$.04 Evening Shift) Rotating changed November 3, 1%?

.06 Night Shift )

$.06 Afternoon Shift Rotating or

Non-Rotating

.08 Night Shift Rotating December 8, 198

12 Night Shift Non-Rotating

(c) Yes, as described above.

(d) All except the supplemental differentials, as

cited above, apply throughout the establishments

covered by this suit.

Interrogatory No. 11:

11. Since June 11, 1964, have there been departments

staffed exclusively by men or exclusively by women!

Answer to Interrogatory No. 11:

11. In the alleged establishment covered by this suit there

are some departments which since November 1, 1964 have

been staffed exclusively by men or women. However, we

41

Plaintiff's Exhibit 1.

should point out that this is not necessarily a static condi-

tion, but that it can change and has changed from time to

time as a result of movement of employees by promotion,

transfer or bumping by seniority.

Interrogatory No. 12:

12. If the answer to Interrogatory No. 11 is “ves,” answer

the following, with dates:

(a) Which departments and in which plants?

(b) Which departments operate a third shift?

(c) What shift differential, if any, has-been paid for

the third shift?

(d) Is the base hourly rate for employees on the non-

rotating third shift the same as for the first and

second shift employees of equivalent or comparable

seniority? .

Answer to Interrogatory No. 12:

(a) and (b) The data requested are set forth in

Exhibit D attached hereto and made part hereof.

(ec) Shift differentials have been paid in accordance

with the contract.

(d) Yes.

Interrogatory No. 13:

13. During World War II did defendant replace men

inspectors with women inspectors?

42

Plaintiff’s Exhibit 1.

Answer to Interrogatory No. 13:

13. Defendant did not replace men with women inspectors.

As manpower became tight women were assigned to night

inspection work, under a special state permit, but they did

not perform the same duties that men on nights had

performed.

Interrogatory No. 14:

14. If the answer to Interrogatory No. 13 is “yes,” answer

the following :

(a) Did the women receive the same base hourly rate

as the men with equivalent or comparable senior-

ity?

(b) Were the inspectors on the first, second and third

shifts at any time during this period composed

entirely of women?

_(e) If the answer to (b) is “yes,” did the women on

the third shift receive the same base hourly rate

as the women of equivalent or comparable seniority

on the first and second shifts?

Answer to Interrogatory No. 14: —

14. (a) No.

(b) No.

(ec) Not applicable.

Interrogatory No. 15:

15. On June 11, 1964, did defendant maintain a separate

seniority list for men and women inspectors?

43

Plaintiff’s Exhibit 1.

Answer to Interrogatory No. 15:

15. The Company did not maintain separate seniority lists

of male and female inspectors as such. The Company did

maintain separate seniority lists for men and women pursu-

ant to long established union-management understandings

and practices.

Interrogatory No. 16:

16. If the answer to Interrogatory No. 15 is “yes,” state

how long these separate lists were maintained.

«luswer to Interrogatory No. 16:

16.° From about 1944 until May 31, 1966.

Interrogatory No. 18:

18.

If the answer to Interrogatory No. 17 is “no,”

when

were the separate lists discontinued?

(a) If discontinued, were women inspectors of greater

seniority who applied for third shift work able im-

mediately to displace men inspectors on the third shift

of the same class, but of lesser seniority?

Answer to Interrogatory No. 18:

18. On May 31, 1966 the seniority lists were combined.

(a) Beginning with June 1, 1966, women inspectors

were able to use seniority to take jobs on the

steady third shift, and many did so, under union-

management agreed upon seniority rules and

44

Plaintiff’s Exhibit 1.

practices when vacancies and reductions in force

occurred. The rules for application of seniority

were not changed.

Interrogatory No. 19:

19.

Does defendant have a job evaluation plan?

Answer to Interrogatory No. 19:

19.

Defendant has two different job evaluation plans.

Interrogatory No. 20:

20.

If the answer to Interrogatory No. 19 is “yes,” at

how many points are the following jobs evaluated.

(a) Class C Inspector on the first and second shift?

(b) Class C Inspector on the third shift?

(c) Class B Inspector on the first and second shift?

(d) Class B Inspector on the third shift?

(e) TV Inspector on the first and second shift?

(f) TV Inspector on the third shift?

(g) General TV Inspector on the first and second

shifts?

(h) General TV Inspector on the third shift?

Answer to Interrogatory No. 20:

20. Under either of the above two evaluation plans the

evaluated points do not reflect a difference for any given

job as it occurs on the various shifts.

45

Plaintiff’s Exhibit 1.

Evaluated Points

S,J &H Plan (1) CGW Plan (2)

(a) Inspector Class C

lst Shift 230 930

2nd Shift 230 930

(b) 3rd Shift 230 930

(c) Inspector Class B

lst Shift 345 975

2nd Shift 345 975

(d) 3rd Shift 345 975

(e) TV Inspector

Ist Shift 230 930

2nd Shift 230 930

(f) 3rd Shift 230 930

(g) General TV Inspector

1st Shift 345 980

2nd Shift 345 980

(h) 3rd Shift 345 980

(1) Obsolete plan but still in effect in Corning,

New York.

(2) A new plan developed by the company, in

effect in 24 branch plants, which has been

presented to Local wed of the American

Flint Glass Workers

separate occasions.

Interrogatory No. 21:

21. If the answer to Interrogatory No. 19 is “yes,”—

(a) How long has the job evaluation plan been in use?

(b) Was it adopted by collective bargaining agreement,

or unilaterally by defendant?

46

Plaintiff’s Exhibit 1.

Answer to Inierrogatory No. 21:

21. The defendant has two job evaluation plans.

The earliest of these plans, which we designate as the

“S, J & H Plan” (Stevenson, Jordan & Harrison), was

installed department by department in Corning starting in

1946, each installation being subject to the collective bar-

gaining process. The plan is still not in effect in some

departments in Corning, nor is there any agreement or

proposal to extend it to these departments.

The “S, J & H Plan” has long heen recognized to have

deficiencies :

1. A significant number of jobs were never brought

under the plan.

no

A number of jobs were, subsequent to installation,

removed from the plan.

3. The descriptions were neglected and permitted to

get out of date except when the union felt a rate

increase could be brought about.

4. The system did not provide for measurement of

Physical Effort.

5. The degree definitions under each factor were am-

biguous.

6. The plan failed to respond with rate increases on

jobs which were significantly changed.

The second plan, which is designated as the CGW Plan,

was developed over a period of several years starting in

1957 as a-result of recognition within the company that the

S, J & H Plan was an unsatisfactory tool, and the growing

47

Plaintiff’s Exhibit 1.

dissatisfaction of the union with the S, J & H Plan for some

of the reasons listed above. The new plan was first in-

stalled in 1960 in a branch plant. It has been placed in

operation in 24 of the company’s branch plants of which 21

are AFGWU organized. In the December, 1962 negotia-

tions, the company made its first official offer of the CGW

Plan to Local #1000 (Corning) of the AFGWU and was

rejected as it has been in five subsequent presentations.

Officially the S, J & H Plan is still in effect in Corning,

New York, because the Union has thus far refused to agree

to the modern CGW plan. However the company fully

endorses the universal use of the CGW Plan throughout

the company as the soundest and fairest way to maintain

equitable rate relationships on hourly paid jobs. It is

ready to install the CGW Plan in Corning, and it has com-

pleted new descriptions and evaluations under the plan.

s/ SETH J. McKIBBIN.

48

PLAINTIFF'S EXHIBIT 4.

UNITED STATES DISTRICT COURT

WeEstTERN District or New York

(Case title omitted in printing.)

DEFENDANT’S ANSWERS TO PLAINTIFF’S

INTERROGATORIES, SET NO. 1

EXHIBIT D

[ Responsive to Interrogatory No. 12]

Third

Dept. No. Dept. Men Women Shift

“A” Factory

0100 Cleaners 5 —O- No

0101 Hand Blown Prod. 114 a | No

0103 Automatie Prod. 75 —O- Yes

0104 Automatic Flat Prod. 52 —0- Yes

0106 Maintenance 25 OL Yes

0107 Mold Room 21 —O- No

0902 Plant Mfg. Eng. + —(L No

1502 Melting 17. —& Yes

1503 Lehrs 4 —Q- Yes

1602 Forebays & Forehearth 13 -O- Yes

1702 Mixing 18 —O- Yes

1704 Trades 100 —0- No

1705 Machine Shop 67 —Q- No

1801 Pack, Stores & Shipping 12 is Yes

“B” & “C” Factory

2001 Trades ; 17 —O- No

2002 Equip. Maintenance 11 —-O # Yes

2007 Mold Maintenance 5) —O- No

2009 Clean & Elev. Oper. 7 —- No

2205 Lehrs 6 —0- Yes

2302 Hand Blown 68 —O- Yes

2402 Hand Press 19 —O- Yes

2502 Automatics 18 Oe Yes

2801 Melting 53 —O- Yes

2901 Mixing 12 —-O- Yes

2906 Shipping 3 Oe No

49

6308 Feeder Maintenance 6

(404 Machine Shop 14

6707 Finishing Maintenance 6

6708 Finishing Maintenance 1

7404 Storeroom 5

9101 Shipping 23

Plaintiff’s Exhibit 4.

Third

Dept. No. Dept. Men Women Shift

PRESSWARE

1801 Melting 15 —- Yes

1802 Melting 17 —Q- Yes

1803 Melting 4 Or Yes

1807 Melting 6 Ab Yes

1808 Melting 5 he Yes

1809 Melting 6 e Yes

2405 P. W. West Forming 74 OU Yes

2704 P. W. Forming 52 A. Yes

2705 P. W. Forming 181 4 Yes

4303 Rectangular Color

Dev. & Finishing 10 +} Yes

6101 Trades & Plant 104 —O- Yes

6105 Services 1 O- No

6108 Services 2 4 Yes

6202 Mold Shop 31 —O- Yes

6303 Feeder Maintenance 17 O- Yes

—O-

—O-

ah

—-

+

Oe

50

PLAINTIFF'S EXHIBIT 6.

UNITED STATES DISTRICT COURT

WesTERN District or New YorkK

(Case title omitted in printing.)

DEFENDANT’S ANSWERS TO PLAINTIFF'S INTER-

ROGATORIES, SET NO. 2, TO THE EXTENT NOT

SUBJECT TO OBJECTIONS NOW PENDING

Interrogatory I (d):

(d) Answer 1(b) (8) refers to a “supplemental escalating

shift differential to inspectors who worked a nonrotating

night shift.”

(1) How long has the term “supplemental escalating

shift differential” been in use by defendant?

(2) Is this term in the union contracts, and, if so,

identify the provision in the first contract in which it

was used, and in subsequent contracts.

(3) Is this term used in any documents of Corning

Glass Works, New York? If so, identify by name, date,

and custodian.

(4) Is this “supplemental escalating shift differen-

tial” in addition to, or included in, the “base hourly

rate of pay” given for the night shift inspectors in

answer 1(b)(6)?

51

Plaintiff’s Exhibit 6.

Answer to Interrogatory I(d):

(1) This is merely a descriptive term used in an-

swering Plaintiff's Interrogatories, Set No. 1. It is not

otherwise used.

(2) No.

(3) No.

(4) Included.

Interrogatory IV (c):

(c) Since June 1, 1966, how many women inspectors

have gotten onto the third shift by bidding? By bumping?

Answer to Interrogatory IV (c):

124 different women:

122 by bidding 206 times

25 by interplant bumping 34 times

Note: A woman may bid to take the job initially, leave

it later and return to it still later via either another bid

or a bump. 4

Interrogatory IV(d):

(d) Since June 1, 1966, how many vacancies have

occurred on the night shift? ‘

Answer to Interrogatory IV(d J:

By stipulation, this refers only to inspectors. There

were approximately 296 such openings.

52

Plaintiff’s Exhibit 6.

Interrogatory IV(e):

(e) On June 1, 1966, how many men inspectors were

on the night shift and how many had been inspectors for a

shorter length of time than the most senior woman in-

spector? What was the average length of time the men

had heen employed as inspectors?

Answer to Interrogatory 1V(e):

By stipulation, this refers only to the number of men

inspectors on night inspection jobs on June 1, 1966. On

that date there were 101.

Interrogatory V:

Answer 5 states that from June 1, 1966, to April 14, 1967,

101 women for some part of the period used seniority to

take steady night shift jobs and 24 men took day or after-

noon shift jobs.

(a) As to the 24 men state: (1) their names; (2) the

date each went on the day or afternoon shift; (3) how long

each had been employed at defendant's plant: (4) how long

each had heen an inspector; (5) whether seniority was used

to get on the day or afternoon shift: (6) their rates or

pay prior to and after the transfer: (7) how much actual

reduction in pay each suffered: (8) how long each stayed

on the day or afternoon shift; (9) to what job and rate each

transferred from the day or afternoon shift if no longer

there. .

Answer to Interrogatory V(a):.

