The opinion of the court was delivered by: BONSAL
This Court, upon remand from the Court of Appeals after an appeal by defendant Enterprise Association Steamfitters Local 638 of U.A. ("Local 638" or the "Union"), has reconsidered, as discussed herein, the percentage goals for non-white membership in the A Branch of Local 638
as originally provided by this Court's Order and Judgment of June 21, 1973. 360 F. Supp. 979 (S.D.N.Y. 1973).
This case is a consolidation of two actions for the purposes of trial: one of these actions was brought by four nonwhite workers alleging unlawful employment discrimination by Local 638, the Mechanical Contractors' Association of New York, Inc. (MCA"), and the Joint Steamfitting Apprenticeship Committee of the Steamfitters' Industry ("JAC"), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., of 42 U.S.C. §§ 1981 and 1983, and of the Fifth and Fourteenth Amendments (Rios v. Enterprise Association Steamfitters Local 638 of U.A., et al., 71 Civ. 847); and the other action is one of several suits brought by the Attorney General of the United States under Title VII of the Civil Rights Act of 1964, pursuant to the authority granted to him in that Act (42 U.S.C. § 2000e-6(a)) against several local unions in the building trades industry servicing metropolitan New York (Equal Employment Opportunity Commission v. Enterprise Association Steamfitters Local 638 of U.A., et al., 71 Civ. 2877). By Order and Judgment filed June 21, 1973, this Court permanently enjoined the defendants from engaging in any act or practice which had the purpose or effect of discriminating against any individual or class of individuals on the basis of race, color or national origin.
By the Order and Judgment of June 21, 1973, this Court directed the parties to submit to the Administrator appointed therein, Vincent D. McDonnell, Esq., an "affirmative action program" designed to secure admission of a sufficient number of non-whites to membership as journeymen in Local 638's A Branch "to achieve a minimum goal of 30% non-white membership by July 1, 1977." On March 29, 1974 this Court adopted an "Affirmative Action Plan" (the "Plan") to implement the terms of the Order of June 21, 1973 and directed that the minimum goal of 30% non-white membership in the A Branch be achieved in four stages: 15% by July 15, 1974; 20% by July 15, 1975; 25% by July 15, 1976; and 30% by July 1, 1977.
Local 638 appealed from several aspects of this Order and Judgment. See Rios v. Enterprise Association of Steamfitters Local 638, 501 F.2d 622, 627 (2d Cir. 1974). The Court of Appeals affirmed this Court's Order but remanded for a "reassessment of the percentage goal figure" for non-white membership in Local 638 in light of relevant statistical data. 501 F.2d at 633.
In reassessing the percentage goal, this Court notes the guiding principle, as stated by the Court of Appeals:
"[The] objective of remedial quota is a limited one. It seeks to place eligible minority members in the position which the minority would have enjoyed if it had not been the victim of discrimination." 501 F.2d at 632.
The Court of Appeals recommended the use of "reliable statistics with respect to [members of the male] labor force " living within the jurisdiction of Local 638,
stated that this Court should "be guided by the most precise standards and statistics available," and noted that the Court "in prescribing non-white goals must at all times be limited to eradication of past discrimination." 501 F.2d at 633. See also Patterson v. Newspaper and Mail Deliverers' Union, 514 F.2d 767 (2d Cir. 1975).
At the hearing held on April 17 and 18, 1975, the Court heard the expert testimony of Dr. Mark Rosenblum offered by the plaintiffs and the government, and of Mrs. Shirley Gilbert offered by the defendants Local 638 and MCA. After considering these witnesses' testimony and reviewing the Bureau of the Census data received as exhibits at the hearing, the Court concludes that the July 1, 1977 percentage goal for non-white membership in the A Branch of Local 638 should be 26%.
A starting point for calculation is the fact that 19.79% of the male labor force in the jurisdiction of Local 638 is black and Puerto Rican.
1970 Census of Population, General Social and Economic Characteristics, New York, PC(1)-C34 (hereinafter referred to as " General Characteristics ").
This figure initially must be refined to include only members of the male civilian labor force since men in the armed forces were not available for work as steamfitters. See generally, General Characteristics, supra, Tables 119-131; id., Appendix B, at 15.
In selecting the appropriate Census data for the percentage goal calculation, the Court finds that labor force figures in the 1970 Census are a good measure of the relevant labor force even though those data reflect persons who were age 16 in 1970. Only persons age 18 and older have ever been eligible for membership in Local 638, but an individual who was 16 years old in April, 1970 (when the Census data was collected) would have reached at least age 19 by June 21, 1973, the date of this Court's Order, and thus would have met the Union's age requirement.
The plaintiff class, as defined prior to trial, encompassed "Negro and Spanish Sur-named Americans" residing within the jurisdiction of Local 638 who had the skill or the capability and interest to learn the skill of a journeyman steamfitter. Rios v. Enterprise Association Steamfitters Local Union #638, 54 F.R.D. 234, 237 (S.D.N.Y. 1971). Data on Negro and Puerto Rican males are readily available (see General Characteristics, supra, Tables 126, 131), but there are no statistics by the Bureau of the Census on Spanish Sur-named individuals for the New York area. See id. Appendix B, at 7. Therefore, absolute precision in this regard is not possible. The Court concludes that statistics on non-Puerto Rican Spanish Sur-named males in the labor force can best be calculated from data compiled for the Spanish Language population.
To determine the labor force statistics on Spanish Language males, it is necessary first to determine the ratio of the number of Spanish Language males in a given county to the number of Puerto Rican males in that county (each of which ...