Freeman v. Motor Convoy, Inc.

68 F.R.D. 196, 21 Fed. R. Serv. 2d 13, 1974 U.S. Dist. LEXIS 5920, 8 Empl. Prac. Dec. (CCH) 9798, 11 Fair Empl. Prac. Cas. (BNA) 421
CourtDistrict Court, N.D. Georgia
DecidedNovember 6, 1974
DocketCiv. A. No. 16185
StatusPublished
Cited by12 cases

This text of 68 F.R.D. 196 (Freeman v. Motor Convoy, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman v. Motor Convoy, Inc., 68 F.R.D. 196, 21 Fed. R. Serv. 2d 13, 1974 U.S. Dist. LEXIS 5920, 8 Empl. Prac. Dec. (CCH) 9798, 11 Fair Empl. Prac. Cas. (BNA) 421 (N.D. Ga. 1974).

Opinion

ORDER

RICHARD C. FREEMAN, District Judge.

This is an action brought pursuant to Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. (hereinafter Title VII), and 42 U.S.C. § 1981 to recover for alleged racial discrimination in employment. Plaintiffs seek declaratory and injunctive relief as well as money damages in the form of an award of back pay. A pretrial conference was held and a pretrial order entered on August 12, 1974. At that time plaintiffs expressed their desire to obtain an order certifying this action as a class action and defining the appropriate class or classes prior to trial. This issue is presently before the court.

In the pretrial order, plaintiffs submitted a tentative definition of a class composed of two subclasses represented by plaintiff Freeman and intervenor Spencer. The first tentative class was described as all black employees of the shop at the Atlanta facility of Motor Convoy, Inc. The class represented by intervenor was described as all black employees of defendant within the jurisdiction of the Southern Conference of Teamsters who have been excluded from employment as “over-the-road” truck drivers. As such, plaintiffs were in effect seeking to bring this action within the holding of Sagers v. Yellow Freight System, Inc., 58 F.R.D. 54 (N.D.Ga. 1972), with respect to certification of the class. If the class were defined in this manner, this court would not be reluctant to grant plaintiffs’ request for certification; however, the class defined in plaintiffs’ motion for a class action order is somewhat broader. Plaintiffs now seek to represent “all past and present black employees of Motor Convoy, Inc. within the area of the Southern Conference of Teamsters; all black persons in that area who have unsuccessfully applied for employment with Motor Convoy since July 2, 1965, and all black persons who will apply for work or be employed by Ryder [sic.] in that area in the future.” In addition, plaintiffs seek an order directing defendants to mail and post notice of this action to all members of the proposed class. Although most of plaintiffs’ contentions with respect to the class action aspects of this case are not contested by defendants, in light of the recent developments in this area of the law, a final ruling on this issue is inappropriate. As a result, a general class will be defined at this time, subject to amendment or division into subclasses as the need for such action becomes apparent.

Before considering the merits of this issue, it should be noted that questions concerning the sufficiency of a class action under Rule 23, Fed.R.Civ.P., are subject to a three-step inquiry. First, the court must determine whether the prerequisites to bringing the class action set forth in Rule 23(a) have been fulfilled. Secondly, the court must determine the nature of the particular action under Rule 23(b) in order to conclude the last step in the inquiry, a determination of the appropriate class and the means of adequately protecting the interests of that class by sufficient notice. In this case, it is appropriate to discuss these steps in two contexts: (1) Defining the class and (2) the requirement for notice.

[199]*199DEFINING THE CLASS

In this action, plaintiffs raise an “across-the-board” claim of continuing discriminatory treatment by defendants, in that blacks are restricted to lower paying, less desirable jobs, lower pay rates and job titles, and otherwise denied advancement because of a discriminatory seniority system perpetuated by “no-transfer” rules incorporated into defendants’ collective bargaining agreement. More specifically, plaintiff Freeman contends .that' he was denied full pay as a mechanic while performing mechanic’s work, from July 2, 1965, until finally classified as a mechanic on January 10, 1970; that since that date he has not been granted equal treatment in terms of the perquisites of his job; and that he has been prevented from obtaining a position as over-the-road driver. In addition, plaintiff complains of an allegedly retaliatory discharge as a result of his efforts to obtain equal employment opportunity by pursuing his remedies under Title VII. Plaintiff alleges that he properly raised these contentions in three complaints filed before the EEOC; however, these complaints have not yet been made part of the record. Intervenor Spencer alleges that he was repeatedly laid off or “bumped” by white employees with less company seniority, but holding job seniority in higher paying all-white job classifications. Intervenor contends that he lost significant amounts of back pay and seniority because of the layoffs and because of defendants’ refusal to recall him into all-white job classifications, including the position of over-the-road driver.

In support of their motion for a class action order, plaintiffs first argue that they have fulfilled all the prerequisites of Rule 23(a): (1) that the class they seek to represent, all employees of Motor Convoy, Inc. within the Southern Conference of Teamsters, is so numerous that joinder of all members is impracticable; (2) that the questions of law and fact relating to defendants’ alleged discriminatory practices are common to the class; (3) that since they were placed only in the lower paying jobs traditionally available to blacks and locked into those jobs by defendants’ practices, their claims are typical of the claims of the class; and (4) that their attorneys are well experienced and highly competent in the field of employment discrimination, that the suit is not collusive, and that plaintiffs’ interests are not antagonistic to those of the class. Although defendants do not contest plaintiffs’ specific contentions regarding compliance with Rule 23(a), defendants do object to defining the class to include all past and future applicants for employment with Motor Convoy, Inc. Defendants contend that plaintiff and intervenor do not have standing to assert claims in behalf of job applicants since “[n] either plaintiff nor intervenor is aggrieved as an applicant for employment.” Furthermore, defendants rely on Oatis v. Crown Zellerbach Corp., 398 F.2d 496 (5th Cir. 1968), in support of the proposition that a claim against defendant Motor Convoy, Inc. for discrimination with respect to applicants for employment must first be presented to the EEOC before the named parties may raise that claim in a Title VII suit.

The conditions precedent to bringing a class action under Title VII have been continually relaxed and liberalized since the date of the Oatis case, in order to effectuate to the fullest extent the remedial purposes of the Act. However, this court is not aware of any cases permitting a plaintiff, who is an employee, to assert claims of unknown persons who are not, and have never been employees, when those claims have not yet been presented to the EEOC.1 Notwithstanding the limitation provided by § 706(a) [200]*200of Title VII and the Oatis case, if the class were defined that broadly, this court would have substantial questions regarding protection of the interests of the unnamed members of the class. See generally Johnson v. Georgia Highway Express, Inc., 417 F.2d 1122, 1125-1127 (5th Cir.

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68 F.R.D. 196, 21 Fed. R. Serv. 2d 13, 1974 U.S. Dist. LEXIS 5920, 8 Empl. Prac. Dec. (CCH) 9798, 11 Fair Empl. Prac. Cas. (BNA) 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-motor-convoy-inc-gand-1974.