Tn addition, there is attached hereto as Exhibit I a docu-

ment of two pages giving the detailed date requested in

EL ee

53

Platntiff’s Exhibit 6.

answer to this interrogatory. In each instance cited the

employee used his seniority to take the job.

Interrogatory X:

(a) Answer 10 refers to a “supplemental escalating

differential applicable only to non-rotating night shift in-

spectors.” Is this the same differential referred to in

answer 1(b)(8)? Do the answers to Interrogatory I(d)

in Set No. 2 of plaintiff’s interrogatories apply to it?

(b) Answer 10 refers to rates established by union con-

tracts of January 20, 1944, and December 8, 1958, and

contracts in between. Quote or attach copies of these con-

tracts and specify which provision of the contracts estab-

lished the rates. If the/rates are set forth in schedules

separate from the contracts, quote or attach copies of the

schedules. Name the person who has custody of these

contracts and schedules and is best qualified to explain

them.

Answer to Interrogatory X:

(a) Yes, to both questions.

(b) Copies of the contracts have already been fur-

nished to Mr. LaRuffa. See our answer to Interrogatory

I(b).

s/ SETH J. McKIBBIN.

Exhibit 13.

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56

PLAINTIFF’S EXHIBIT 27.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

DEFENDANT’S SUPPLEMENTAL ANSWERS TO

PLAINTIFF’S INTERROGATORIES, SET NO. 2.

Interrogatory III (e), Answer III(a) states that “[t]he

inspector jobs on the steady night shift are higher rated

jobs than the corresponding activities on the day and/or

evening shifts” due to “the less desirable hours of work,

inconvenience of working steady nights, ete.” Exactly how

and at what rate has defendant compensated steady night

shift employees, other than inspectors, for the less desirable

hours of work and inconvenience, ete.?

Answer to Interrogatory III (e):

By shift differentials negotiated with the Union as de-

scribed in the answer to Interrogatory No. 10 of Defend-

ant’s Answers to Plaintiff’s Interrogatories, Set No. 1.

SETH J. McKIBBIN

Sern J. McKrssin

57

PLAINTIFF'S EXHIBIT 30.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

-. HOURLY GROUP NUMBER CONVERSION TABLE

IRREGULAR SCHEDULE REGULAR SCHEDULE

Present Group New Group Present Group New Group

Number Number Number Number

Male Female Male Female

a: 3.1 12,&3A 1

6.2A 3.2 4&5A 2

Pf > oi 4.1 — 3

7.2A 4.2 1 TA 4

7.3A 4.0 2 8A 5

8.1A 5.2 3 9A 6

4 10A 7

3.1 & Above Add 3 to present 5 & above Add 3 to present

Group Number. Group Number. .

AJA,Jr/wd -

6-10-64 ©

58

PLAINTIFF'S EXHIBIT 32.

UNITED STATES DISTRICT COURT

J

Western District or New York

(Case title omitted in printing.)

CONVERSION SCHEDULE

Cancels sheet dated November 19, 1962

Effective June 11, 1964

REGULAR SCHEDULE

Grp. # Trainee Mimmum

1

2 1.975

3 1.975

4 2.015

5 2.015

6 2.015

7 2.015 2.055

8 2.015 2.095

9 2.015 2.135

10 2.055 2.185

11 2.095 2.235

12 2.135 2.285

13 2.185 2.345

14 2.235 2.40

15 2.285 * 2.475

16 2.345 2.545

17 2.40 2.63

18 2.475 2.69

19 2.545 2.765

2.63 2.845

RERERSES

po

§

59

[i] PLAINTIFF’S EXHIBIT 33.

UNITED STATES DISTRICT COURT

WesterN District or New York

(Case title omitted in printing. )

DEPOSITION OF EDWARD W. NOBLE.

[November 6, 19681

Appearances :

Mrs. Isabelle R. Cappello, Deputy Counsel for Regional

Litigation, U. S. Department of Labor, Washington, D. C..

on behalf of Plaintiff.

Francis V. LaRuffa, Esq., Chief Trial Attorney, U. S.

Department of Labor, 341-9th Avenue, New York, N. Y

on behalf of Plaintiff.

"9

Scott F. Zimmermap, E8q., Reed, Smith, Shaw and Me-

Clay, 747 Union Trust Building, Pittsburgh, Pennsylvania,

‘ on behalf of Defendant.

60

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

[3] PROCEEDINGS

Whereupon,

EDWARD W. NOBLE, was called as a witness by Coun-

sel for the plaintiff, and testified as follows:

Direct Examination by Mrs. Cappello.

By Mrs. Cappello:

Q. Would you state your name and address, for the

record, please? A. Edward W. Noble, 120 Circle Drive,

Bath, New York.

Q. Are you employed by Corning Glass works? A.

Yes, I am. .

Q. How long have you been employed by them? A.

Twenty seven years.

Q. Would you state the positions that you have held

and the approximate periods of time that you held them?

A. Yes, sir. This is going to be kind of memory—

Q. Sure— A. Approximately two years as an hourly

employee in miscellaneous manufacturing activities in the

Pilot plant for manufacturing optical glass here in Corning.

The next several years involved in sales—service work,

sales correspondence and the like, and since about 1945

involved in various industrial engineering [4] until my

present employment as manager of job evaluation.

Q. Mr. Noble—

Mr. LaRuffa: Excuse me, what is your present

position?

The Witness: Manager of job evaluation.

61

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

By Mrs. Cappello:

[11] Q. Would you now describe the working conditions

of these inspectors? A. Well, again, when we talk work

conditions, I am not just sure what you mean by working

conditions ?

Q. What do you mean when you evaluate a job? A.

What we are considering in working conditions is the weight

that the people have to lift, for example in other words we

are considering the hazard, we would consider the possible

hazards of strain, sprains, cuts, bruises and those things

that would be considered basically an injury, and we are

also considering the surrounding conditions or degree of

unpleasantness that exists with these jobs. In other words,

does the job require exposure to heat, noise, fumes, dust

and things of this sort. Now, these jobs—the most part

are in what we would consider a fairly typical factory con-

dition. There is some heat, there is some noise and there

is some fumes, but we would consider it as pretty much an

average or a normal factory condition.

[12] Q. Do these jobs vary from shift to shift? A.

Varied as far as evaluation plan is concerned, or varied—

Q. Well, as you know, how these jobs are performed,

do they vary from shift to shift? A. Today I don’t think

there is very little difference from shift to shift.

By Mrs. Cappello: si

[22] Q. Do you know if men regard inspection work as

lacking in prestige? A. I have heard that stated, yes.

‘Q. Do youknow why? A. Yes. They consider it female

work.

62

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

Mr. Zimmerman: It is your understanding, an

way?

The Witness: That’s right.

By Mrs. Cappello:

[40] Q. Have you ever been asked to get out new j

descriptions for these jobs? A. Our inspection classifi

tions have remained fairly constant over the years, M

Cappello.

Q. So you believe your supervisors out in the p

feel they are accurate? A. Yes.

Q. Why are working conditions omitted from M

N—Exhibits Mand Nt A. M and N?

Q. Yest A. Well, I think you will find that under

SJ and H System, if the working conditions were co

dered typical factory conditions, no award was given.

Q. The working conditions on the others are graded

G; is that correct? A. I see that statement.

Q. Well, would that be true of Mand N? A. Yes.

far as I am concerned, apparently this was the technic

that some of the analysts used to just indicate—

[41] Mr. Zimmerman: Which exhibit are you look

at?

The Witness: On this particular one, this is i

this is exhibit—

By Mrs. Cappello:

Q. All of them but M and N have working condit

graded as G; is that right? A. Yes, that is correct. 4

I couldn’t testify as to why it was put on there, except

that has no award, as such.

63

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

Q. Well, what do you consider working conditions un-

der the SJ and H plan? A. Working conditions are two-

fold. One is surrounding conditions, which are the un-

pleasantness, degree of unpleasantness, and it would be the

severity and frequency of exposure to such things dust,

heat, noise, fumes, wetness, things of that sort.

Q. Is the time of day work considered? A. No, it is

not, and we also have the hazard conditions as another con-

sideration under working conditions, and there again it is

the frequency and type possible injury or hazard, such as

cuts, burns, bruises, and things of this sort.

By Mrs. Cappello:

[48] Q. Now, I would like to ask you some questions

about the S, J and H Plan, Mr. Noble, were the jobs of

Class C, Class B, T. V. and General T. V. Inspectors evalu-

ated at different points on the different shifts under this

plant A. No—well, wait a minute they were—yes, Class

C had a different title than Class B, if that is what you

mean, the total points—

Q. No, Class C jobs on all three shifts, was it evaluated?

A. I am sorry, I misunderstood your question. It was the

same on all three shifts.

Q. And this applies to all of those jobs? A. Right.

[49] Q. Did you bring with you the analysis sheets on

these jobs, that is, number three?

Mrs. Cappello: Please mark as Exhibit E to Mr.

Noble’s deposition the summary sheet for “A” faec-

tory.

64

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

(Whereupon, the document was marked for iden-

tification as Plaintiff’s Exhibit E.)

sol

Mrs. Cappello: Would you please mark as Exhib-

it-F to Mr. Noble’s deposition the summary sheet for

“B” and “C” factory, department, pressware inspec-

tion, finishing, and packing.

(Whereupon, the document was marked for iden-

tification as Plaintiff’s Exhibit F.)

Mrs. Cappello: Would you please mark as Exhibit

G to Mr. Noble’s deposition the summary sheet un-

der the SJ and H plan in pressware.

(Whereupon, the document was marked for iden-

tification as Plaintiff’s Exhibit G.)

Mrs. Cappello: Would you please mark as Exhib

it H to Mr. Noble’s deposition the analysis sheets

under SJ and H plan for Class B—let’s just call them

analysis records. This consists of thirteen pages.

(Whereupon, the document was marked for iden-

tification as Plaintiff’s Exhibit H.)

By Mrs. Cappello:

Q. Using these exhibits, Mr. Noble, would you please

state what the working conditions are for the day, after-

noon, and night Class C, Class B, TV, and general TV

inspectors? A. From this material, Mrs. Cappello, it is

impossible to identify the working conditions, because it is

not specified [50] as—other than some of these things

right in here.

65

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

Now, we have to understand what these were, and I want

to clarify the record.

Q. Are you referring to the analysis— A. I am refer-

ring to the analysis record.

Q. Exhibit H? A. Right, these were preliminary work

sheets that were subsequently summarized, and included on

the descriptions that have been in previous exhibits, and

these were never typed up, for example, and these were—

when we did our original analysis work.

Q. These are the job descriptions that were Exhibits K

to V to the second set Interrogatories? A. Right. The

purpose of this was—the analyst went out into the shop

area, and looked at the work and accumulated this

information, which was subsequently transferred to a de-

scription. Now, many of these—and T haven’t gone through

all of these—would have indicated that many of the plants

had a number of different types of inspection. In other

words, an inspector might be involved only with the—with

a pressed ware item in this location, another he might be

involved with an automatic item. We have to recognize at

the time this system was in the process of being developed

or applied, we had many, many types of inspection, and it

wasn’t until we got into a formal job evaluation that we

tended to [51] characterize them in basically two levels,

B and C. We didn’t continue the same.

Q. These analysis records are dated 1944 and 19437 A.

I think most of them are dated 1944. Right. Here is one

1943.

Q. And, generally the working conditions were desig-

nated as what? A. As good.

UG

Plaintiff’s Exhibit 33.

Deposition of Edward W. Noble—Direct.

Q. And, what working conditions were considered under

the SJ and H plan? A. Well, as I indicated to you, these

would be a typical—what we considered a typical factory

condition to be given in category—there would be some

noise and some heat and some fumes, but not of a sufficient

level of magnitude to justify giving the point awards.

Q. Is time of day considered a working condition un-

der these? A. No, not under this.

Q. And, it is not considered a working condition under

_ the CGW plan, either? A. No, it is not.

Q. Looking at the plan itself, the SJ and H plan, Mr.

Noble, which is Exhibit D to your Interrogatory, and turn-

ing to page twelve—thirteen, does it show down at the bot-

tom how you arrive at the rate for a job? [52] A. It

shows this, and, to the best of my knowledge, this was

never used in applying the system. This was used in the

preliminary stages for developing some tentative schedules,

and some preliminary work. The first wages that were

paid under the system was in 1944, or 1946, I believe, at

which time we had the schedule that is part of the exhibit.

This approach for translating points into money, to the

best of my knowledge, was never used for any payment of

wages.

Mrs. Cappello: Off the record.

(Discussion off the record.)

By Mrs. Cappello:

Q. Looking at page thirty, Mr. Noble, of the SJ and H

plan, does that provide for multiplying the rating factor of

the job by the base rate male and the base rate female? A.

As I previously testified, this was provided, and you will

67

Plaintiff’s Exhibit 33.

Deposition of Edward W.. Noble—Direct.

notice by our—some of these sheets, we did have this on

here, and it was never filled in, and as I indicated to you,

this rating factor—this means of converting total points in-

to a list was used primarily for development purposes, and

to the best of my knowledge, was never used as a wage pay-

ment as such.

