Karan v. Nabisco, Inc.

78 F.R.D. 388, 17 Fair Empl. Prac. Cas. (BNA) 507, 25 Fed. R. Serv. 2d 78, 1978 U.S. Dist. LEXIS 18851, 17 Empl. Prac. Dec. (CCH) 8552
CourtDistrict Court, W.D. Pennsylvania
DecidedMarch 23, 1978
DocketCiv. A. No. 75-1356
StatusPublished
Cited by28 cases

This text of 78 F.R.D. 388 (Karan v. Nabisco, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Karan v. Nabisco, Inc., 78 F.R.D. 388, 17 Fair Empl. Prac. Cas. (BNA) 507, 25 Fed. R. Serv. 2d 78, 1978 U.S. Dist. LEXIS 18851, 17 Empl. Prac. Dec. (CCH) 8552 (W.D. Pa. 1978).

Opinion

OPINION

SNYDER, District Judge.

I. INTRODUCTION

Betty J. Karan and Marjorie A. Mitchell, employees of Nabisco, Inc. at its Pittsburgh Bakery, have brought suit against Nabisco alleging sex discrimination in employment in violation of Title VII, 42 U.S.C. § 2000e et seq., and the Pennsylvania Human Relations Act, 43 P.S. §§ 951-63. They have moved the Court, in accordance with Federal Rule of Civil Procedure 23(c)(1), to determine that they may maintain the suit as a Rule 23(b)(2) class action, representing all female employees and job applicants at all of Nabisco’s over 300 facilities.1 Plaintiffs conducted discovery on the class question, and on June 12, 1977, this Court set a briefing schedule and directed Plaintiffs to file a statement with appropriate affidavits defining the class they seek to represent. During the briefing period, the Equal Employment Opportunity Commission (EEOC) was granted leave to intervene.2 The case [395]*395is now in a proper posture for class determination.

Betty Karan is a non-supervisory employee at Nabisco’s Pittsburgh Bakery and a member of the local bargaining unit, the American Bakery and Confectionary Workers, Local 12-A. On November 17, 1973, she filed charges with the EEOC, complaining that Nabisco discriminated against females in layoffs, seniority, wages, job classifications, promotion, job transfer, overtime opportunity, shift selection, job bidding, grooming policies, maternity leave and benefits, and that women who were placed in male jobs were harassed.

Marjorie Mitchell was a non-union supervisory employee at the Pittsburgh Bakery. She filed charges against Nabisco with the EEOC on February 11, 1974, alleging Nabisco discriminated against female supervisors in hiring practices, advancement to foreman positions, management training, wages and benefits.

Both women received right to sue notices from the EEOC and timely filed suit in this Court. In their Amended Complaint they allege that “[sjince July 2, 1965, and for years prior thereto, Nabisco has enacted and effected employment policies and procedures of discrimination against females.” (Amended Complaint ¶ 8). They sought to maintain the action individually and on behalf of “all present and future female employees and job applicants of Nabisco and all females who were employed by, or who applied for employment with, [Nabisco] at any time on or after July 2, 1965” (Amended Complaint ¶ 9), with whom they raise common questions of law and fact concerning sex discrimination in hiring and job placement, job classification, employee recruitment, promotion, compensation, benefits, seniority, layoff and recall, and terms and conditions of employment. (Amended Complaint ¶ 12). They allege that Nabisco acted or refused to act on grounds generally applicable to the class, thus making the action appropriate under Rule 23(b)(2), and they ask the Court to require Nabisco to effect non-discriminatory policies, to enjoin future illegal acts and the entering into any discriminatory collective bargaining agreements, to require Nabisco to pay back pay, reasonable attorney’s fees and costs of suit. (Amended Complaint ¶ 14).

In their class certification statement, Plaintiffs narrowed the class they seek to represent to

all present and future female employees and job applicants at [Nabisco’s] bakeries and all females who applied for employment at [Nabisco’s] bakeries at any time on or after January 21, 1973. (parts in emphasis indicate limitations on the previously asserted class)3

Nabisco strongly urges that even this narrowed class is grossly overbroad and unmanageable. It contends that if any class is appropriate at all, jurisdictional and Rule 23 considerations limit the class to the Pittsburgh Bakery employees.

II. CLASS DETERMINATION PROCEDURE

Class action determination must be approached very carefully for, although it is neither dependent on nor determinative of the merits of the named plaintiffs’ claim, such a determination is extremely important. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974); Harriss v. Pan American World Airways, Inc., 74 F.R.D. 24, 37 (N.D.Cal.1977). Rule 23 was designed to provide flexibility for early and effective management (Eisen v. Carlisle & Jacquelin, supra, 417 U.S. at 184, 94 S.Ct. at 2155) and provides “[a]s soon as practicable after commencement of an action”, the Court must determine [396]*396whether the action may be maintained on behalf of a class, and the scope of that class.4 Fed.R.Civ.P. 23(c)(1) & (3).

Certainly, class determination is preferable before substantial discovery on the merits has been conducted.5 Where the plaintiffs seek to represent a large national class on a broad spectrum of employment conditions, discovery can require immense commitments of time, money and resources and involve innumerable documents and records. Neither party would benefit from such extensive expenditures when it could have been determined in the early stages that a class action was not appropriate or that the class must be more limited in scope than originally alleged by the plaintiffs.

In making the class determination, however, the Court must bear in mind that even though some discovery may have been permitted on the question of class representation, and the burden rests with the plaintiffs to establish that the Rule 23 prerequisites are satisfied, Senter v. General Motors Corp., 532 F.2d 511, 520 (6th Cir. 1976), cert, den., 429 U.S. 870, 97 S.Ct. 182, 50 L.Ed.2d 150; Jones v. Diamond, 519 F.2d 1090, 1099 (5th Cir. 1975); Redhouse v. Quality Ford Sales, Inc., 511 F.2d 230, 235 (10th Cir. 1975); Davis v. Romney, 490 F.2d 1361 (3rd Cir. 1974), the record in the early stages is incomplete, and the Court may be limited to some extent by principles of due process in redefining the class in later

stages.6 Harriss v. Pan American World Airways, Inc., supra, 74 F.R.D. at 36 & 37, and cases cited therein. Furthermore, courts have generally recognized that the inherently class-based and equitable nature of Title VII discrimination claims makes them particularly suitable to Rule 23(b)(2) class actions. East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 405, 97 S.Ct. 1891, 1898, 52 L.Ed.2d 453, 52 L.Ed.2d 453, 463 (1977); Gay v. Waiters’ and Dairy Lunchmen’s Union, 549 F.2d 1330, 1334 (9th Cir. 1977); Crockett v. Green, 534 F.2d 715, 718 (7th Cir. 1976); Wetzel v. Liberty Mutual Insurance Co., 508 F.2d 239, 250 (3rd Cir.), cert, den., 421 U.S. 1011, 95 S.Ct. 2415, 44 L.Ed.2d 679 (1975).

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78 F.R.D. 388, 17 Fair Empl. Prac. Cas. (BNA) 507, 25 Fed. R. Serv. 2d 78, 1978 U.S. Dist. LEXIS 18851, 17 Empl. Prac. Dec. (CCH) 8552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karan-v-nabisco-inc-pawd-1978.