Wilmington Firefighters Local 1590 v. City of Wilmington

109 F.R.D. 89, 40 Fair Empl. Prac. Cas. (BNA) 1073, 1985 U.S. Dist. LEXIS 12946
CourtDistrict Court, D. Delaware
DecidedDecember 10, 1985
DocketCiv. A. No. 84-400-JJF
StatusPublished
Cited by5 cases

This text of 109 F.R.D. 89 (Wilmington Firefighters Local 1590 v. City of Wilmington) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilmington Firefighters Local 1590 v. City of Wilmington, 109 F.R.D. 89, 40 Fair Empl. Prac. Cas. (BNA) 1073, 1985 U.S. Dist. LEXIS 12946 (D. Del. 1985).

Opinion

OPINION

FARNAN, District Judge.

This action was brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e)-5, the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981, and the Civil Rights Act of 1871, 42 U.S.C. § 1983, for injunctive relief and damages for lost salary. The matter presently before the Court is plaintiff’s Motion for Class Certification.

[90]*90BACKGROUND.

Plaintiff, Dennis M. Kirlin, is a white firefighter employed by the defendant City of Wilmington (hereinafter “the City”). Plaintiff Local 1590, International Association of Firefighters (hereinafter “the Union”), is the collective bargaining representative of uniformed employees of the Wilmington Fire Department. Plaintiffs allege that the City unlawfully denied Kirlin and other white firefighters the opportunity for promotion on account of their race, by altering its 1984 promotion testing procedures for the race-based purpose of increasing the number of minority firefighters on the promotion list, in order to comply with the City’s interpretation of the consent decree entered in Wilmore, et al. v. City of Wilmington, C.A. No. 80-76 (D.Del. June 14, 1983).

The alleged actions of which plaintiffs complain can be briefly summarized as follows. In March 1984, the City issued General Notices concerning the 1984 promotional tests. These Notices outlined a three-part examination procedure for promotional candidates, involving a “Problem Analysis Presentation” (P.A.P.), an “Administrative/Management Task Analysis” (A.M.T.A.), and an “Interview/Record Appraisal” (Interview). Plaintiffs allege that, under the original procedures outlined by the City, each candidate was to be ranked “top down” 1 based on his overall score, with the P.A.P. constituting 60% of the total score, the A.M.T.A. 25%, and the Interview 15%.

Plaintiff Kirlin received the highest score of any firefighter on the combined P.A.P. and A.M.T.A. portions of the exam, but his Interview score fell in the middle range. Based on the top down procedure described, Kirlin would have ranked seventh overall on the list for promotion to Lieutenant. However, plaintiffs alleged that after the P.A.P. and A.M.T.A. portions of the test were administered and the results computed, the City altered the scoring system for the express purpose of increasing the number of minority firefighters in a favorable promotion position, in order to comply with its interpretation of the promotional goals outlined in the consent decree in Wilmore, supra.2 Under the substituted system, candidates were ranked based on certain minimum P.A.P. and A.M.T.A. scores, and added weight was given to the Interview component. Kirlin’s rank on the list computed under this system fell from seventh overall to forty-first overall, greatly reducing any chance of promotion.3 DISCUSSION.

Plaintiff seeks certification of the following class of individuals, under Rule 23(a) and Rule 23(b)(2):

[91]*91All present or future uniformed employees of the City of Wilmington Fire Department who took the 1984 promotional exam or, who are eligible for future promotional exams, whose position on the 1984 promotion list or on any future promotion lists was or may in the future be affected by the City of Wilmington’s interpretation of its obligations under the consent decree in Wilmore v. City of Wilmington, Civl Action No. 80-76, to require alteration of the scoring system of promotional examinations for the purpose of increasing the number or percentage of minority promotions. The plaintiff class, however, shall not include members of the Wilmore class in Civil Action No. 80-76.

In order to certify this action as a class action, plaintiffs must first satisfy the four mandatory pre-requisites for a class action under Rule 23(a). Katz v. Carte Blanche Corp., 496 F.2d 747, 756 (3rd Cir.1974). Rule 23(a) provides:

(a) Prequisitites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

In addition, plaintiffs must show that the action is properly maintainable under one of the three subsections of Rule 23(b). Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 163, 94 S.Ct. 2140, 2145, 40 L.Ed.2d 732 (1974). Plaintiffs here seek certification under Rule 23(b)(2), which provides:

(2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole.

Plaintiffs have the burden of proving that an action is appropriate for class certification. See Davis v. Romney, 490 F.2d 1360, 1366 (3rd Cir.1974); Coca Cola Bottling Co. v. Coca Cola Co., 98 F.R.D. 254, 265 (D.Del.1983). Accordingly, this Court must carefully scrutinize the request for class certification to insure that all requirements are met. General Telephone Co. of the Southwest v. Falcon, 457 U.S. 147, 157-58, 162 S.Ct. 2364, 2370-71, 72 L.Ed.2d 740 (1982).

A. Prerequisites of Rule 23(a).

1. Numerosity.

Rule 23(a)(1) provides that a class action may be maintained only if “the class is so numerous that joinder of all members is impracticable”. Impracticability of'joinder in a given case is a subjective determination based on the number of parties, expediency of joinder, and inconvenience of individual suits. See Ulloa v. City of Philadelphia, 95 F.R.D. 109, 115 (E.D.Pa.1982); 7 Wright & Miller, Federal Practice & Procedure, § 1762 at 602 (1972).

Here, plaintiff has identified a total of fifty-four current members of the proposed class who were adversely affected by the City’s alteration of the scoring system. Appendix to Plaintiff’s Opening Brief, at 50, 54-55. This number was computed by comparing the rank of each candidate on the promotional list under the original scoring procedure with his rank on the City’s revised scoring list after the interview component was completed. This yielded a total of thirty-four firefighters whose rank on the new list was lower than on the original list. Appendix to Plaintiff’s Brief, at 57-61.

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109 F.R.D. 89, 40 Fair Empl. Prac. Cas. (BNA) 1073, 1985 U.S. Dist. LEXIS 12946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmington-firefighters-local-1590-v-city-of-wilmington-ded-1985.