* . sd

By Mrs. Cappello:

[53] Q. Under the CGW plan, what are the working

conditions of inspectors considered to be? A. Basically

the same as I described.

Q. Same as under the SJ and H plan? A. Right, the

situation has not, basically, changed.

Q. And, time of day is not considered a working condi-

tion? A. It is not.

68

PLAINTIFF’S EXHIBIT 34.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

EVALUATION MANUAL

Hourly Jobs

SECTION I

Guide for Describing

and Evaluating

Copyright 1961

CORNING GLASS WORKS

Corning, New York

The basis for evaluating a job is the description and

analysis of the job. The primary purpose of these is to

obtain information enabling the evaluator to establish an

equitable rate of pay and to record the basis for that rate

of pay.

An on-the-seene survey should be made of each job to

secure information about each of the eleven factors, as

called for on the Job Analysis Data Sheet (Form Q-38).

A sample of this form will be found as the last sheet in this

introduction. This sheet should serve as both a check sheet

and a work sheet for recording specific job information

and for development of the job description, and finally,

for the job evaluation itself.

As mentioned earlier, this job evaluation system covers

eleven factors, each of which is described in detail on the

69

Plaintiff's Exhibit 24.

following pages of this manual. Each factor is evaluated

by comparing the job in question with the appropriate

bench mark jobs, except for one factor (Responsibility for

Direction of Others) in which case a calculation must be

made to determine the points. ee

The steps in the evaluation process are:

1. Thoroughly understand the job to be evaluated.

This requires that you have prepared a complete,

accurate Job Analysis Data Sheet and a well-

written and approved Job Description.

2. Analyze the job, considering one factor at a time

and follow the specific instructions for each factor.

Make a preliminary decision concerning the ap-

propriate degree for each factor through the aid

of the degree definitions.

GROUND RULES

2. To maintain equity of rate relationships between jobs,

each job will be reviewed once a year to determine if

a change has occurred which would change the evalu-

ated points. Any change occurring during the year

should be recognized by a re-evaluation.

FACTOR 10

SURROUNDINGS

Definition

This factor measures the degree to which the physical con-

ditions surrounding a job are disagreeable. Consideration

is given to:

‘

70

Plaintiff’s Exhibit 34.

1. The nature and degree of the unpleasant conditions.

2. The amount of time the employe is exposed to

these conditions during the work day.

Discussion

Although the company attempts to provide favorable work-

ing conditions for its employes, the nature of some jobs

makes them less desirable than others. This factor pro-

vides for awarding additional points in such cases. The

conditions specifically referred to are dust, fumes and

smoke, which make it necessary to wear uncomfortable

safety equipment, and heat, glare, wetness, noise, vibration,

grease, oil and exposure to all outside weather conditions.

Identify the conditions under which the job is performed

and compare with the bench mark jobs on the following

page to determine the points to be assigned. Do not con-

sider the effect of summer and winter or night and day

differences on the working conditions, but evaluate on a year

around average condition.

: FACTOR 11

HAZARDS

Definition

This factor is a measure of the hazards of the job to which

the employe is regularly exposed. Consideration is given

to:

1. The degree to which unguarded hazards exist.

2. The frequency of exposure to the hazards.

3. The type and degree of possible injury.

71

Plaintiff’s Exhibit 34.

Discussion

The company attempts to provide safe conditions on every

job. Moving machinery such as gears, belts, and recipro-

cating parts have been covered with shields wherever prac-

i

devices have been provided; and protective clothing and

job.

It must be assumed that the employe is a normal individual

adapted to the conditions of the specific job, and that he is

exercising reasonable care and observing all safety regu-

In evaluating hazards, consider only those that remain

unguarded ; that is, those which the employe must use his

ingenuity and care to avoid. A shielded gear train is no

longer a real danger, but hot power lines constitute a hazard

to the electrician.

To determine the award for this factor consider the fre-

quency of exposure to the hazardous condition, and the type

and degree of possible injury (such as cuts, burns, strains,

sprains, fracture) and compare with the bench marks on

the following page.

72

a. 4 PLAINTIFF'S EXHIBIT 36.

UNITED STATES DISTRICT COURT

Wesrern Districr or New York

; (Case title omitted in printing.)

‘HOURLY JOB EVALUATION

‘R-25 Job No.: 80-1353

Location: “A” Factory Typed: 3-10-64

Job Title: Inspector Class C Effective :

Analyst: R. L. Lewis

DESCRIPTION:

Inspects a limited variety of ware for specified glass qual-

ity, shop, finishing, and dimensional defects, using a limited

variety of gauges and working according to standard pro-

cedures. This work includes such duties as:

Inspects ware visually for such defects as stones, seeds,

chill wrinkles, shear marks, blisters, and for improper

grinding, sandblasting, beading, lipping, ete. Uses

gages such as go-no go, contour, snap, dial indicator,

and wall reading. Maintains a record of quantity

of ware rejected, and records reasons for failure of

ware to pass inspection.

Wipes, wraps, and packs ware as instructed in accor-

dance with standard procedures, using wiping cloths,

wrapping, paper, and packing materials. Discards

defective ware into specified cullet chute; bin, conveyor,

or can. ;

Approved by Date

73

Plaintiff’s Exhibit 36.

ANALYSIS OF JOB

This Job

1. Manual Effort

_Handle under 15# such as: inspect-

ing light ware — 50 32 6

2. Visual Effort

Over 25% of shift: performing vis-

ual and dimensional inspections of

glass products, continuously, for reg-

ular types of defects. 1 © @ :%

3. Manual Accuracy

No appreciable difficulty to meet

tolerances such as: the use of gages, —

dials, rings and plugs for inspection

of various dimensions and visual de- .

fects. . &

4. Manual Complexity

. Gange and visually inspect ware

for defects. 50 6

5. Job Knowledge

Knowledge of ware defects, simple

gauges and inspection techniques for

a limited variety of ware, may obtain

information for drawings.

105

74

Plaintiff's Exhibit 36.

6. Responsibility for Problem Solving

Problem such as when defects in

product exceed number and degree

specified for item being inspected. — 2 &-eS

7. Responsibility for Materials and/or Product

Ordinary care to prevent loss such

as: 100 pieces of acceptable hand shop

items/shift, rejected due to improper

comparison of defects to limit sam-

ples or improper use of no-go gages. 1.80 St 12

Special Loss Allowance

8. Responsibility for Equipment and/or Tools

Ordinary care to prevent loss from:

damage to such equipment as gages

due to improper use. 2 50 72 16

Special Investment Allowance

9. Responsibility for Direction of others

None 0

10. Surroundings

Normal factory conditions. on ae oe

11. Hazards ai

Frequent exposure to minor inju-

ries such as: cuts from broken ware *

and burns from hot ware. — .- 6 4

Total Points 930

75

Plaintiff’s Exhibit 36.

HOURLY JOB ANALYSIS DATA SHEET

Q-38 (rev.)

Location: “A” Factory

Analyst: R. L. Lewis

Date: 3-10-64

Job Title: Inspector, Class C

Job Code No.: 80-1353 7

Analyze the job—NOT the employee

JOB CONDITIONS

Surroundings: ox MAE ee

List elements regularly encountered: Intensity :

Frequency : Normal factory conditions.

Hazards:

List hazards regularly encountered: Cuts, burns.

- Severity of Injury: Minor.

Frequency:. Frequent.

16

PLAINTIFF’S EXHIBIT 37.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

HOURLY JOB EVALUATION

R-25 ' Job No.: 8C

‘Location: “A” Factory Finishing —

Department Typed: 3/

Job Title: Inspector-Class B Effective :

Analyst: E. A. Welch Rev. 8/27/

Rev. 11/9

DESCRIPTION

Inspects a variety of shapes of ware made both au

tically and by hand for all types of glass quality,

finishing and dimensional defects, referring to glass

ings, written specifications, ware samples and vert

structions. Accepts or rejects ware. Checks dimen

conformance using go-no-go, gages, dial gages, ¢

gages, plug gages, ring gages, etc.

Inserts inspection tickets, in cartons, glues labels in

operates ware counters, and sleeves ware as necessar

Washes, wipes, wraps and packs ware, in conjunctic

inspection as directed.

Seals cartons with tape, glue or staples as directed.

Records inspection results on proper report forms |

forms foreman of defects found and any unusual t:

the quality level.

Pe, Saree EN eT ee

17

Plaintiff's Exhibit 37.

Loads and unloads, in conjunction with inspection, finishing

equipment such as diamond saw, drill press and automatic

labeler.

Inspects ware such as: X-ray bulbs, refractors, pipe flanges,

chemex ware, flares, stoppers, baking ware, etc.

Approved by Date Approved by Date

too ee RRS O ORO OE CEs. CEC RWES- CEE Eos Sh we SS dD a

tt ee ROE OO ee ene: ee See eee eee ae (Gleiece &

Tew COR SPARES CRSA FEO ROSS Oe 6 6 Oh ee!) oe eek

ANALYSIS OF JOB

Bench Mark Jobs

Same More Points

Than As Than

This Job.

1. Manual Effort

Picks up, manipulates and packs

ware weighing up to 15# continu- .

ously. Race ae one 31 60

2. Visual Effort

Close visual inspection of ware

continuously. ~~ =. 6S OCS

3. Manual Accuracy

Must use gages accurately for

checking dimensional conformances. 60 57 65 135

4. Manual Complexity

Manipulate ware and gage to

correctly gage the ware such as:

Reading wall thickness on optical

gage. 15 57 39 105

78

Plaintiff’s Exhibit 37.

5. Job Knowledge

Thorough knowledge of all types of

defects and their relationships to

specifications. ~ om UD Oe

6. Responsibility for problem solving

Makes decisions as to accept or

reject ware 19 57 28 170

7. Responsibility for materials and/or product

Considerable care to avoid throw-

ing away good ware or packing bad

ware, such as: ¥4 to 1 hour of baking

ware. (500—1000 pes.) 4 57 48 135

Special Loss Allowance

8. Responsibility for equipment and/or tools

Ordinary care to avoid damaging

gages. 23 ST 40 105

Special Investment Allowance

9. Responsibility for direction of others

None 0

10. Swrrouwndings

Normal Factory conditions. oo FF tb ®

11. Hazards

Frequent exposure to minor cuts

and burns. 59 57 31 4

Total Points 975

79

Plaintiff’s Exhibit 37.

HOURLY JOB ANALYSIS DATA SHEET

Q-38 (rev.)

Location: A factory finishing department

Analyst: E. A. Welch

Date: 12-13-63

Job title: Inspector-Class B

Job Code No. : 80-4658

Analyze the job—NOT the employee

Se

JOB CONDITIONS

Surroundings : oe:

List elements regularly encountered: Intensity :

Frequency; Normal factory conditions.

Hazards:

List hazards regularly encountered: Burns Cuts

Severity of Injury: Minor

Frequency: Frequent

80

PLAINTIFF’S EXHIBIT 38.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

HOURLY JOB EVALUATION

R-23-x Job No.: 12-1354

Location: B & C Factory—Finishing Typed: 3/12/64

& Inspection

Job Title: Inspector Class C Effective :

Analyst: R.S. Callaway

DESCRIPTION:

Inspects a limited variety of ware such as, standard types

of bulbs and cylinders for specified glass quality, shop,

finishing, and dimensional defects, using a limited variety

of gages and working according to standard procedures.

This work includes duties such as:

Inspects ware visually for such defects as stones,

seeds, chill wrinkles, shear marks, blisters, and for

improper grinding, sandblasting, beading, lipping ete.

Use gages such as go-no-go, contour, snap, dial indi-

cator; and wall reading.

Maintains a record of quantity of ware rejected, and

records readings for failure of ware to pass inspection.

Wipes, wraps, and packs ware as instructed in accord-

ance with standard procedures using wiping cloths,

wrapping, paper, and packing materials. Discards

defective ware into specified cullet chute, bin, con-

veyor, or can.

81

Plaintiff’s Exhibit 38.

Approved by Date Approved by

sssngsi nde MaA oil ahi, ude te eo ee ee

PU AE COR eR Oe Oe eK

ee Ae Se eS Oe eine be

ANALYSIS OF JOB

1. Manual Effort

Handles under 15# such as: in-

specting light ware.

2. Visual Effort

Over 25% of shift: performing

visual and dimensional inspections of

glass products, continuously for regu-

lar types of defects, :

3. Manual Accuracy

No appreciable difficulty to meet

tolerances such as: the use of gages,

dials, rings, and plugs for inspection

of various dimensions and visual de-

fects.

4. Manual Complexity

Gage and visually inspect ware for

defects.

5. Job Knowledge

Knowledge of ware defects, simple

8ages, and inspection techniques for

a limited variety of ware, may obtain

te Pts. i ee eS ee Be ee

Bench Mark Jobs

Same More

Than As

This Job

50 8648

30 8622

30 57

50 8620

ey

information from drawings.

75

105

115

82

Plaintiff's Exhibit 38.

