Gramby v. Westinghouse Electric Corp.

84 F.R.D. 655, 24 Fair Empl. Prac. Cas. (BNA) 86, 29 Fed. R. Serv. 2d 1356, 1979 U.S. Dist. LEXIS 8150
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 6, 1979
DocketCiv. A. No. 78-2316
StatusPublished
Cited by9 cases

This text of 84 F.R.D. 655 (Gramby v. Westinghouse Electric Corp.) 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
Gramby v. Westinghouse Electric Corp., 84 F.R.D. 655, 24 Fair Empl. Prac. Cas. (BNA) 86, 29 Fed. R. Serv. 2d 1356, 1979 U.S. Dist. LEXIS 8150 (E.D. Pa. 1979).

Opinion

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

Plaintiffs commenced this race discrimination action on July 11, 1978, challenging the employment policies and practices of Westinghouse Electric Corporation (hereinafter “Westinghouse”) and Westinghouse Salary Employees Association (hereinafter “WSEA”). Plaintiffs are three black individuals, Jasper Gramby, Mel Raymond and Donald Evans, all of whom were or are employed by defendant Westinghouse and members of defendant-union WSEA. Their complaint asserts claims under: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended; the Civil Rights Acts of 1866 and 1870, 42 U.S.C. § 1981; the Civil Rights Acts of 1861, 42 U.S.C. §§ 1985(3) and 1986; the Labor Management Relations Act of 1947, 29 U.S.C. § 158; the thirteenth amendment to the Constitution of the United States; and Article I, § 17, of the Constitution of the Commonwealth of Pennsylvania. Jurisdiction of this Court is alleged pursuant to 28 U.S.C. §§ 1331, 1343, 2201 and 2202; 42 U.S.C. §§ 1981, 1988 and 2000e; and the Constitution of the United States.

Pursuant to Fed.R.Civ.P. 23(b)(2), plaintiffs now move for certification of a class consisting of: (1) all past and present professional and semi-professional salaried nonexempt black employees of Westinghouse Electric Corporation Steam Turbine Division; and (2) all past, present and future black applicants for professional and semi-professional salaried, non-exempt employment with Westinghouse Electric Corporation, Steam Turbine Division.

For the reasons stated below, we grant plaintiffs’ motion subject to the following limitations: the geographical scope of the class will be restricted to the Westinghouse plant in Lester, Pennsylvania; only salaried, non-exempt black employees and applicants for employment in Unit “C” of WSEA will be included in the class; and the class will be limited by the pertinent statutes of limitations to those persons whose section 1981 claims arose on or after January 20, 1970 and whose Title VII claims arose on or after May 18, 1973.

I. FACTUAL BACKGROUND

Westinghouse is a major industrial corporation engaged in the production of household and commercial goods. Plaintiffs contest the employment practices of the Power Generations Group, a section of the company that manufactures and markets steam turbines used in power generation systems. Prior to August, 1978, the Group was organized as the Westinghouse Steam Turbine Division. In a corporate reshuffling, Westinghouse separated the marketing, operations and technical functions of the Division and designated the new alignment a [657]*657“Group”. This transformation occurred after plaintiffs filed their complaint, but it appears not to have altered any relevant personnel policies and practices.

The Group once was comprised of four production plants, one each in Lester, Pennsylvania, Charlotte, North Carolina, Winston-Salem, North Carolina and Orange, California. As of November 1, 1978, the Orange facility was sold to an unrelated company, so it is no longer owned or controlled by Westinghouse.

The remaining three plants have been beset by litigation. See In re Westinghouse Electric Corporation Employment Discrimination Litigation, 438 F.Supp. 937 (Jud.Pan. Mult.Lit. 1977). A black woman has filed a class action on behalf of all black applicants and employees at the Winston-Salem facility, alleging both racial and sexual discrimination. Warren v. Westinghouse Electric Corp., Civil Action No. C77-57-WS (M.D.N.C.). Similarly, the Equal Employment Opportunity Commission (hereinafter “EEOC”) has filed an action on behalf of employees at the Charlotte and Winston-Salem facilities, charging Westinghouse with racial and religious discrimination Equal Employment Opportunity Commission v. Westinghouse Electric Corp., Civil Action No. C77-174-WS (M.D.N.C.). Class certification has been denied in the EEOC lawsuit, but plaintiff’s request for class action status in Warren has been stayed pending resolution of the individual claims in EEOC.

Finally and most significantly, four black hourly production and maintenance workers at the Lester facility have filed a class action on behalf of all black employees and applicants for employment in the former Steam Turbine Division, alleging a pattern and practice of racial discrimination extending throughout all four plants.1 Webb v. Westinghouse Electric Corp., Civil Action No. 76-172 (E.D.Pa.). Though Judge Huyett granted class certification in that action, he restricted the geographical scope of the class to the Lester facility, and he permitted the plaintiffs to represent only the hourly employees, who were members of United Electrical Workers Local 107. Webb v. Westinghouse Electric Corp., 78 F.R.D. 645 (E.D.Pa.1978). Salaried employees, who are members of defendant-union WSEA, were expressly excluded from the class. Id., at 651-52.

The decision in Webb indirectly spawned this lawsuit, for shortly thereafter the three named plaintiffs — all of whom were black salaried, non-exempt2 employees at the Lester plant — filed the instant complaint. They allege on behalf of the class that Westinghouse discriminated against black persons in the former Steam Turbine Division in recruitment, hiring, training, promotion, salary and all other conditions of employment.

Though the class claims span fifteen categories of allegedly discriminatory acts, the named plaintiffs’ individual grievances primarily concern salary, promotions and access to overtime pay. Plaintiff Gramby began work at Westinghouse in July, 1973 as a File Clerk, Labor Grade 4. In November, 1975, he was promoted to a Computer Operator, Jr. (tape librarian), Labor Grade 8, without any concomitant increase in pay. Mr. Gramby alleges that he complained about this omission to both the management and WSEA, but nothing was done. Several months later, he claims, he discovered that white employees hired subsequently as file clerks were earning a higher salary than he had earned as either a file clerk or a Grade 8 tape librarian. After complaining to management once again, Mr. Gramby received a raise in March, 1976. He alleges that this increment still fell short of his entitlement.

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84 F.R.D. 655, 24 Fair Empl. Prac. Cas. (BNA) 86, 29 Fed. R. Serv. 2d 1356, 1979 U.S. Dist. LEXIS 8150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gramby-v-westinghouse-electric-corp-paed-1979.