33 Fair empl.prac.cas. 1105, 33 Empl. Prac. Dec. P 34,049 William C. Turner, Mae Chenier v. Verne Orr, Etc.

722 F.2d 661, 38 Fed. R. Serv. 2d 548, 1984 U.S. App. LEXIS 26763, 33 Empl. Prac. Dec. (CCH) 34,049, 33 Fair Empl. Prac. Cas. (BNA) 1105
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 3, 1984
Docket82-6075
StatusPublished
Cited by9 cases

This text of 722 F.2d 661 (33 Fair empl.prac.cas. 1105, 33 Empl. Prac. Dec. P 34,049 William C. Turner, Mae Chenier v. Verne Orr, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
33 Fair empl.prac.cas. 1105, 33 Empl. Prac. Dec. P 34,049 William C. Turner, Mae Chenier v. Verne Orr, Etc., 722 F.2d 661, 38 Fed. R. Serv. 2d 548, 1984 U.S. App. LEXIS 26763, 33 Empl. Prac. Dec. (CCH) 34,049, 33 Fair Empl. Prac. Cas. (BNA) 1105 (11th Cir. 1984).

Opinions

TUTTLE, Senior Circuit Judge:

The sole issue in this appeal is whether a “special master” appointed pursuant to a consent judgment between the parties to a Title VII discrimination case was in essence an arbitrator whose decisions were intended to be final and to bind the parties, or was a special master under the terms of Fed.R. Civ.P. 53, which provides for review by the district judge of the special master’s decisions. For the reasons set forth below we hold that the “special master” provided for in the consent judgment is indeed a Rule 53 special master. Therefore we reverse the district court’s finding to the contrary.

BACKGROUND

This action began on November 10, 1976, when the plaintiffs filed a class action complaint in the United States District Court for the Northern District of Florida alleging a pattern and practice of racial discrimination at Eglin Air Force Base, Florida. After a lengthy period of discovery and extensive negotiations, the parties entered a consent judgment to resolve the complaint of discrimination.

The consent judgment provides, among other things, for injunctive relief, the establishment of goals, the mandatory hiring of 100 class members, the promotion of 25 class members, and a $2,000,000 fund for the liquidation of damage claims of class members. Additionally, the parties provided that the plaintiffs, the Fort Walton Beach branch of the NAACP and the Progressive Community Improvement Organization, as class representatives, would establish a Plaintiffs’ Monitoring Committee (PMC) to carry out a number of duties under the consent judgment, including making the initial determination of which individuals were members of the class and therefore entitled to the benefits of the settlement. The PMC was authorized to be represented by counsel of its choice in carrying out the judgment.

The consent judgment also provides for the appointment of a “special master” to resolve disputes that might arise under the terms of the judgment. The master’s [663]*663duties and responsibilities are specifically described in the agreement. The parties were required to attempt to agree upon a particular special master, or absent such agreement, to have the district court appoint a master. Because no agreement was reached, the district court entered an order appointing a special master.

Under Section 7 of the consent judgment, entitled “Class Member Compensation,” pertaining to distribution of the $2,000,000 damage fund, the PMC was required to make an initial determination that a person seeking a damage award was eligible to receive an award under the terms of the judgment. Following the determination of eligibility, the PMC was then required to apportion among the eligible class members damage awards according to a formula contained in the consent judgment. Once that was accomplished, the list of eligible class members and their proposed damage awards was to be forwarded to the special master for his approval. Class members were to be notified of the PMC’s initial determination and they were allowed to object to these determinations of the PMC. The PMC in effect made two determinations, one that established which class members would be entitled to any relief under the consent judgment, and the second which established the amount of damages each of the eligible class members would receive. Because of this bifurcated decision-making process, the consent judgment provided that there would be two opportunities for class members to object to the initial PMC determinations.

The first opportunity involved only those persons whom the PMC determined were ineligible for any damage award. Notices were sent to these persons by the PMC giving them an opportunity to object to their exclusion from sharing in the damage award. A number of persons objected and the special master conducted hearings on those objections. After the special master filed his rulings some of the disappointed class member claimants objected to his findings and attempted to appeal to the district court.

Counsel for the PMC filed a response to the objections to the special master’s report alleging that the defendants and plaintiffs, parties to the consent judgment, intended the special master to act as an arbitrator, whose actions would be final, not as a special master pursuant to Fed.R.Civ.P. 53. They asserted that the district court had no jurisdiction to entertain the objections to the special master’s report.1 The Air Force and the individual government defendants, however, although not taking a position on the merits of the objectors’/appellants’2 claims, responded to the PMC’s brief by supporting the objectors’/appellants’ position that the district court did have jurisdiction and was required to hear the objections to the special master’s rulings pursuant to Rule 53.

The district court held a hearing on September 9, 1982 and on September 13, 1982 issued an order dismissing all of the appellants’ objections to the district court for lack of jurisdiction. This decision that the rulings of the special master are final and unreviewable in the district court is the subject of this appeal.

II. DISCUSSION

The district court appears to have based its finding that the special master provided for in the consent judgment was intended to be the equivalent of an arbitrator largely on the testimony of a lawyer for the original plaintiffs. The lawyer was present when the judgment was negotiated and he testified that the parties had discussed Rule 53, but had explicitly decided not to make their special master one ap[664]*664pointed under Rule 53. We hold that the district court’s finding was clearly erroneous for the following reasons.

First, the district court erred in going outside the four corners of the consent judgment to find that what the judgment labelled a “special master” was instead an “arbitrator.” The consent judgment uses the term “special mastér” repeatedly, and never uses the term “arbitrator.” The term “special master” is fairly technical, and appears specifically in Rule 53. Therefore, it is logical to assume that, absent an explicit indication to the contrary, when the parties provided for a “special master” they intended a Rule 53 special master. This is so particularly because it is common practice for a court, in cases in which liability is found involving classwide discrimination, to appoint a special master pursuant to Rule 53 to aid the court in fashioning both individual and classwide relief. See, e.g., Kyriazi v. Western Electric Co., 527 F.Supp. 18 (D.N.J.1981); United States v. City of Parma, 504 F.Supp. 913 (N.D.Ohio 1980); Hart v. Community School Bd. of Brooklyn, 383 F.Supp. 699 (E.D.N.Y.1974). Moreover, there is nothing in the consent judgment that suggests the special master is an arbitrator, or that his duties are to vary from those of a normal Rule 53 special master. The PMC makes several unpersuasive arguments to the contrary.

First, the PMC directs our attention to two paragraphs of the consent judgment in which the parties explicitly spelled out certain rights of appeal for decisions of the special master.3

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722 F.2d 661, 38 Fed. R. Serv. 2d 548, 1984 U.S. App. LEXIS 26763, 33 Empl. Prac. Dec. (CCH) 34,049, 33 Fair Empl. Prac. Cas. (BNA) 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/33-fair-emplpraccas-1105-33-empl-prac-dec-p-34049-william-c-ca11-1984.