6. Responsibility for Problem Solving

Problems such as when defects in

product exceed number and degree

specified for item being inspected. — © 57 1S

7. Responsibility for Materials and/or Product

Ordinary care to prevent loss such

as: 100 pieces of acceptable hand

shop items/shift, rejected due to

improper comparison of defects to

limit samples or improper use of

go no-go gages. 1.50 57 120

Special Loss Allowance

8. Responsibility for Equipment and/or Tools

Ordinary care to prevent loss from:

damage to such equipment as gages

due to improper use. 2 D ST 16

Special Investment Allowance

9. Responsibility for Direction Of Others

None. 0

10. Surroundings

Normal factory conditions. — -®) LU ®

11. Hazards

Frequent exposure to minor in-

juries such as: cuts from broken

ware and burns from hot ware. — 9% C6.

Total Points 930

83

Plaintiff's Exhibit 38.

HOURLY JOB ANALYSIS DATA SHEET

G-38 (rev.)

Location: B & C Factory—Fin. & Inap.

Analyst: R.S. Callaway

Date: 3/12/64

Job Title: Inspector Class C

Job Code No: 81-1353

Analyze the job—NOT the employee

JOB CONDITIONS

Surroundings: : ‘

List elements regularly encountered: Intensity:

Frequency: Normal factory conditions.

Hazards:

List hazards regularly encountered: cuts, burns

Severity of injury: minor

Frequency: frequent

84

PLAINTIFF’S EXHIBIT 39.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

HOURLY JOB EVALUATION

R-25 Job No.: 4650

Location B &C Factory Typed: 10/15/63

Inspection & Finishing _ tee

Job Title: Inspector Class B Effective :

Analyst: N. M. Wisner

Inspects at various locations such as the discharge end of

a lehr, conveyor, or on a table, a wide variety of items in

clear and colored glasses (bulbs, cylinders, lens, fresnels,

filters, tubing, dental reflectors, radomes, range top ware,

and experimental ware) for.glass. and shop faults using,

ware samples, drawings, product specifications, microscope,

pocket comparitor, templates, according to an established

proceduré..-Paek-the ware following packing specifications.

This work includes duties such as:

Inspects & gauges all hand and automatic made ware

of all colors for glass, shop and finishing faults such as

(stones, blisters, cord, wall, streak, slack blown, length

eutoff, firepolish) using product specifications, ware

samples, drawings, gauges, templates.

Measure ware strain on polarscope and color trans-

mission on photometer to determine in specification

ware. Wipes, wraps, and packs ware using packing

specification.

Records select and faults on inspection form.

Mi calcact ren kate

85

=

Plaintiff's Exhibit 39.

Approved by Date Approved by Date

Ta et et oe eee ae. ie es eee ew ake 6 © ole

ANALYSIS OF JOB

1. Manual Effort

Handles under 15# over 50% “

the shift 3S 87 51 @

2. Visual Effort

Over 50% of shift: continuously

inspects all colored and/or clear

glasses for shop faults and glass

faults such as stones, seeds, blisters,

cord, color, ete. =~ 2 2S US

3. M anual Accuracy

Use. of gage to measure a variety

of ware visually and dimensionally

to .001”.

4. Manual Complexity

Inspects ware for all defects. Mea-

sures wall by manipulating ware in

many different types of dial indicator

gauges. Packs ware. 53. 57 59 105

5. Job Knowledge

Knowledge of specifications, gau-

zes, inspection, and packing tech-

niques, stress reading, color trans-

mission, correct inspection lights. 50 57 20 120

s

57 8620 «135

86

Plaintiff's Exhibit 39.

Bench Mark Jobs

Less Same More Poin

Than As Than

This Job

6. Responsibility for Problem Solving

Problem such as correct interpre-

tation of product drawings and speci-

fications on a wide variety of colored

and clear glasses to reject or accept

the ware based on defect found. 50. 57 24 170

7. Responsibility for Materials and/or Product

Constant care to prevent loss of

up to 4 hours of production due to

rejecting acceptable ware. 50- 57 27 135

Special Loss Allowance

8. Responsibility for Equipment and/or Tools

Ordinary care to prevent loss from

damage to such equipment as gauges

through improper use. 52 57 31 106

Special Investment Allowance ;

9. Responsibility for Direction of Others

None. ; 0

10. Surroundings

Normal factory conditions. 0 57 B B®

11. Hazards |

Occasional exposure to injuries.

such as cuts from broken glass and

burns from hotware. 50 St 23 @

, Total Points 975

87

Plaintiff’s Exhibit 39.

HOURLY JOB ANALYSIS DATA SHEET

Q-38 (rev.)

Location: B & C Factory

Analyst: N.M. Wisner

Date: 10/15/63

Job Title: Inspector Class B

Job Code No. : 81-4685

Analyze the jobh—NOT the employee

JOB CONDITIONS

Surroundings:

List elements regularly encountered: Hot, noisy, cold

Intensity: normal.

Frequency: continuous

Hazards:

List hazards regularly encountered: breaking ware, hot

ware, acid. es

Severity of Injury: cuts, burns, acid burns

Frequency: occasionally.

88

PLAINTIFF'S EXHIBIT 40.

UNITED. STATES DISTRICT. COURT

WEsTERN District or New York

(Case title omitted in printing.)

HOURLY JOB DESCRIPTION .

R-25-p Rev. 1/65 Job No.: 95-4672

Location: Pressware-several Typed: 12/14/63

Departments

Job Title: General Television Inspector Effective:

Analyst: R. M. Searles Revs. 11/6/65

DESCRIPTION:

Inspects Black and White and Color Television funnels,

panels, necks and bulbs for all types of glass quality, shop,

finishing and dimensional defects, comparing with toler-

ances established by verbal and written specifications,

drawings, sketches and limit samples. This work includes

such duties as:

Inspects ware visually for all defects such as stones,

seeds, blister, chill, shear mark, cord, spew, checks (vari-

ous), oil marks, and general face and surface quality and

for all finishing defects such as cold seal, checked button

seal, checked pin seal, defects of polish face quality, “velve-

tone” surface, edge grind and acid fortify ete.

Inspects ware for dimensional conformance to specifi-

cations using such equipment as electricator gauge, Moore

Air Gage, flat pate, feeler gauge, go-no-go plug gauge.

height contour gauge, calipers, electronic gauges ete.

Wipes and packs ware using cloths, paper and packing

cartons and maintains records of pieces rejected by types

and reasons for rejections.

Ph RAISE NOR

eae ae oa

-—

89

Plaintiff’s Exhibit 40.

Instruct lesser skilled inspector

Maintains good housekeeping conditions in working area.

Observes safety regulations and practices.

The above statement reflects the general details considered

necessary to describe the principle functions of the job

identified and shall not be construed as a detailed descrip-

tion of all of the work requirements that may be inherent

in the job.

Approved By Date Approved By

ee ee ee 2 ed

ececesneeneeneneeeeee eee eee eee —=—=—hetrhl OCC OO OC OO ee Oe Oe

eececececeneceeeeeeeee cee eee eee 358 ee eee ereeereeeere

HOURLY JOB EVALUATION

R-25-E

1. Manual Effort

Pickup, inspect, gauge various

television parts, dispose of lehr rack

ete. over 50% of shift.

2. Visual Effort

Up to 25% of shift inspecting .TV

parts closely, reading gauges and

visually checking defects. Newsprint

level over 25%. Minute detail 5%-

10% hold blister to .25 + .005” using

plastie gauges showing inspection

sizes and comparator gauge where

necessary.

90

Plaintiff’s Exhibit 40.

Bench Mark Jobs

Less Same More Points

As Than

This Job

3. Manual Accuracy

Visual and mechanical measure-

ment to .025’ + .005” for blisters

' ete. Keep polish quality within ac-

cepted limits. Pick up and set down

approx. 20 lbs. of TV panel and

gauge without bruising etc. Reaction

time-normal. 50

4. Manual Complexity

Uses variety of calipers and opti-

cal gauges to obtain dimensional

readings and visual comparisions of

defects with respect to limit samples

and specifications. 21 53 48 105

5. Job Knowledge

Knowledge of understanding of

specifications and uses of gauges for

all TV parts and bulbs. Knowledge

of various types of defects and ability

to determine whether in or out of

specifications. Addition and subtrac-

tion and multiplication. 40 48 115

135

—

3

6. Responsibility for Problem Solving

Correct interpretation of specifica-

tions. How to handle “border line”

eases whether in or out of specifica-

tions. 50 51 (155

91

Plaintiff’s Exhibit 40.

Bench Mark J

Same More Points

As

This Job

7. Responsibility for Materials

and/or Product

Improper interpretation or appli-

eations or specifications can result ~

in loss of truck load of ware (1600

panels) being rejected at customers.

This means return reinspection ete. 50 53 46 135

Special Loss Allowance

8. Responsibility for Equipment

and/or Tools

Careless handling of ware on

Moore Air Gauge could knock it out

of adjustment very easily. Gauge is

checked against master once each

hour. The ware loss could he %

hours production. 15 53 17 105

Special Investment Allowance

9. Responsibility for Direction of

Others

None 0

10. Surroundings

Normal factory conditions 2. 53 6 30

11. Hazards

Possibility of minor (sometimes

major) cuts occasionally. 50 86553 6 40

Total Points

—_—————_

92

Plaintiff's Exhibit 40.

HOURLY JOB ANALYSIS DATA SHEET

Q-38(rev.) a

Location: ‘Pressware. _

Analyst: R. M. Searless.

Date: 2/28/64. _

Job Title: General Television Inspector.

Job Code No.: 92-4672.

Analyze the jobh—NOT the employee

JOB CONDITIONS

Surroundings: .

List elements regularly encountered: Heat.

Intensity: Normal.

Frequency: Continuous.

Hazards:

List hazards regularly encountered: Broken glass.

Severity of Injury: Cuts-minor to severe.

‘Frequency: Occasionally.

93

PLAINTIFF’S EXHIBIT 42.

UNITED STATES DISTRICT COURT

WEeEstTERN District or New York

(Case title omitted in printing.)

A MANUAL

FOR

OCCUPATION EVALUATION

Prepared by

B. C. GOULD

Cuicaco Division

STEVENSON, JORDAN & HARRISON, INC.

MANAGEMENT ENGINEERS

19 WEST 44TH STREET, NEW YORK

779 Washington Street, Buffalo, New York

205 West Wacker Drive, Chicago, Illinois

Hanna Building, Cleveland, Ohio

English Subsidiary

STevenson, Jorpon & Harrison, Lop.

324 Australia House, Strand, London, W. C. 2

Canadian Affiliate

Stevenson & Ketioce, Lop.

970 Sun Life Building, Montreal

= se . ate

y

94

Plaintiff’s Exhibit 42.

GENERAL

TO ESTABLISH wage rates with proper differentials

between occupations, it is first necessary to analyze the

requirements of the work and the duties involved in each

occupation, regardless of the qualifications of the per-

sonnel that may perform the work. When these require-

ments are known, a sound method of evaluation will deter-

mine their relative value and thus a basis for establishing

equitable hourly wage rates.

The plan set forth in this manual is based on an analysis

of seven prime elements of industrial occupations: Gen-

eral Schooling, Training Period, Manual Skill, Versatility.

Job Knowledge, Responsibility, and Working Conditions.

It should be stated here that factors such as productive

ability, ingenuity and effort have been considered as per-

sonal attributes, and should be reflected in a measurement

of individual performance to be rewarded, together with

seniority. in accordance with each company’s specific policy

on such subjects.

The principle of evaluation used in this plan is unique

in that all differentials are made from one common base—

the prevailing unskilled labor rate of the vicinity and/or

industry—thus providing a sound basis of establishing

equitable occupation rates. and also a method of main-

taining that equality as the entire structure of rates moves

up or down with changing conditions in any vicinity.

Perhaps the most important factor to be considered in

establishing wage rate differentials is the judgment re-

quired to analyze the various elements of the occupations.

The procedure as described, together with the forms illus-

trated in this manual, provides a means of reducing the

95

Platntiff’s Exhibit 42.

possible error of personal judgment to a minimum, and

also furnishes a permanent record of considerable value

when a general change in wage rates becomes advisable.

When the common base has been established, and the

problem of seniority, rate of output, etc., isolated as sepa-

rate problems, all individuals who are familiar with its op-

eration will arrive at the same value by the use of this

plan.

Working Conditions

This element refers to the surrounding conditions and

physical hazards to which employees are unavoidably sub-

jected while performing the duties of an occupation.

Due to the fact that degree or extent of working condi-

tions will vary greatly in different industries and plants

within the same industry, it is not possible to predetermine

a fixed value for each condition. However, working con-

ditions have been classified into three groups, together

with a description of various degrees in each with assigned

values, to serve as a basis for evaluating local conditions

at any plant.

The three classes of working conditions are: Surround-

ing Conditions, Minor Hazards, and Major Hazards. When

rating an occupation on this element it is necessary to

analyze the conditions and the extent to which they exist.

and determine the value for each class accordingly. Should

conditions exist which are not specified or should they

exist to a degree not described, the values may be in-

creased up to 100 in any one group.

