Taylor v. Mueller Co.

660 F.2d 1116, 26 Fair Empl. Prac. Cas. (BNA) 1695, 1981 U.S. App. LEXIS 17118, 27 Empl. Prac. Dec. (CCH) 32,161
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 5, 1981
DocketNo. 80-1095
StatusPublished
Cited by7 cases

This text of 660 F.2d 1116 (Taylor v. Mueller Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Mueller Co., 660 F.2d 1116, 26 Fair Empl. Prac. Cas. (BNA) 1695, 1981 U.S. App. LEXIS 17118, 27 Empl. Prac. Dec. (CCH) 32,161 (6th Cir. 1981).

Opinion

LIVELY, Circuit Judge.

In this action, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., a longtime black employee of the Mueller Co. sought injunctive relief and back pay for alleged discrimination in employment practices. His major contention is that a seniority system agreed to by his employer and the union with which it had a collective bargaining agreement discriminates against black employees, including the plaintiff, and perpetuates historical discriminatory practices of the employer. Following a bench trial the district court filed detailed findings of fact and conclusions of law. The final judgment denied all relief.

I.

A.

The plaintiff was hired by Mueller Co. in 1954 and has been assigned to the “service department” of the “machine division” since that time. The service department is one of four departments within the machine division. The other three are the machine operator’s department (sometimes referred to as the machine shop), the maintenance department and the tool room. Prior to 1965 the service department was all black and every Negro hired by Mueller Co. was assigned to that department; the other three departments were all white. Each department within the machine division maintains separate seniority lists. The union (I.A.M.) has represented the employees in the machine division for many years. Black employees were permitted to join the union for the first time in the early 1960’s.

Since 1965 black employees have been permitted to transfer from the service department to other departments within the machine division. However, their seniority in the service department does not transfer to the other departments. If a service department employee bids successfully for an opening in the machine operator’s department his seniority there begins from the date he is hired into the new department. The first black employee transferred to the machine operator’s department from the service department in 1966. At the time this action was commenced 12 out of 86 employees in the machine operator’s department were black. Most of the foregoing facts were stipulated.

B.

The district court made additional findings of fact, which are not disputed. Each department within the machine division performs a separate function. Service department jobs have always carried the lowest base pay rates among the four departments and all jobs there but one have been non-incentive jobs. On the other hand, all jobs in the machine operator’s department but one are incentive jobs and all have carried a higher base rate than jobs in the service department. The two exceptions are the service department position of cutoff-saw operator which became an incentive job in 1963 and the machine operator’s department position of tool crib attendant which has always been a non-incentive job. [1118]*1118Prior to 1965 the job of tool crib attendant had always been held by a white employee and was considered a part of the machine operator’s department; the position of cutoff-saw operator had always been held by a black employee and was considered part of the service department. Though both jobs have been held by blacks and whites since 1965, their department categorization has not been changed.

The district court found that the interests of the service department have always been considered “sufficiently analogous” to the interests of the other three departments in the machine division to make all four departments part of the same bargaining unit. At least one other industry in the Chattanooga area engaged in similar work was found to maintain separate service and machine operator’s departments; however, each department was represented by a different union. The court also found that department seniority tends to be a standard practice in heavy industry.

Additional findings of the district court are quoted in full:

Under the segregated system maintained by Mueller Co. prior to 1965, blacks were not permitted to hold jobs as machine operators although they worked directly with white machine operators often assisting in the running of certain machines or instructing newly hired whites in machine operation procedures. Likewise, blacks were not permitted to run machines, although the evidence shows that no particular skill or education level is required to hold a machine operator position. All skill necessary is developed by on-the-job training.

# * * * * *

At all times relevant to this lawsuit, the defendant Union bargained for the four Machine Division departments as one bargaining unit and negotiated the terms for pay and seniority. Prior to 1963, however, the Union prohibited blacks from becoming union members. This policy was altered in 1963. It was not until 1965, however, that the Union negotiated a contract changing the then existing terms for seniority and bidding.

Prior to the 1965 contract, each department had its own separate seniority system and employees were not allowed to bid from one department to another. An employee’s plant-wide seniority and his department seniority were identical. The effect of this system was to lock blacks into the low paying jobs within the Service Department since blacks were hired only for Service Department jobs. The 1965 contract between the Union and the employer altered the seniority system by making the Service Department an entry level department for all new employes. Employees of any department were allowed to bid out of their department based upon plant-wide seniority. However, department seniority was maintained for purposes of bidding within a department and for purposes of layoff or cutback. Therefore, a person entering a new department had no department seniority and could be rolled from his new job by a person with greater department seniority but less plant-wide seniority than the new entrant. Rolling occurred either when an employee with greater department seniority desired the job held by the new entrant or when there was a cutback or layoff. Anyone rolled from his position, who had sufficient seniority, could either bid on a vacant job within the department or roll an employee with less seniority. If the person rolled had the least department seniority and no vacancies were available within the department, he would return to his original department with full seniority in that department.

Because the new seniority system, at its inception, was superimposed upon a segregated departmental structure, the system operated to perpetuate the effects of pre-Act discrimination by requiring that all black employees hired before 1965, who had previously been excluded from the higher paying white departments, bid into those departments on the basis of their plant-wide seniority but compete for jobs within the new department on the basis of their seniority in that department. A black department entrant who was rolled from the depart[1119]*1119ment went back to the lower paying Service Department, while a white department entrant with the same plant-wide seniority as the black was rolled back to his higher paying formerly all-white department. The immediate effect of the new seniority system was to maintain blacks in lower paying positions than whites with equivalent plant-wide seniority.

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660 F.2d 1116, 26 Fair Empl. Prac. Cas. (BNA) 1695, 1981 U.S. App. LEXIS 17118, 27 Empl. Prac. Dec. (CCH) 32,161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-mueller-co-ca6-1981.