Case: Salinas v. Roadway Express, Inc.

5:71-cv-00254 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 17, 1971

Closed Date: Oct. 17, 1986

Clearinghouse coding complete

Case Summary

In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for the higher paying position of road driver while non-whites were relegated to the lower paying position of city driver and the union had violated 42 U.S.C. § 1981 by agreeing with Roadway to establish an…

In 1971, Black and Hispanic truck drivers in San Antonio, Texas, filed an employment discrimination suit against Roadway under Title VII and 42 U.S.C. § 1981 in the U.S. District Court for the Western District of Texas, alleging that Roadway had violated Title VII by favoring white employees for the higher paying position of road driver while non-whites were relegated to the lower paying position of city driver and the union had violated 42 U.S.C. § 1981 by agreeing with Roadway to establish and maintain a dual seniority system in the collective bargaining agreement for city and road drivers.

On November 4, 1985, the district court approved a proposed consent decree, according to which all class members received a monetary reward, and ten members retained over-the-road seniority retroactive to March 1971, and all members could transfer, without seniority, from a city driver to a road driver position.

Certain class members challenged the fairness of the consent decree and appealed. On October 17, 1986, the 5th Circuit (Per Curiam) held that the district court did not abuse its discretion in approving consent decree.

In 2004, four members of the class brought suit in the U.S. District Court for the Western District of Texas to enforce the consent decree and to recover back-pay and interest under its terms. However, the magistrate judge determined, and the 5th Circuit affirmed on December 19, 2006, that they were time-barred from enforcing the consent decree.

Summary Authors

Kunyi Zhang (6/28/2010)

People


Judge(s)

Garza, Emilio M. (Texas)

Johnson, Samuel D. Jr. (Texas)

Jolly, E. Grady (Mississippi)

Kirkpatrick, Andrew (New Jersey)

Politz, Henry Anthony (Louisiana)

Attorneys(s) for Plaintiff

Evans, Larry (Texas)

Fields, Richard (Tennessee)

Hicks, James L. Jr. (Texas)

Mims, Carnegie H. Jr. (Texas)

Nelkin, Stuart (Texas)

Judge(s)

Garza, Emilio M. (Texas)

Johnson, Samuel D. Jr. (Texas)

Jolly, E. Grady (Mississippi)

Kirkpatrick, Andrew (New Jersey)

Politz, Henry Anthony (Louisiana)

Attorneys(s) for Plaintiff

Evans, Larry (Texas)

Fields, Richard (Tennessee)

Hicks, James L. Jr. (Texas)

Mims, Carnegie H. Jr. (Texas)

Nelkin, Stuart (Texas)

Padgett, Shelton E. (Texas)

Ravkind, Sidney (Texas)

Weir, Warren N. (Texas)

Attorneys(s) for Defendant

Babb, G. William (Texas)

Manitzas, Frank S. (Texas)

Documents in the Clearinghouse

Document

Docket

July 2, 2008 Docket

5th Circuit Opinion (vacated the district court's judgment)

U. S. Court of Appeals for the Fifth Circuit

735 F.2d 1574

July 16, 1984 Order/Opinion

5th Circuit Opinion (affirmed the district court's decision to approve consent decree)

U. S. Court of Appeals for the Fifth Circuit

802 F.2d 787

Oct. 17, 1986 Order/Opinion

5th Circuit Opinion (affirmed the district court's decision)

Andrews v. Roadway Express, Inc.

U. S. Court of Appeals for the Fifth Circuit

473 F.3d 565

Dec. 19, 2006 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

All prior docketing done on Courtran (ep, ) (Entered: 07/02/2008)

July 2, 2008
1

Exhibit Letter Notice instructing parties to pick up their exhibits. (ep, ) (Entered: 07/02/2008)

July 2, 2008

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Sept. 17, 1971

Closing Date: Oct. 17, 1986

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were Black and Hispanic truck drivers in San Antonio, Texas, who were employed by defendant.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Roadway Express, Inc., Private Entity/Person

Local #657, Private Entity/Person

Southern Conference of Teamsters, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Discrimination-area:

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Seniority

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic