Discrimination - racial and ethnic - seniority system perpetuating past discrimination. HEADNOTES Facts T.1.M.E-D.C. Inc. was alleged to have engaged since before the Civil Rights Act, 1965, in a pattern or practice of discriminating against Negroes and Spanish-surnamed persons who were hired as ser- vicemen or local city drivers, which were lower paying and less desirable jobs than those of line drivers, which went to whites, The seniority system in the collective agreements between the company and the union also perpetuated the effects of past racial and ethnic discrimination, since a city driver or serviceman transferring to a line-driver job forfeited all accumulated competitive seniority. The government sought a general injunctive remedy and specific relief for individual discriminatees. The District Court held (1) that the company and union had violated the law and enjoined them from committing further violations and (2) that the discriminatees were entitled to preference over all other future line-driver applicants. Since they had been injured in various degrees, the court created three subclasses and applied to each a different formula for filling line-driver jobs and establishing seniority. Although agreeing with the District Court's basic conclusions, the Court of Appeals rejected the class trisection and
International Labour Law Reports Online – Brill
Published: Jan 1, 1976
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