96

Plaintiff’s Exhibit 42.

PROCEDURE

IT IS important to emphasize the fact that it is impos-

sible to evaluate occupations properly until the various

requisites have been accurately analyzed. Therefore, it is

necessary that this analysis be prepared by persons who

are thoroughly familiar with the operations and work of

each occupation. A group consisting of the department

foreman, personnel director, general foreman, and the

“standards and methods” representative, has been found

to be most logical and effective. Employees themselves

may participate in the evaluation of their own occupa-

tions, if such a group is not too large.

DETAIL

1. The work sheet headed “Summary Sheet” provides a

means of recording the requisite values determined

for each occupation. The first step of the procedure,

therefore, is to enter at the top of this sheet the

identification of department, persons making analy-

sis, and date, together with the unskilled labor rate

of the vicinity. All of the occupations in the depart-

ment to be evaluated should be identified and listed

under the column headed “Occupation Description.” .

9. The next step is the preparation of the “Analysis

Record” for each occupation. This form is designed

to provide a record of the requirements of each occu-

pation to obtain accurate analysis and evaluation of

each element. The preparation of this record includes

a summary of the duties involved and the degree or

extent of each element necessary for satisfactory com-

pletion of the work

97

Plaintiff's Exhibit 42.

3. The next step is the grading of occupations in accord-

ance with the requirement of each prime element.

The values and descriptions for various degrees of

each element are listed on the following pages. With

the specifications of each occupation on the Analysis

Record as reference, the selection of the proper value

of each element is facilitated, especially when the

gradings for a number of occupations are completed

on each element separately. When the values for

each occupation’ have been selected they are entered

on the “Summary Sheet” and totaled.

4. The neai step is converting the total values selected

to a rating factor. This is done by reference to the

“Conversion Chart” which consists of two scales

and a curve. The horizontal arithemetic scale rep-

resents the total index value and the vertical log-

arithmic scale represents the rating factors. To

determine the rating factor it is only necessary to

locate the index total figure on the horizontal scale,

its point of intersection with the curve, and to read

the rating factor at the opposite point on the vertical

scale.

5. The rating factor for each occupation is entered on

the “Summary Sheet” and reflects the differentials

between occupations.- The basic wage rate is deter-

mined by the rating factor as a percentage increase

over the unskilled labor rate of the vicinity.

6. Example of Calculation

Total Index Figure .............. 600

Rating Factor ..................-- 1.67

Common Labor Rate (Male) ...... $0.50 per hr.

1.67 X .50 = .8357 Occupation Wage

Rate

a

98

Plaintiff’s Exhibit 42.

Occupation Evaluation

WORKING CONDITIONS |

Value Degree Description

10

15

_ Surrounding Conditions

(Wet, Heat, Cold, Dust, Grease, Noise, Etc.)

Normal For occupations on which the work-

ing conditions are normal, with the

above typical disagreeable features

existing only non-continuously or to

a slight degree.

Poor For occupations on which the work-

ing conditions-are poor, with one or

two of the above typical disagree-

able features existing to a marked

degree or several of them prevalent

continuously.

Very Poor For occupations on which the work-

ing conditions are poor, with sev-

eral of the above typical disagree-

able features existing continuously

to a marked degree.

Minor Hazards

(Bruises, Cuts, Heavy Lifting, Fumes, Slippery

Floors, Etc.)

Normal For occupations on which one or

two of the above typical minor haz-

ards are frequently encountered in

only a slight degree.

a

99

Plaintiff's Exhibit 42.

30 Considerable For occupations on which several of

the above typical minor hazards are

frequently encountered in only a

slight degree or one of them con-

stantly encountered to a marked

degree

60 Very High For occupations on which several of

the above typical minor hazards are

constantly present or frequently en-

countered to a marked degree.

Major Hazards

(Machine, Chemicals, Gases, Body Injuries, Etc.)

25° Normal For occupations on which one of the

‘ above typical major hazards is con-

stantly present, with, however, the

protection of normal safety meas-

ures.

50 Considerable For occupations on which several of

the above typical hazards.exist con-

tinuously to a marked degree, with.

however, the protection of normal

safety measures.

100 Very High For occupations on which several of

the above typical hazards exist con-

tinuotsly to a marked degree, and

on which the safety measures avail-

able cannot provide adequate pro-

: tection.

100

Plaintiff’s Exhibit 42.

OCCUPATION EVALUATION

SUMMARY SHEET

Dept Same Labor Rate 4™unt — pate of evaluation

Analysis by Namie of indicidwals preparing the evaluation

ae WY

fp eS

Oe sf ee t

wey Foe 18

© oie. :

Re e ol

= J

ten a to 5 Ta sa

Calculated from rating factor and labor rate

PEPE EMEP Erie Perry]

Total values for each occupation.

Le ee ee es es es ee ee ee

101

PLAINTIFF'S EXHIBIT 47.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing. )

Katherine Kessler—Clock No. 2833

346 Oak Street Service No.-5-8-28

Corning, N. Y. Retired—June 1, 1947

L

I

N Date Rate

E

A

°

oie 9) “VHA Oe OD

9- 8-24 20¢ Employed as Helper by A. G. Wileox

10-13-24 22¢

11-17-24 2¢

1-19-25 24¢ Finishing

3-12-25 24¢ Inspection

10-10-25 24¢ Quit to do housework

6-10-29 20¢ Reemployed as Helper by A. G.

Wilcox

8- 4-30 28¢ Laid-off

10- 6-30 28¢ Re-employed as Helper by A. G.

Wilcox

9- 6-32 25¢ General Decrease

7-31-33 30¢ ” Increase

4-16-34 33¢ sa =

3-28-37 40¢ “ “

3 241 42¢ Pyrex Inspection

3- 9-41 47¢ General Increase

9-28-41 52¢ Rate change

10-19-41 d4¢ Inspector-Pyrex Finishing

1-11-43 Last date worked—Sick Leave

—T & P—1947

102

PLAINTIFF’S EXHIBIT 48.

UNITED STATES DISTRICT COURT

Western District or New YorkK

(Case title omitted in printing.)

Helen M. Callanan—121 W. Fifth St.—Corning, N. Y.

Employed by CG@W—11-15-15 to retirement 17-36

Date Rate

11-15-15 13¢ Employed as Inspector

L

I

N

E

No.

1

2 5- 3-16 14%¢

3 912-17 16¢

4 3-27-18 18¢

5 T- 3-18 20¢ Gen’! Increase

6 10- 9-18 23¢ as 7

7 10- 6-19 25¢

8 3-29-26 26¢

9 Lv. of Absence to visit sister—7-2-27

10 = 9- 6-27 26¢ Reemployed by S. F. Cany as

Helper

11 10-18-27 Last date worked—Illness

12

13 425-28 26¢ Re-employed following illness

14 12 9-29 28¢

15 9- 6-32 27¢ Gen’l decrease

16. 7-31-33 31¢ Gen’l Increase

17 416-34 34¢ ” .

18

19 2-13-36 Last date employed—Granted a pen-

sion “ $3.00—week—effective 2-17-36

Death—4-10-44

103

PLAINTIFF’S EXHIBIT 49.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

Hattie Strong +880

?

Reemployed 11/15/20 as Inspector @ 24¢ + a

insp. piece rate? per HLS.

‘i 11/21/21 7 22¢

? 7/12/22 ? 28¢

Back to work 8/ 8/23 ? 22¢

. 6/29/24 ’ 30¢

Reemployed 9/18/29 as Insp. 30¢

10/14/29 32¢

Home

Reemployed 6- 9-30 Helper 24¢

Home

Reemployed 12 9-30 Insp. 24¢

= 3-16-31 Insp. 2A¢

Home

Reemployed 5-11-31 Insp. 24¢

No decrease 9- 632 Insp. 24¢

GI 7-31-33 30¢

GI 12-25-33 32¢

GI 4-16-34 35¢

1-18-37 Inspector 37¢

GI 3-28-37 tHe

GI 3- 9-41 49¢

NN

:

.

104

PLAINTIFF’S EXHIBIT 52.

UNITED STATES DISTRICT COURT

WEsrTeEkEN District or New YorK

(Case title omitted in printing.)

Carl D. Barney— Emp. No. 04480

Service Date—9-17-20

RD #4—Corning, N. Y. _. Retired 10-64

L ;

I

N_ Date Rate

a2

3- 2-26 36¢ Reemployed by A. G. Wilcox—As

helper*

5-23-27 39¢

8-29-27 42¢

6-18-28 45¢

41-29 48¢

6-17-29 53¢ Inspector

9- 6-32 48¢ General decrease

7-31-33 53¢ - Increase

58¢ “ “

12- 2-35 61¢ Special Inspector

11-30-36 66¢ Inspector—Dept. 12

3-28-37 7l¢ General Increase

3 941 76¢ °#8“ .

14 9- 241 90¢ Work as Gaffer

hom Seam om who

a

ja

Jot ph feet

IDM

* Prior periods of employment in 1920-1921-1923-

1924-1925 were as gatherer—hand bulbs. The

intervening periods were lay-offs due to no work;

other employment ete.

i ’ ROP Pe Io mee _—

5

105

PLAINTIFF'S EXHIBIT 53.

UNITED STATES DISTRICT COURT

WEeEsTERN District or New York =

(Case title omitted in printing.)

James H. Thompson Service No.—5-24-20

RD#1 Snvona N. Y. Retired 10-1-64

L

I

N Date Rate

E

No.

1 10-27-19 .275 Employed as Helper by L. West

2 3- 1-20 30 ;

3 3- 1-20 33

4 4415-20 Quit

5 52420 .365+ Reemployed by W. Foshay

6 7-26-20 Al *

7 11- 1-20 43

8 3-21-21 Laid Off (was Inspector in Finishing)

9 4 3-21 40 General Change of Rate

10 = 1-30-22 .36 Reemployed as Helper by H. Harris

11 10- 222 38 .

12 1- 1-23 40

13 5-21-23 42

14 10-13-24 45

15 1- 426 48

16 12- 3-28 Tranferred to A. Wilcox

17 —- 1-13-30 03 Inspector #6

} 18 1-132 .53 Transferred to M. Lewis #2 Inspec-

tor

19 2 632 48 General Decrease

20 = =7- 1-33 .o3 General Increase

21 4415-34 a5. * + ‘i

22 12- 7-36 60 Inspector #12

23 3-28-37 65 Pyrex Finishing #2

24 «=3- 9-41 .70

25 3-28-41 15

26 11-30-41 80 Cutter, Inspector, Lantion Filer

106

PLAINTIFF'S EXHIBIT 58.

UNITED STATES DISTRICT COURT

WESTERN District or New YorkK

(Case title omitted in printing.)

DEPOSITION OF SETH J. McKIBBIN.

[November 7, 1968. ]

Appearances :

Isabelle R. Cappello, Esq., Deputy Counsel for Regional

Litigation, Office of the Solicitor, Washington, D. C., ap-

pearing for the Plaintiff.

Francis V. La Ruffa, Esq., Chief Trial Attorney, 341 9th

Ave., New York, New York, for the Plaintiff.

Scott F. Zimmerman, Esq., Reed, Smith, Shaw & McClay,

747 Union Trust Bldg., Pittsburgh, Pa., appearing for the

Corning Glass Works.

[7] Whereupon, SETH J. McKIBBIN, was called as a

witness, and testified as follows:

Direct Examination by Mrs. Cappello:

[8] Q. What is your present title? A. Manager of

Statistics and Surveys.

Q. And in connection with these duties, do you have

general powers to exercise judgment and discretion in

dealing with them? A. Yes.

PRLS ET PN

107

Platntiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. Mr. McKibbin, did you answer Plaintiff’s first and

second set of interrogatories on behalf of Corning Glass

Works? A. I did.

Q. Mr. McKibbin, I would first like to question you

about rates back in 1930. You are familiar with answers

eight and nine the interrogatories? Would you like to

look them over? A. Yes, please.

(Document handed to witness.)

Yes, I am familiar with these.

Q. And you are claiming, for purposes of this suit, that

the time of day work is a working condition? A. Yes.

Q. Is Mr. E. W. Noble considered by Corning Glass to

be an expert in Corning Glass’s Job evaluation plans?

[9] A. He is, in my opinion.

[13] A. To the best of my knowledge, there were no

schedules as such.

Q. Were there male and female rates in 19307 A. There

were rates being paid to men and women in 1930, yes.

Q. And they were on a different scale? A. Well, since

there was no scale, I cannot testify that they were on a

different scale.

Q. Were men and women on separate seniority lists

in 1930? A. I am not equipped to answer this. It is my

best understanding that there were no such things as sen-

iority lists in 1930?

Q. Well, were women paid at lower rates than men

in 1930 for inspection work? A. The record demonstrates

this. ©

108

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. In answer nine to the first set of interrogatories, you

said that men on the night shift were diverted from other

jobs to go onto inspection work. What were these other

jobs? [14] A. Most of them were in the blowing room,

a variety of jobs from helper to gatherer, according to the

record that we have established.

