Black Grievance Committee v. Philadelphia Electric Co.

79 F.R.D. 98, 18 Fair Empl. Prac. Cas. (BNA) 1013, 1978 U.S. Dist. LEXIS 17215
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 14, 1978
DocketCiv. A. No. 75-3156
StatusPublished
Cited by19 cases

This text of 79 F.R.D. 98 (Black Grievance Committee v. Philadelphia Electric Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black Grievance Committee v. Philadelphia Electric Co., 79 F.R.D. 98, 18 Fair Empl. Prac. Cas. (BNA) 1013, 1978 U.S. Dist. LEXIS 17215 (E.D. Pa. 1978).

Opinion

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Plaintiff Black Grievance Committee (“Committee”) and seven of its members brought this action on behalf of themselves and all others similarly situated to redress the alleged employment discrimination practices of defendant Philadelphia Electric Company (“PECO”). Plaintiffs’ claims, as outlined in their First Amended Complaint,1 are based upon Title VII of the [103]*103Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981 and Executive Order No. 11246 (“E.O. 11246”), as amended, 41 C.F.R. Ch. 60-2(B).2 The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1337, 1343, and 42 U.S.C. § 2000e-5(f). The complaint, brought as a class action on behalf of all past and present black and Spanish-surnamed employees, and past and future potential black and Spanish-surnamed applicants for employment, alleges that PECO has discriminated against black and Spanish-surnamed persons on the basis of race and national origin with respect to recruitment, hiring, job assignments, transfers, promotions, testing, wages, fringe benefits, performance ratings, termination, and other conditions, privileges and policies of employment with PECO, and that such actions and practices deny or reduce the equal opportunities available to black and Spanishsurnamed persons regarding incidents of employment within PECO.

The Committee, an unincorporated organization consisting of approximately 200 black and Spanish-surnamed members, was created in 1968 for the specific purpose of representing its members injured by unlawful employment practices within PECO. The individually named plaintiffs, black citizens from the Philadelphia metropolitan area, are all members of the Committee and are all present or past employees of PECO.3 Defendant PECO, a Pennsylvania corporation, is a public utility which provides electric power and other services in southeastern Pennsylvania and northern Maryland.

Presently before the Court are plaintiffs’ motions for certification of this suit as a class action, pursuant to Fed.R.Civ.P. 23(b)(2), and to amend their First Amended Complaint and their motion for class certification, pursuant to Fed.R.Civ.P. 15 and 23(c)(1), respectively. For the reasons stated below, we will grant in part and deny in part plaintiffs’ motion for class certification and we will certify, pursuant to Fed.R. Civ.P. 23(c)(4)(B), the following subclasses: (A) With respect to claims based upon Title VII, 42 U.S.C. § 2000e et seq., alleging employment discrimination on the basis of race: (1) all present employees of PECO, all former employees who left the employ of PECO on or after March 22, 1975, and all applicants for employment with PECO who applied and were rejected on or after March 22, 1975, and who were neither parties to, nor in privity with parties to, the 1973 consent decree between PECO and the United States Attorney General who allege discrimination on the basis of race. This class shall be represented by plaintiffs Freeland, Hand, Bond and Wright; (2) all present employees of PECO and all former employees who left the employ of PECO on or after March 22, 1975, who were parties to, or in privity with parties to, the 1973 consent decree between PECO and the [104]*104United States Attorney General who: (a) seek enforcement of the 1973 consent decree; and/or, (b) state a cause of action alleging discrimination on the basis of race which was not brought, and could not have been brought, at the time of the filing of the complaint upon which the consent decree was based. This class will be represented by plaintiffs Miles, Murray and Parrish; (B) with respect to claims based upon 42 U.S.C. § 1981, alleging employment discrimination on the basis of race, all present employees of PECO, all former employees who left the employ of PECO on or after November 4, 1973, and all applicants for employment with PECO who applied and were rejected on or after November 4, 1973. This class shall be represented by plaintiffs Freeland, Hand, Bond and Wright. In addition, we will deny plaintiffs’ motions to amend.

I. CLASS ACTION CERTIFICATION

A. Effect of the Consent Decree

The plaintiffs, by their motion for class certification, request this Court to certify a class of all past and present black and Spanish-surnamed employees, and past and future potential black and Spanish-surnamed applicants for employment. PECO has filed a motion in opposition to plaintiffs’ request for class certification which argues that class certification in this case is barred by the doctrines of res judicata and collateral estoppel because the claims of the class are identical to the claims raised in a “pattern or practice” suit which was initiated by the Attorney General of the United States (“Attorney General”) against PECO on July 26, 1972,4 and which resulted in a comprehensive consent decree in 1973 (“consent decree”). In response, plaintiffs argue that a consent decree entered into by the Attorney General and PECO does not bar a subsequent suit brought on behalf of private litigants, that substantial portions of the consent decree are inadequate and that they are not barred from seeking relief in addition to that provided in the consent decree.5 We hold that those plaintiffs who were neither parties to, nor in privity with parties to, the consent decree are not barred from requesting all relief, on behalf of themselves and all others similarly situated, to which they are entitled under the claims alleged in their complaint. We hold, further, that those plaintiffs who were parties to, or in privity with parties to, the consent decree may seek to enforce, on behalf of themselves and all others similarly situated, the terms of the consent decree and, in addition, may seek relief, on behalf of themselves and all others similarly situated, based upon causes of action which were not brought, and could not have been brought, at the time the Attorney General’s complaint was filed but which are alleged in the present complaint.

The doctrine of res judicata precludes relitigation of the same cause of action between the same parties, or those in privity with the same parties, to an action where a final, valid judgment has been rendered on the merits. Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573

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Cite This Page — Counsel Stack

Bluebook (online)
79 F.R.D. 98, 18 Fair Empl. Prac. Cas. (BNA) 1013, 1978 U.S. Dist. LEXIS 17215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-grievance-committee-v-philadelphia-electric-co-paed-1978.