Ingram v. Madison Square Garden Center, Inc.

709 F.2d 807, 32 Fair Empl. Prac. Cas. (BNA) 641, 1983 U.S. App. LEXIS 26783, 32 Empl. Prac. Dec. (CCH) 33,710
CourtCourt of Appeals for the Second Circuit
DecidedJune 13, 1983
DocketNo. 308, Docket 82-7384
StatusPublished
Cited by25 cases

This text of 709 F.2d 807 (Ingram v. Madison Square Garden Center, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ingram v. Madison Square Garden Center, Inc., 709 F.2d 807, 32 Fair Empl. Prac. Cas. (BNA) 641, 1983 U.S. App. LEXIS 26783, 32 Empl. Prac. Dec. (CCH) 33,710 (2d Cir. 1983).

Opinion

VAN GRAAFEILAND, Circuit Judge:

Local 3 of the International Brotherhood of Electric Workers appeals from a judgment of the United States District Court for the Southern District of New York (Sand, J.) which awarded plaintiffs in a class employment discrimination suit retroactive seniority rights with back pay, front pay, and attorneys’ fees, the total monetary award, with interest, being substantially in excess of $1 million. Four opinions written by the district court are reported at 482 F.Supp. 414, 482 F.Supp. 426, 482 F.Supp. 918; and 535 F.Supp. 1082. Although we find the evidence of discrimination somewhat less persuasive than did the district court, we are not prepared to hold that the district court’s findings on this issue were clearly erroneous. See Pullman-Standard v. Swint, 456 U.S. 273, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982). Accordingly, we affirm [809]*809the district court’s adjudication of liability. However, for reasons hereafter discussed, we find it necessary to modify the relief which the court below granted.

Since 1965, Local 3 of the International Brotherhood, which has more than 4,300 black and Hispanic members, has represented the “maintenance group of utility men” (hereafter “laborers”) at Madison Square Garden. These laborers prepare the Garden for its various featured events. The several contracts between the Union and the Garden placed no restrictions on the employer’s method of hiring, merely requiring that all laborers become members of the Union within 31 days of their employment. However, in practice, the hirelings, of which there was an average of about 5 per year, were referred to the Garden by the Union representative for the Garden laborers. About 1 in 6 of the hirelings was either black or Hispanic.

Until 1969, the Garden also employed other groups of people as cleaners or porters, bowling alley and lavatory attendants, and elevator operators. In 1969, the Garden subcontracted its cleaning work to Allied Maintenance Corporation, retaining only the elevator operators as its own employees. All of the cleaners are represented by Local 54 of Service Employees International Union, and most of them are either black or Hispanic.

On August 13, 1973, appellees Ingram, Britt, Moody, and Floyd, all of whom were porters working at the Garden, filed charges against the Garden and Allied with the Equal Employment Opportunity Commission, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that these employers had discriminated against them and other black porters by paying them less than the white laborers for doing similar work and by maintaining segregated job classifications. The EEOC concluded that the Garden and Allied were violating Title VII, and, on October 4,1976, following unsuccessful conciliation efforts, issued right-to-sue letters to the four complainants. On December 30, 1976, the porters filed a proposed class action suit against the Garden and Allied, alleging violations of 42 U.S.C. §§ 1981 and 1985 as well as Title VII. On June 22,1977, Local 3 was added to the litigation by means of an amended complaint, which charged that the Union was discouraging competent minority cleaners from seeking and obtaining jobs as laborers and was conspiring with the Garden and Allied towards this end by advising cleaners that the Garden was solely responsible for hiring, that no jobs were available, and that cleaners must do apprenticeships before becoming members of Local 3.

On November 24, 1975, appellees Anderson and Perry, black porters who worked at the Garden, also filed discrimination charges with the EEOC, their charges being directed against the Garden, Allied, and Local 3. On January 16, 1978, a right-to-sue letter issued, and on March 31, 1978, a proposed class action complaint on behalf of the Anderson group was filed.