Q. Gatherer? A. Yes.

Q. Would you please describe the duties of these jobs?

A. Well, in general, it is my understanding that the helper

in the blowing room was what we now call a shop boy, and

in essence he was a low skilled part of the crew that formed

glass by hand. The gatherer was a higher level job in the

same team and his job was to gather the glass from the

molten tank and begin the forming operation.

{17] Q. You state in answer nine that the inspection

worker enjoyed less prestige than other activities on the

night shift. Was it dirtier work? A. No, I think it was

considered to be female work.

Q. The men wouldn’t work at the female rate? A. I

am not prepared to say that they wouldn’t, they disliked it.

Q. What were the hours of steady night shift, day

shift and afternoon shift in 1930, approximately? A. I

am not sure what the day and afternoon shift was, speci-

fically, it is my understanding that the night shift started

at either ten, eleven, or twelve at night.

[18] Q. And what rate were the men assigned when they

were put on inspection work in 1930? A. Fifty-three

cents.

109

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. And so they got an increase for going on inspection

work? A. They received an increase in their base rate

for going on inspection work.

Q. Why was that, Mr. McKibbin, do you know? A.

It is my understanding that these men worked in the blow-

ing room on an incentive operation, and while their rate

of pay was, I believe, forty-eight cents, that their earned

rate, if you will, was considerably above that, and that the

increase in their base rate was necessary to encourage

them to take this demeaning work.

Q. Demeaning because it was women? <A. In their

judgment, it was demeaning.

Q. Did there come a time when newly hired men were

put on inspection work? A. TI am sure it came along

eventually. I am not sure when.

Q. And when the newly hired men came, were they

[19] given the women’s rate or the men’s rate? A. I

would assume that they were paid corresponding to the—to

their training and experience, being paid to the men al-

ready performing the job.

Q. What kind of lifting and carrying did the men in-

spectors do in 1930? A. It is my understanding that the

men inspectors on the night shift did their own utility

work.

[32] Q. How long did Corning Glass Works have separ-

ate male and female hiring rates? A. For as long as I

have been able to—Well, let me restate it, as long as I

know.

Q. Would they have had them in 19461 [33] A. Yes.

Q. And in 1930? A. Yes.

110

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKtbbin—Direct.

Q. What was the minimum hiring rates for men and

women on June 9, 1964, would they be the rates you have

just stated? A. No, they would not.

Q. What would they be? A. According to Exhibit

K-10 and K-11—

Mrs. Cappello: Off the record a minute.

(Discussion off the record.)

Mr. McKibbin: According to sheets 10 and 11

of Exhibit A, the male starting rate was $1.99, and—

these should be pages 9 and 10 of Exhibit A, the

male starting rate was $1.99, and the female starting

rate was $1.89.

Mr. Zimmerman: What was the date?

Mr. McKibbin: Dated November 19, 1962.

By Mrs. Cappello:

Q. And I ask if these were the rates on June 9, 1964,

and these were the rates? A. That’s right.

Q. What were they on June 11, 19641 A. We no

longer had minimum starting rates on a sex basis, it was

dependent upon the job classification the employee was

hired into.

[36] Q. Is the revised hourly rate schedule furnished

in answer three to the first set of interrogatories the same

as the eleven sheet of Exhibit A? A. Yes.

Q. And this revised hourly rate schedule went into

effect on June 11, 19647 A. It did.

Q. Mr. McKibbin, I want you to explain for us how the

rates for men and women inspectors were effected by the

change from separate male and female rate schedules that

111

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

had been [37] used up to June 11, 1964 to the one revised

rate schedule, and I would like you to use in this connection

Exhibit A, B and C to your supplemental answers to our

second set of interrogatories, and the eleventh sheet of

Exhibit A to this deposition.

* . *

4

Q. Mr. McKibbin, I am going to hand you Exhibit A

to your supplemental answer 22, Exhibit C to supplemental

answer 23 and Exhibit B to supplemental answer 22.

Using these Exhibits, plus sheet eleven of Exhibit A to

your deposition, please explain how the rates for men and

women inspectors in class C, class B, T. V. and general

T. V. inspection work were effected by the change from

separate male and female rate schedules that had been used

| up until [38] June 11 to the one revised hourly rate sched-

: ule? A. Let me just get organized here, because I’m not

sure what you want.

Mr. McKibbin: Looking at the female schedule

dated November 19, 1962 I believe the class C female

inspectors were a group 3, with job evaluation .215

to .235 with a rate range running from $1.89 to

$1.97.

On the schedule that became effective Juné 11,

1964, they were classified as “new group” 1, and

their rate of pay was $1.97. Any female employee

who was—whose rate of pay on June 10, 1964 was

$1.89, $1.9314 or $1.9514 received an immediate ad-

justment effective June 11, 1964 to the rate of

$1.97%%.

112

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Female class B inspectors, I believe were group 6,

under the rate schedule effective November 19, 1962,

and the rate of pay ran from $1.89 through $2.05).

On June 11, pursuant to the schedule that was made

effective that date, any employee, any class B in-

spector employee, female, who was receiving less

than $1.9714 received an immediate increase to

_ [39] $1.9744, and employees who were rated at

$1.9914 were increased to $2.0114, and those who

were rated $2.051% remained the same.

By Mrs. Cappello: When you say, “Class B”, you

also referred to general T. V.?

A. Anything that I have said about the class B inspec-

tors would be equally applicable to the general T. V.—

° Q. And anything that you have said about class C would

be ‘applicable to T. V. inspector? A. Yes, on the day

shifts, as in regards to the men, on the night shift, June

10, 1964 a class C night inspector or a T. V. night inspector

was in old group 2, and the rates ran from—their job

evaluation points ran from 165 points to 235 points and

their individual hourly rates of pay ran from $1.99 to

$2.13.

On June 11 their rates would have been adjusted, any

night class C inspector with a rate of $1.99 would have

been increased to $2.01144. An employee at $2.0314 would

have been increased to $2.054%. An employee at $2.08),

would have been increased to $2.0914, and those at $2131,

had no rate change.

The class B night inspectors—

Q. And general T. V.? A. And general T. V., night

inspectors were in old group 4, which is a point value run-

113

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

ning from 300 to 350 points, and their rates ran from $1.99

to $2.2344. Similarly any [40] employee on one of those

classifications who was rated at $1.99 would have been in-

creased to $2.01. An employee at $2.031%4 would have

been increased to $2.0514. One at $2.0814 would have been

increased to $2.0914, and those at $2.1314—$2.181% and

$2.23% would not have had a rate adjustment.

Q. Would you now explain the hourly group number

conversion table, and for what purposes that was used?

A. This table shows—this table shows that we converted

old group numbers to new group numbers by combining

old female group numbers 1, 2, and 3-A into new group

number 1. Old female group numbers 4 and 5-A into new

group 2. Old female group number 6-A into new group

number 3. Old female group number 1 and female group

number 7-A into group 4, and old male group number 2

and old female group number 8-A to new group number

5, and so forth.

Q. Does this conversion table indicate that no men went

into group numbers 1, 2, and 3? A. On June 11 I believe

that is so.

Q. What does the irregular schedule mean? A. The

irregular schedule applies in certain class type activities,

‘in which the lower end of the rate range of the higher job

which overlapped the upper end of the lower level job was

eliminated, and this may be the case in class-B and ( in-

spectors. I am not sure.

Q. Why were decimal points and the letter “A” in the

[41] female column but there were none in the male

column? A. There could well have been decimals in the

male column, and there would he—the “A” designation

114

Plaintiff's Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

under the female groupings under the old program was

aware of disinguishing between the two schedules. It was

an administrative thing, we frequently refer to them as A’s

or as female schedules.

Q. So all the men inspectors went into GP numbers

5 and 7 on the revised hourly rate schedule on June 11?

A. All the male inspectors being on the night shift, that

is true.

Q. And all of the women inspectors went into GP num-

ber 1 or 3 on the revised schedule on June 11, 1964? A. Yes.

Q. In answer 20 to our first set of interrogatories, you

told us that the job evaluation points were the same on all

shifts for class C, B, T. V. and general T. V. inspectors.

Under both your SJ and H plan and your CGW plan, the

latter plan rating effort and the SJH plan not rating

effort— A. That is my recollection.

Q. Would you like to see that answer?

(Document handed to witness.)

A. Yes.

Q. This being so, Mr. McKibbin, why didn’t the men

and women go into the same wage group when you con-

verted them to one rate schedule? [42] A. Well, I think

this is what happened up in the history of thirty-some years

worth of industrial experience and negotiating with the

Union for some part of that time. I think that is the answer

in summary. This is a whole wealth of background.

Q. When you went to the one revised hourly rate

schedule, did you preserve the rates that were in the male

and female schedules? A. If I understand your question,

no. There were changes.

115

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. Well, at the top of the—Why were there changes?

A. Well, we eliminated all of the rates below $1.9714, as a

for instance—

Q. Employees doing elass C, class B, T. V. and general

T. V. inspection work who were at the maximum range,

were their rates changed when you went from the male and

female schedule to the revised hourly rate schedule? A. I

believe not.

_Q. So their rates were preserved in the conversion

process? A. Atthe maximum. Yes.

[50] Q. Has this differential between utility workers

and inspectors been about the same since 19642 A. Ap-

proximately.

Q. Does the base hourly rate of a utility worker change

depending on the shift he works? A. Not his base hourly

rate.

Q. Does this result in a utility worker getting more

then inspectors on the day and afternoon shift and less on

the night shift? A. Would you restate that, please?

Q. Does this result in a utility worker on the day and

afternoon shift assisting an inspector getting more than

the inspector? A. Yes, on the day shift?

Q. When the same utility worker goes onto the night

shift, he gets less than the inspector? A. In base hourly

rates, is that your question?

Q. "Yes. A. Yes.

Q. From your experience in the industrial relations

[51] department, is there a sound economical reason for

such a situation? A. Yes, ma’am.

116

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. What is it? A. Well, this is inherent in the revolu-

tion of the rates of pay that Corning Glass Works currently

pays, and as we discussed earlier when the night shift

initially started we had to pay a premium and, I am using

my term now, in order to induce people to take on this un-

savory work and that rate has persisted down through the

years with the union’s knowledge and consent. It has been

a negotiable item.

Q. And the men just wouldn’t work at the women’s rate?

A. Yes.

2. 2. bd

[52] Is there a plant-wide night shift differential that is

paid for steady night shift work? A. There is a steady

night shift differential negotiated as part of the contract.

Q. What is the purpose of such a night shift differen-

tial? [53] A. Well, I am sure it is different things in the

minds of different people, but it is a generalization, I say

it was agreed upon the amount of compensation to be paid,

in addition to the individuals hourly rate for the undesir-

able hours of work.

Q. And for the inconvenience? A. For all aspects of

those undersirable hours.

Q. Have the men that do inspection work on the night

shift also gotten any plant wide night shift differential

that was negotiated— A. To the best of my knowledge

and belief, yes.

Q. Do any other men on steady night shift receive a

a higher base hourly rate than those doing the same job on

other shifts? A. Would you restate that, please.

Q. Do any other men on steady night shift receive a

higher base hourly rate than those that do the same work

| 117

| Plaintiff’s Exhibit 58.

\ Deposition of Seth J. McKibbin—Direct.

on the other two shifts? A. To the best of my knowledge

and belief there are no other people currently receiving a

| higher base rate on the day shift.

: Q. Has there ever been? A. As—

Q. Would you explain that action, please. A. Well,

years ago whenever we needed the historical [54] female

activities performed on the night shift as inspection, the

only way we could get it done was to get a man to do it, and

historically our experience was that we had to pay a premi-

um to get a man to do it.

Q. And I believe you said that utility workers get the

same base hourly rate on all shifts. Is that correct? A.

Yes.

Q. Do you have any inspectors who work steady on the

second shift? A. I am not sure, currently. We presum-

ably have had at some point in time.

Q. What are the hours of the second shift, are they—

A. I am not sure what you mean by the “second shift”.

Q. The afternoon shift. A. The afternoon shift nor-

mally starts at 2:00 o’clock p.m., 3:00 p.m, or 4:00 p.m.

Q. And last until what hourt A. For an eight hour

period. A

Q. Do you pay a plant-wide shift differential for the

afternoon? A. We have a six cent shift differential for

shifts starting at 2:00, 3:00 and 4:00 o’clock, as detailed in

the contract.

Q. Aren’t the second shift hours less desirable and

convenient than the day shift hours? [55] A. I am not

prepared to pass a judgment on that, except as it pertains

to me.

118

Platntiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Q. You may answer that question as it pertains to you,

then. A. 1 have worked shifts, and to me the most dis-

agreeable hours possibly would be the night shifts, steady

night shifts, in my personal opinion.

Q. My question was whether the afternoon shift hours,

lasting until midnight, aren’t less desirable and convenient

than the day shift hours? A. Iam sorry. Presumably, yes.

