The opinion of the court was delivered by: BONSAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Local 638 is a labor union whose territorial jurisdiction consists of the 5 boroughs of the City of New York and Nassau and Suffolk counties (Tr. 16; Gov't Ex. 1-p. 5).
2. Local 638 is a member of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry (Tr. 23).
3. Local 638 has two branches -- a construction or A branch whose members do mainly construction work and a metal trades or B branch whose members work in shops and do repair work (Tr. 15-16; Gov't Ex. 1-pp. 4-5).
4. At the present time, there are approximately 3850 journeymen members of the A branch, of whom 31 are non-white (Tr. 16), and 2800-3000 members of the B branch, of whom approximately 500 are non-white (Tr. 16; Gov't Ex. 1-pp. 5, 8).
5. There were no non-white journeymen members of the A branch until 1967 (Gov't Ex. 15-3A(3) and (4)).
6. In the past, Local 638 has discriminated against minority workmen in admitting members to the A branch.
7. Members of the A branch have a higher hourly rate of pay than members of the B branch (Tr. 20).
8. Local 638 has 15 officers and eleven business agents, all of whom are white (Tr. 17; Gov't Ex. 1-p. 8).
9. The Mechanical Contractors Association of New York, Inc. ("MCA") is a trade association of heating, ventilating and air conditioning contractors in the New York area (Tr. 58).
10. MCA has approximately 60 members who employ members of Local 638. (Tr. 59).
II. Membership Requirements
11. The only operative requirements for membership in the A branch are that each applicant must have at least 5 years of practical working experience in the plumbing and pipe fitting industry and must be of good moral character. (Gov't Ex. 2-sec. 158, 162).
12. Procedurally, applicants to the A branch send letters to the union stating their qualifications, which letters are reviewed by a committee composed of three of the Union's officers (Gov't Ex. 1-p. 13). These applications are kept on file (Tr. 22) and when additional members are needed in the union -- a determination which is based upon the demand for labor (Tr. 21) -- applicants are called down, interviewed and, if they have the necessary qualifications, accepted (Tr. 20-1).
13. The union's application process is designed to keep the union membership from being flooded (Tr. 487), by admission of only a small number of new members; this ensures the existence of a shortage of A men ...