The district court certified a Title VII class and a §§ 1981 and 1985 class in both actions. In the Ingram action, the Title VII class, whose claims, of necessity, were limited to the Garden and Allied, consisted of all blacks who, after February 14, 1973, had been or would be employed as cleaners at the Garden. The §§ 1981 and 1985 class consisted of all blacks and Hispanics who, after December 30,1973, had been or would be employed as cleaners at the Garden. Certification of both classes in Ingram was conditioned on the intervention of lavatory and bowling alley attendants and elevator operators as named plaintiffs. Thereafter, Williams, a black lavatory attendant, Milon, a black bowling alley attendant, Mitchell, a black elevator operator, Bruton, a retired black cleaner, and Garcia, an Hispanic cleaner, intervened. The Anderson classes were defined in the same manner as those of Ingram, except that the Title VII Anderson class limitation was May 28, 1975, and the §§ 1981 and 1985 Anderson class limitation was March 31, 1975, and both classes claimed against the Garden, Allied, and Local 3.

[810]*810On July 13, 1978, the Ingram and Anderson actions were consolidated. On July 16, 1979, the district court denied the Union’s motion to decertify the classes. Subsequently, the plaintiffs entered into a proposed consent decree with the Garden and Allied, in which the defendants agreed, among other things, to pay $117,500 in settlement of plaintiffs’ monetary claims plus $47,500 in attorneys’ fees. On October 23, 1979, the settlement was approved by the district court, subject only to the submission of an affidavit in support of counsel fees. See 482 F.Supp. at 426. In the meantime, the case had proceeded to trial against Local 3, the issue being limited to that of liability.

On October 3, 1979, in an opinion reported at 482 F.Supp. 414, the district court dismissed plaintiffs’ § 1985 claims, relying on Great American Federal Savings & Loan Assoc. v. Novotny, 442 U.S. 366, 99 S.Ct. 2345, 60 L.Ed.2d 957 (1979), but held the Union liable under both Title VII and § 1981.

Liability

Evidence introduced at trial showed that the percentage of male, non-farm black and Hispanic workers in the Standard Consolidated Area, which includes New York City, Newark, Jersey City, Patterson-Clifton-Pas-saic, and Middlesex and Somerset Counties in New Jersey, was 25.6%, and, in the Standard Metropolitan Statistical Area, which includes the 5 counties of New York City, Rockland and Westchester Counties in New York, and Bergen County in New Jersey, was 27.4%. It appears from the provisions of the consent decree that both the district court and plaintiffs’ attorneys accepted 27% as an appropriate figure. Other evidence before the district court showed that, between 1965 and 1977, Local 3 referred 66 laborers to the Garden and that 10, or 15%, of these were either black or Hispanic. Referrals by the Union of only 7 additional blacks or Hispanics would have raised its minority referral percentage to approximately 26%. Between 1972 and 1975, the number of laborers employed at the Garden varied between 59 and 71.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carlos Bell v. Civil Service Commission
Michigan Court of Appeals, 2020
Easterling v. Connecticut Department of Correction
278 F.R.D. 41 (D. Connecticut, 2011)
United States v. City of New York
276 F.R.D. 22 (E.D. New York, 2011)
Albright v. City of New Orleans
208 F. Supp. 2d 634 (E.D. Louisiana, 2002)
United States v. City of Miami
195 F.3d 1292 (Eleventh Circuit, 1999)
Lawrence Aviation Industries, Inc. v. Reich
28 F. Supp. 2d 728 (E.D. New York, 1998)
United States v. City of Warren
138 F.3d 1083 (Sixth Circuit, 1998)
Sands v. Runyon
28 F.3d 1323 (Second Circuit, 1994)
Sorlucco v. New York City Police Department
780 F. Supp. 202 (S.D. New York, 1992)
Nurse v. City of New York
735 F. Supp. 69 (S.D. New York, 1990)
Tuckett v. Police Dept. of City of New York
708 F. Supp. 77 (S.D. New York, 1989)
Rios v. Enterprise Ass'n Steamfitters Local Union 638
860 F.2d 1168 (Second Circuit, 1988)
Mauro v. Board of Higher Education
658 F. Supp. 322 (S.D. New York, 1986)
Bushey v. New York State Civil Service Commission
571 F. Supp. 1562 (N.D. New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
709 F.2d 807, 32 Fair Empl. Prac. Cas. (BNA) 641, 1983 U.S. App. LEXIS 26783, 32 Empl. Prac. Dec. (CCH) 33,710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingram-v-madison-square-garden-center-inc-ca2-1983.