Q. Do second shift inspectors get the same base hourly

rate as the—Do the afternoon shift inspectors get the same

base hourly rate as the day shift inspectors? A. Yes.

Q. Why don’t they get a higher base hourly rate like

the third shift if it is to compensate for—let’s see—less de-

sirable and inconvenient working hours? A. I suppose the

right way to answer that is that we have never negotiated

such an understanding.

[57] Q. Well, you say that the factor other than sex ac-

counts for the differential in base hourly rates between the

men and the women is due to less desirable hours of work

and inconvenience of working steady nights, but you don’t

apply that throughout the plant; is that correct?

Mr. Zimmerman: I don’t know what you mean,

you don’t apply that—You don’t apply what?

Mrs. Cappello: Well, with other third shift em-

ployees, who do the same work, they all get the same

base hourly rate.

Mr. Zimmerman: First of all, are there—the

question is based on the same assumption that you

made in the last question, you say are there other

employees who worked different hours and do the

same work.

ere oe le}

Desire) (bi

119

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

Mrs. Cappello: All right. I will rephrase that

question.

By Mrs. Cappello:

Q. Are there employees working a third shift, perform-

ing the same work as employees on the day and afternoon

shift? [58] A. Ona steady night basis?

Q. Yes. <A. I believe there are.

Q. Do they all get the same base hourly rate except for

inspectors? A. I believe so.

Q. Now, I don’t understand how you can say that that

differential, as between the inspectors is due to less desir-

» able hours of work, and inconvenience of steady nights,

since you don’t compensate other employees in that manner.

A. Well, as I have tried—

Mr. Zimmerman: Is that a question or a state-

ment?

By Mrs. Cappello:

Q. Do you agree with that, Mr. McKibbin? A. Well,

I think you are losing the sight of the historical derivation

of the rates that we pay inspectors.

'Q. And that historical reason is that the men wouldn’t

work for what the women were getting; is that right? A.

Yes.

Q. And isn’t that a fact—

Mr. Zimmerman: Well, just a second now, isn’t

there more to it than that, Mr. McKibbin?

Mr. McKibbin: Among other things, that is true.

120

Plaintiff's Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

By Mrs. Cappello:

Q. What are these other things? [59] A. Well as

we have discussed earlier, the loss of incentive income, the

loss of opportunity to work overtime, the disagreeable

hours and so forth.

([76] By Mrs. Cappello:

Q. Were the men inspectors assigned to do inspection

work on the day and afternoon shift on a temporary basis?

A. Would you restate that, please?

Q. Were the men inspectors assigned to do inspection

work on the day and afternoon shifts on a temporary basis?

Mr. Zimmerman: At what point in time are you

speaking?

Mrs. Cappello: After the men were able to get on

to the day and afternoon shifts.

The Witness: Not to the best of my knowledge.

By Mrs. Cappello:

Q. Those were permanent assignments? A. As per-

manent as any of our transactions are.

Q. What period of time does exhibit I cover?

[77] Q. What period of time does exhibit I cover? A.

From June 1, 1966, to June 2, 1968.

[87] Q. You refer, in several of your answers, to past

practices under your contracts. In 1944, before the past

practice clause was first enacted, what were the rates of

the men and women inspectors? A. I think you need to

Si leetdathies nak Da bk isi

De MnT ATA AORL ILO: a

121

Plaintiff’s Exhibit 58.

Deposition of Seth J. McKibbin—Direct.

understand that there was no schedule at that time. We

didn’t have the same type of business management that we

have now, so as a result of the necessity to establish some

of this, I have gone back and reconstructed a composite

series of rates that were applicable to men and women in-

spectors during the wartime period.

Now, quite frankly, some of these records I couldn’t find,

there is a blank spot in here, for example—

[88] Q. Will you explain what those rates were, Mr.

McKibbin, as best you know? A. Well, as best I have

been able to reconstruct them, and if I may take a period

time, here, as of 7-9-44, I was able to establish that there

were men classified as inspectors, Class B, with a hiring

rate of $.60, and a maximum of $.85, and men classified as

inspector, Class A, at $.90. Women were classified in four

different classifications, the lowest of which was inspector—

standard ability, with a hiring rate of $.50, and a maximum

$.59. Above that was an inspector above standard ability.

which had a single rate of $.61, and above that was an in-

spector-superior ability, that was paid $.63, and there was

an inspector-supervisor, outstanding ability, that receive

$.65 per hour.

Q. Were these the rates, in effect, then, when the first

union contract was signed, to the best of your knowledge?

A. These were in effect as of July 9, 1944, which would

have been after the contract was signed.

Q. Were they different before the contract was signed?

A. Yes. On 7-9-44, there was a general increase, which

incorporated in an attendance bonus into the rate, it was

122

Plaintiff's Exhibit 58.

Deposition of Seth J. McKibbin—Cross.

the result of negotiations and had to have the prior ap-

proval of the War Labor Board, and it was ultimately ap-

proved and negotiated, and it was implemented on July

9, 1944.

[97] CROSS EXAMINATION by Mr. Zimmerman:

Q. Mr. McKibbin, earlier you testified that women were

paid at lower rates than men for inspection work in 1930.

Were there any differences in the inspection work per-

formed by the women in 1930 as opposed to that performed

by the men? A. Yes, there was a substantial difference,

as I understand it.

Q. Well, can you explain what you mean by that? A.

Yes. The women, at that time, did no lifting, as such.

They had male helpers on the two day shifts who did the

heavy work for the female inspectors on those two shifts.

On the night shift the male helpers did not exist, and the

men did their own lifting, which the women had help on in

the day shifts.

Q. So I gather, in addition to the fact that the men

worked different hours, that is, they worked the steady

night shift, there was also a difference in work? A. Yes,

that is my understanding.

—

123

PLAINTIFF’S EXHIBIT 68-A.

UNITED STATES DISTRICT COURT

WEsTERN District or New York

(Case title omitted in printing.)

i Rates Changes—Oct. 21, 1946

EXHIBIT III

FEMALE SCHEDULE FOR DERIVING RATE

RANGES AND STEPS

Corning, New York Plants

Min. Max

Trainee Inter- Rate Rate

Wage Job Hourly mediate of of

Evaluation Starting Rate Rate Rate

No. Points Rate Step Range Rate Steps Range

-1 Upto160 60 .65

2 165-210 .60 65 67

3 215-235 .60 65 .67 .69

4 240-265 .60 65 67 42.69 ~~ «471

5 270-295 60 65 .67 69 71 73

6 300-345 60 65 67 69 71 73 477

7 350-395 65 67 469 71 73 477) «Bi

8 400-435 65 69 71 73 77 #81 85

9 440-475 67 ~=.71 73 8.77 ~=681 85 89

10 480-515 69 73 77 81 85 89 93

11 520-555 71 «6.77)~=«6©«.82)=— 85 ia Ks—sCi«QBWCéC«éZ’:

12 560-585 73 81 85 89 93 £97 1.01

13 590-615 77 8 89 93 97 1.01 1.05

Effective January 6, 1946 (Original Schedule Plus 8¢)

124

' PLAINTIFF’S EXHIBIT 68-B.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

Rate Change—Oct. 21, 1946

EXHIBIT IV

MALE SCHEDULE FOR DERIVING RATE

. RANGES AND STEPS

Corning, New York Plants

Effective January 6, 1946 (Original Schedule Plus 10¢)

Min. Max.

Trainee Inter- Rate Rate

Wage Job Hourly mediate of of

Group Evaluation Starting Rate Rate Rate

No. Points Rate Step Range Rate Steps Range

1 Upto160 70 75 80

2 165-235 70 7 80 85

3 240-295 70 7 80 8 0

4 300-350 70 75 80 8 90 9%

5 355-395 70 80 8 90 95 1.00

6 400-440 70 75 85 90 95 1.00 1.05

7 445-485 75 80 90 95 1.00 1.05 1.10

8 490-535 80 8 95 1.00 1.05 1.10 1.15

9 540-570 85 90 1.00 1.05 1.10 1.15 1.20

10 575-600 90 95 1.05 1.10 1.15 1.20 1.25

11 605-630 95 1.00 1.10 1.15 1.20 1.25 1.30

12 635-660 1.00 1.05 1.15 1.20 1.25 1.30 1.35

13 665-685 1.05 1.10 1.20 1.25 1.30 1.35 1.40

14 690-710 1.10 1.15 1.25 1.30 1.35 1.40 1.45

15 715-730 1.15 1.20 1.30 1.35 1.40 1.45 1.50

16 735-755 1.20 1.25 1.35 1.40 1.45 1.50 1.56

17 760-775 1.25 1.30 140 1.45 1.50 1.56 1.62

18 780-795 1.30 1.35 1.45 1.50 1.56 1.62 1.68

19 800-810 1.35 1.40 1.50 1.56 1.62 1.68 1.74

20 815-825 1.40 1.45 1.56 1.62 1.68 1.74 1.81

21 830-845 1.45 1.50 1.62 1.68 1.74 1.81 1.88

22 850-860 1.50 1.56 1.68 1.74 1.81 1.88 1.95

23 865-875 1.56 1.62 1.74 181 1.88 1.95 2.02

24 880-890 1.62 1.68 1.81 1.88 1.95 2.02 2.10

25 895-905 1.68 1.74 188 1.95 2.02 2.10 2.18

26 910-920 1.74 1.81 1.95 2.02 210 2.18 2.26

|

15

PLAINTIFF'S EXHIBIT 69.

UNITED STATES DISTRICT COURT

WestErRN District or New York

(Case title omitted in printing.)

CORNING GLASS WORKS

REVISED HOURLY RATE SCHEDULE

CORNING, NEW YORK

GP. No. Rate ScHEDULE

New Trainee Min. 2nd Mid 4th Maz.

1.975

1.975(a) 2.015

1.975(a) 2.015(b) 2.055

2.015(a) 2.055(b) 2.095

2.015(a) 2.055(b) 2.095 2.135(e)

2.015(a) 2.055(b) 2.095 2135 2.185

2.015(a) 2.055(b) 2.095 2135 2185 2.935

2.015(a) 2.095 2.135 2185 2935 2.985

2.015(a) 2.135 2185 2935 2985 2345

10 2.055(b) 2.185 2935 2985 92345 2.40

11 2.095 2.235 2985 2345 240 2475

12 2135 22985 2345 240 92475 2545

13 2185 2345 240 2475 2545 263

14 2235 240 2475 2545 263 269

15 2285 2475 2545 263 269 2765

16 2345 2545 263 269 2765 2845

7 240 263 269 2765 2845 9995

18 2475 269 2765 2845 9995 92995

19 2545 2.76) 2845 2995 2995 3085

20 263 2845 2995 92995 3085 318

21 269 2995 2995 3085 318 3.975

22 2.765 2.995 3.08 318 3275 336

23 2.845 3.085 3.18 ‘si 3.36 3.465

)

CONOR WD

24 2.925 3.18 3.275 3.465 3.565

25 2.995 3.275 3.36 0.465 3.565 3.675

26 3.085 3.36 3.465 3.565 3.675 3.785

27 3.18 3.465 3.565 3.675 3.785 3.90

126

_ Plaintiff’s Exhibit 69.

(a) Time progression increase due after one (1) month at

this rate.

(b) Time progression increase due after three (3) months

at this rate.

(c) On transfer to an equal or lower rated job:

1. An employe in or below this rate range will re-

ceive credit for service toward his six (6) month

control period for merit progression.

2. An employe at or above this rate should not be

reduced below it except to the highest rate in the

rate range.

/pb

June 10, 1964

PLAINTIFF’S EXHIBIT 76-20.

UNITED STATES DISTRICT COURT

Western Disraict or New York

(Case title omitted in printing.)

AGREEMENT

Between

CORNING GLASS WORKS

and the

AMERICAN FLINT GLASS WORKERS’ UNION

OF NORTH AMERICA

A. F.L.-C. LO.

Including Local Union

No. 1000

January 9, 1964

ARTICLE XII SHIFT DIFFERENTIAL

Section 1. Workers employed on shifts starting at 2:00

p.m. 3:00 p.m. and 4:00 p.m., will be paid $0.06 per hour

as a premium for such work.

Section 2. Workers employed on non-rotating shifts

starting at 10:00 p.m., 11:00 p.m. and Midnight will be paid

$0.12 per hour as a premium for such work.

Section 3. Workers employed on rotating shifts start-

ing at 10:00 p.m, 11:00 p.m., and Midnight will be paid

$0.08 per hour as a premium for such work.

128

PLAINTIFF'S EXHIBIT 82.

UNITED STATES DISTRICT COURT

Western Disrraicr or New York

(Case title omitted in printing.)

To:

Mr. W. J. Bradshaw

Mr. R. M. Dorwart

Mr. F. W. Gillen

Mr. D. S. Hall

Mr. P. A. Lang

Mr. J. L. Rhodes

Mr. S. Somers

Mr. G. R. Yeakey

From: Charles A Francik

May 4, 1964

The attached material, Exhibit I, was used for a pre-

sentation to Industrial Engineers in the Corning area con-

cerning the Equal Pay Act and:its implications. At the

same time, Exhibits II and III were distributed to serve

as guidance in determining possible Equal Pay Act viola-

tions and providing a method by which these could be

recorded. Any possible violations were then to be referred

back to this office so that there could be understanding

of the Corporation’s possible total liabilit.

