Harris v. Marsh

100 F.R.D. 315, 1983 U.S. Dist. LEXIS 14239, 32 Empl. Prac. Dec. (CCH) 33,908, 45 Fair Empl. Prac. Cas. (BNA) 1037
CourtDistrict Court, E.D. South Carolina
DecidedAugust 30, 1983
DocketCiv. A. Nos. 81-60-CIV-3, 80-168-CIV-3
StatusPublished
Cited by7 cases

This text of 100 F.R.D. 315 (Harris v. Marsh) is published on Counsel Stack Legal Research, covering District Court, E.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Marsh, 100 F.R.D. 315, 1983 U.S. Dist. LEXIS 14239, 32 Empl. Prac. Dec. (CCH) 33,908, 45 Fair Empl. Prac. Cas. (BNA) 1037 (southcarolinaed 1983).

Opinion

MEMORANDUM OF DECISION

JAMES C. FOX, District Judge.

Plaintiffs, four black civilian employees and one black former employee of the Unit[317]*317ed States Army at Fort Bragg, North Carolina, initiated this action pursuant to the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16 et seq. The case is before the court on plaintiffs’ motion for class certification pursuant to Fed.R.Civ.P. 23.

I. PROCEDURAL BACKGROUND

The complaint alleges that defendants engage in racially discriminatory employment practices in the following areas: (1) promotions; (2) pay for similar or the same work by comparably qualified black and white employees; (3) merit pay increases; (4) assignment of black employees to lower level positions and underrepresentation of black employees at higher general schedule or “white collar” and supervisory positions; (5) job performance evaluations; (6) rate of conversion of black employees from temporary to permanent positions; (7) discipline; (8) use of subjective employee selection criteria which adversely affects black employees’ efforts at promotion or transfer; (9) reductions-in-force (RIF); and (10) retaliation for exercising rights under Title VII. The complaint seeks, inter alia, back pay, injunctive and declaratory relief, and a determination that the case proceed as a class action. Plaintiffs have requested a class defined as:

All present and former black civilian employees of the United States Army at Fort Bragg, North Carolina, who, at any time since April 14, 1976 (1) have been denied promotions, details, awards, or training; (2) have been discriminated against by defendant’s reduction-in-force practices; and (3) have been subjected to discriminatory disciplinary, appraisal, or evaluation practices by defendant because of their race or color; or (4) have suffered reprisals because of their efforts to exercise their rights under Title VII of the Civil Rights Act of 1964.

By order filed March 31, 1982, the court consolidated this action and Loftin v. Marsh, No. 80-168-CIV-3, for discovery and trial. Plaintiff Loftin filed an individual claim; his motion for intervention in the Harris case has been denied. Extensive discovery has been conducted on both the individual and class claims. Trial was originally scheduled for May 9,1983. On February 22, 1983, defendant requested a determination that the case not proceed as a class action. The court denied the motion, but directed plaintiffs to move for class certification by April 18, 1983, and continued the trial date to August 1,1983. Plaintiffs properly filed their motion, supported by a memorandum of law and exhibits, and defendant responded. A hearing was conducted on May 17, 1983, at which plaintiff presented further evidence. Each party has submitted at least one supplemental pleading. By order dated June 30, 1983, the court denied plaintiffs’ motion. This memorandum of decision is intended to set out the court’s fact findings and conclusions of law on this decision.

Several items must be discussed before the court can reach the merits of the motion. First, there is the question of which of the ten areas set out in the complaint are actually in issue. The court views the action primarily as a promotion case, and as an attack upon defendants’ Merit Promotion Plan. To the extent that plan includes consideration of performance appraisals, awards, details, and the excessive use of subjective discretion, those issues may also be present in the case. As separate, but related issues, there are allegations concerning discipline, retaliation, and RIF’s. Finally, there is the broad issue of “underrepresentation” which is, in fact, not really a separate issue but is rather alleged to be the result of the unfair practices challenged. These are, in the court’s view, the bare issues presented.

Engrafted upon this statement of issues, however, are the claims of the individual plaintiffs. Whether each, or any, of the issues identified is reflected in the claim of a plaintiff is a matter of substantial importance for, to the extent that an issue is not so reflected, the plaintiff is not an appropriate class representative. Additionally, while the issue may be reflected in a statement of claim, the presentation of the claim by that plaintiff may be untimely.

[318]*318Therefore, the court must consider two areas: First, with regard to the issues presented, the court must briefly discuss the procedures at Fort Bragg which give rise to these issues. While recognizing that the litigants differ over how these procedures are applied, the court has attempted simply to state how the procedures work, or are supposed to work. Second, the court must examine the claims of the named plaintiffs, not only to identify the claims raised but also to determine which, if any, of those claims were timely filed.

II. FORT BRAGG PERSONNEL POLICIES

. Fort Bragg and neighboring Pope Air Force Base comprise one of the world’s largest military installations. Indeed, Fort Bragg’s population of 157,000 ranks it as the fifth largest “city” in North Carolina. As might be expected, an installation of this size requires significant “support” services, many of which are provided by the resident civilians in the area. Civilian positions are divided into two categories with differing pay scales: WG, generally lower paying “blue collar” jobs, and GS, higher paying “white collar” jobs. The number of civilian employees is established by the Department of Defense and has fluctuated considerably since the Vietnam War. The civilian work force has been most significantly affected by reductions-in-force (RIF’s) and hiring freezes, several of which have occurred since 1976.

The plaintiffs challenge primarily five aspects of the Fort Bragg personnel process: promotions, training, discipline, awards and RIF.

A. Promotions

■Promotions at Bragg are generally awarded in accordance with the base Merit Promotion plan, although there are instances in which promotions are awarded by other methods, such as priority consideration. The job which is to be filled must first be adequately described. A “position classifier” consults with management and compiles a description of the position and assigns it an “occupational title” and series, as well as a pay grade. The opening is posted by a “Merit Promotion Vacancy Announcement,” which designates the sources of candidates (e.g., post-wide, DOD-wide, etc.) and contains a description of “highly qualifying criteria” for the position, which qualifying criteria are compiled by the position supervisor in consultation with the Civilian Personnel Office (CPO). The vacancy announcement also contains “minimum qualification requirements,” which are compiled with reference to Office of Personnel Management handbooks X-118 and X-118C, and which are used by CPO to determine basic eligibility for the position.

After an application is received by CPO and screened for “minimum qualifications,” CPO was, under procedures applied prior to June, 1982, required to identify “highly qualified” candidates for the position. This process required CPO to compare eligible candidates with the “highly qualifying criteria” contained in the vacancy announcement.

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Related

Alberto v. GMRI, Inc.
252 F.R.D. 652 (E.D. California, 2008)
Harris v. Marsh
679 F. Supp. 1204 (E.D. North Carolina, 1987)
Rosenberg v. University of Cincinnati
654 F. Supp. 774 (S.D. Ohio, 1986)

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100 F.R.D. 315, 1983 U.S. Dist. LEXIS 14239, 32 Empl. Prac. Dec. (CCH) 33,908, 45 Fair Empl. Prac. Cas. (BNA) 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-marsh-southcarolinaed-1983.