In view of the time problem, it is not possible to invite

the Industrial Engineers from the branch plants into

Corning. As a substitute, it would be wise if you, your

Industrial Engineer, and Personnel Supervisor reviewed

the attached material (referring any questions which you

might have to me) and make a comparison of female to

male jobs in your own plant. Once having developed this

———————

|

129

Plaintiff’s Exhibit 82.

information, I would appreciate it if you would record the

possible violations and send them to me so that we are

better aware of problems in each plant.

The material is as uncomplicated as we can make it at

this time, but there are plenty of areas where misunder-

standing might develop. If you have any questions, please

contact me and we will do our best to assist you.

ee ee

/caw

Atts.

: EFFECTIVE DATE—EQUAL PAY ACT

CGW EVALUATION RANDOM RATE

SJ &H PLANTS PLANTS PLANTS

All Corning Plants Martinsburg , Charleroi

Bradford Greencastle Frederick 6/11/64

Parkersburg Danville, Va.

Albion 6/11/64 Raleigh 6/11/64

Greenville Buckhannon

Corning Packaging Co. Penndell

Wellsboro 1/20/65 Paden City 5/31/65 Cohart-

Louisville 12/4/64

Harrodsburg 2/ 1/65

Muskogee 3/ 1/65

Central Falls 6/11/65

Danville, Ky. 6/11/65

Wuere Is Our Prosiem?

Each plant should examine its local situation to develop

compliance problems.

By Plants:

Plants using S J & H Evaluation System Discriminatory

Wage schedules.

Plants using negotiated rates.

130

Plaintiff’s Exhibit 82.

By Payroll:

1. Principally Hourly Payroll.

2. Weekly Payroll also affected—look out for:

a. Quality Control and Lab. Testing where they are on

the Weekly Payroll.

'b. “Sleepers”—where job descriptions for male incum-

bents may contain overstatements of the functions.

By Kind of Work: |

Usually low physical effort; look out for:*

1. Inspection

2. Quality Control

3. Machine loading and unloading

4. Material transfer

5. Packing

6. Tool & parts supply storage

7. Custodial

By Job Level:

— a

$/Hr.

1060 Points

under CGW

<_

Evaluated Points ©

131

PLAINTIFF’S EXHIBIT 91.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

DEPOSITION OF ARTHUR J. AGETT

[November 7, 1968]

Appearances :

Mrs. Isabelle R. Cappello, Deputy Counsel for Regional

Litigation, U. S. Department of Labor, Washington, D. C.,

on behalf of Plaintiff.

Francis V. LaRuffa, Esq., Chief Trial Attorney, U.S. De-

partment of Labor, 341-9th Avenue, New York, N. Y., on

behalf of Plaintiff.

Scott F. Zimmerman, Esq., Reed, Smith, Shaw and Me-

Clay, 747 Union Trust Building, Pittsburgh, Pennsylvania,

on behalf of Defendant.

{3] ARTHUR J. AGETT, was called as a witness and

testified as follows:

Examination by Mrs. Cappello:

[4] Q. During your time in Pressware as Assistant to

Plant Manager and Plant Manager in 1942-1945, were they

operating a third shift upon which inspectors worked? A.

Yes, this was a continuous production operation down there,

twenty-four hours a day, seven days a week.

Q. These were the World War II years? A. Yes.

132

Plaintiff’s Exhibit 91.

Deposition of Arthur J. Agett—Dtrect.

Q. And you have been named as the person qualified to

testify as to working conditions and rates during World

War II? A. Well, in respect to rates—

Q. Well, working conditions. A. Okay.

Q. Did women inspectors work on the night shift during

World War II? A. Yes, as I recall.

Q. Did they get the same base hourly rate as the women

on the other shifts? A. Yes.

{5] Q. If this is so, how—since it is so, how were they

compensated for working less desirable and inconvenient

hours? A. I don’t recall that we had any shift differential

at that time, and I believe they were not compensated for

that purpose, or for that condition.

Q. Were the utility workers on the night shift at this

timet A. Does your question relate to, in respect to the

inspection work, because you see there are various other

operations going on in the plant.

Q. Did the utility workers serve as inspectors on the

night shift during this period? A. No, not to my knowl-

edge.

Q. But there were utility workers on the night shift?

A. There might have been, I don’t recall specifically. There

were no utility workers in the inspection department of the

night shift, as I recall.

Q. Why was this? A. Well, we used utility workers on

the day shift to do lifting and trucking, the work that we

didn’t expect women to do. This was not necessary on the

night shift where we had night inspectors. I don’t think

we manned any night shifts entirely by women, so that the

men would do the moving of boxes, the trucking of ware

away, the positioning of skids and boxes adjacent to the

inspection area where the women were inspecting?

. sa ad

rm

AUD Aiiap SD Tied ag eae

af MUNG EP DRIAL DAY eS UEM SET PEY LED

133

PLAINTIFF'S EXHIBIT 93.

UNITED STATES DISTRICT COURT

Western District or New York

(Case title omitted in printing.)

DEPOSITION OF EARLE LEWIS

[November 7, 1968. ]

Appearances :

Mrs. Isabelle R. Cappello, Deputy Counsel for Regional

Litigation, U. S. Department of Labor, Washington, D. C.,

on behalf of Plaintiff.

Francis V. La Ruffa, Esq., Chief Trial Attorney, U. S.

Department of Labor, 341-9th Avenue, New York, N. Y.,

on behalf of Plaintiff.

Scott F. Zimmerman, Esq., Reed, Smith, Shaw and

McClay, 747 Union Trust Building, Pittsburgh, Pennsyl-

vania, on behalf of Defendant.

PROCEEDINGS

Whereupon,

EARLE LEWIS was called as a witness and testified as

follows:

Examination by Mrs. Cappello:

Q. Are you employed by Corning Glass Works, Mr.

Lewis? A. Yes, I am.

Q. How long have you been employed by Corning? A.

Since December, 1943. |

134

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

Q. In what capacities have you worked, and what were

the approximate dates on which you worked? A. I was

working with the Cost Office on special assignments—Cen-

tral Cost System at the time, for approximately three years;

and then I worked as a supervisor of time and cost in “A”

factory until 1955; and I went to work in General Industrial

Engineering as a Weights Administrator until 1967; and

I became a Supervisor of Employment, and non-Exempt

Pensions, which is basically a staff — in the General

Industrial Engineering Division.

Q. Mr. Lewis, you have been named as the person -quali-

fied to testify as to the | ceaciabes for posting vacancies. A.

Thank you.

Q. Would you please explain those procedures? A. In

the first place, vacancy occurs when there is no person who

is currently employed has a right to the classification. The

procedure is to—for the plant who meets or has a vacancy,

to define the job and the wage, send it to the central Person-

nel Office, where it is verified as being an opening, or a

vacancy. It is posted in the plant that needs the person and

the main plant Personnel Office—or in the union office

window.

Mr. Zimmerman: Let me inject a comment, if I

may. Are all jobs posted, Mr. Lewis?

The Witness: No, they are not.

Mr. Zimmerman: ill right, just so that you know

we are not talking about all jobs.

Please go on.

Mr. LaRuffa: Well, I think you were referring—

you had qualified your answer that these are vacan-

cies occurring or positions that don’t exist, only—

aia tidinmatiie ——

135

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

The Witness: If persons do not have a classifi-

cation.

Mr. LaRuffa: That’s right, classification.

Mr. Zimmerman: Off the record.

(Discussion off the record.)

Mr. Zimmerman: On the record.

Mr. LaRuffa: Just give us the situation relative

to posting of these positions, those that you do have

to post, and those that you don’t and why you don’t,

and why you do.

[5] The Witness: By negotiations with the union,

there are certain jobs that are entry jobs and these

jobs do not have to be posted. They may be filled

from the street when there are openings or they may

be filled by regression of persons or they may be fill-

ed by a new word, transfer request.

By Mrs. Cappello (continuing) :

Q. Are Class B and general TV jobs posted? A. They

are not.

Q. Then how can anyone bid on one of these jobs? A.

They fill out what is known as a transfer request. They re-

quest the plant, the shift and the job that they would like.

Q. And you consider that bidding on a job? A. This

is the equivalent, yes, and they are recognized before people

are hired from the streets, or who are put on the job under

voluntary procedures.

Mr. LaRuffa: This is a totally voluntary proce-

dure that is followed by Corning?

The Witness: Yes.

136

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

Mr. LaRuffa: Not at as a result of union negoti-

ations?

The Witness: They have agreed to all of our

procedures, yes, sir.

Mr. LaRuffa: When did this go into effect, Mr.

Lewis?

[6] The Witness: This I don’t know. I have not been

in the business that long.

Mr. Zimmerman: Perhaps you can give us the

earliest point at which you know it was in effect?

The Witness: Around 1950, I would say.

By Mrs. Cappello (continuing) :

Q. Do you know how many women have requested trans-

fers to the night shift—any Class C, B, TV or general TV

inspectors who have requested transfers to the night shift?

A. MayI read—

Mr. Zimmerman: This is some work that Mr.

Lewis did pursuant to the request that I made after

you suggested it.

The Witness: How would you like the presenta-

tion?

By Mrs. Cappello (continuing) :

Q. Well, I just want to know how many women have re-

quested transfers to the night shift?

Mr. Zimmerman: You have it broken by time

periods?

‘The Witness: Right, in my plans.

peas babbe dike

PE LSTLP Pel PUAN

137

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

[7] By Mrs. Cappello:

Q. Have many of these requests for the transfers of a

night shift been because the women wanted the higher rate?

Mr. Zimmerman: If you know why the women

put in the request.

The Witness: I do not know.

By Mrs. Cappello:

Q. I believe it appears on those transfer requests. A.

They are on there, yes. I don’t know what all of the reasons

are.

Q. Would you like to look through them? A. I would

have to to give you an answer.

Q. Would you look through them to see if they requested

the night shift because they wanted the higher rate?

Mr. Lewis, we are just talking about night shift inspection

jobs in the Class C, Class B, TV and general TV. A. This

is all this is.

Q. Would you like to stipulate—

[8] Mr. Zimmerman: Yes, we will stipulate that

among those women who requested transfers to the

night shift during the period of time that Mr. Lewis

has testified about, that some did so because they

desired to receive a higher rate of pay at night.

Q. Do you know the number who requested night jobs in

those classifications ?

138

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

[10] By Mrs. Cappello (continuing) :

Q. Mr. Lewis, would you continue with your testimony,

please. A. Yes.

I would like to explain the terms which we are going to

use. We use the word “assign” for a person who actually

was given the job that they requested. We will use the

word “out-dated” to indicate that the person either left

their current position and no longer could be considered

for this job, or that the six months that is stated on the ap-

plication expired. * We will use the word “refused” for any

person who was given the opportunity and they turned it

down when we were going to give it to them.

I will take this by years. Women who requested night

work in 1966 were fifteen. Four of them were given the

job, assigned, eleven out-dated. There were two women

in 1966 who requested any shift. When given the oppor-

tunity, they refused. 1967, there were sixty-one women

requested night work; assigned, thirty-four; out-dated,

twenty-two; and refused, five. There were fifty-three

women in 1967 who requested any shift. There were four

assigned, twenty-nine out-dated, and twenty refused. 1968.

to date, there were [11] fifty-two women requested work.

there were thirty-four assigned, ten out-dated. eight re-

fused. There was likewise, twenty-seven women who re-

quested any shift, there were seven assigned, nine out-

dated, and eleven refused.

Q. Mr. Lewis, would a transfer request hecome ont-

dated if, within six months no vacancy had occurred? A.

That is correct.

Mr. LaRuffa: This is with respect to women, the

firures that you have given me?

RR atteal RLF RG Me aes detain ab bnabaNaedin

aay

Th noi dt A beds eieten

Sh iV at nO TEN uh 9S 9

[12]

139

Plaintiff’s Exhibit 93.

Deposition of Earle Lewis—Direct.

The Witness: Every thing is in respect to women.

Mr. LaRuffa: Are there any records similarly

kept for men who have requested to day, do you have

those?

The Witness: Yes, again we will have an arithme-

tic problem, they are on the same sheet.

Mrs. Cappello: Off the record.

(Diseussion off the record. And a five minute

recess was taken.)

Mrs. Cappello: On the record.

The Witness: In 1966, nine men requested work,

nights, and no men requested any shift. All nine were

out-dated. 1967, twenty-three requested night work.

Mr. LaRuffa: You mean requested day work?

The Witness: No, they requested night transfers:

that is what you requested.

Mr. LaRuffa: From night to day.

The Witness: No, we have no records to show

that, as far as I

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Appendix — Corning Glass Works v. Brennan · 417 U.S. 188 | Frix