Case: United States v. Local 189, United Papermakers and Paperworkers, AFL-CIO, CLC

This case arises from the hiring practices in the Crown Zellerbach paper mill in Bogalusa, Louisiana. The United States sued United Papermakers and Paperworkers Local 189, as well as the parent union,  alleging that their use of job seniority in employment practices was discriminatory against Black employees. Until 1964, the plant had segregated lines of progression, which are structured career pathways controlled by the unions. Local 189, the White union, had control over the more desirable lines of progression. In contrast, Local 189a, the Black union, had control over the undesirable, lower paying lines of progression. Pursuant to an agreement with the Department of Labor, the lines were merged in 1966. However, the mill continued to promote employees based on job seniority. This employment practice maintained the status quo at the plant, relegating Black employees to the inferior positions. 

 Thus, the United States brought suit, alleging that the use of job seniority violated Title VII of the Civil Rights Act and prevented the government from complying with Executive Order 11246, which mandated that federal contractors and subcontractors take affirmative action to ensure equal employment opportunity. The case was filed on January 30, 1968, in the United States District Court for the Eastern District of Louisiana.

Members of Local 189a, the Black union providing employment to the plant, moved to intervene as parties and class representatives. This motion was granted on February 21, 1968.

The United States filed a preliminary injunction, seeking to enjoin the defendants from discriminating against the Black employees of the paper mill. This hearing was limited to two issues: whether, under the facts and circumstances, the job seniority system which was in effect at the Bogalusa paper mill prior to February 1, 1968, was unlawful and, if the system was found to be unlawful, what was the necessary or appropriate standard or guideline for identifying the seniority of employees for purposes of promotion and demotion. The court found that the system of job seniority was, in fact, illegal. Thus, the court granted the preliminary injunction, ordering the unions to abolish the system of job seniority, or any other seniority system designed to discriminate against Black employees, insofar as such systems applied to promotion, demotion, or selection. In its place, the union was ordered to establish a system of mill seniority, under which the length of service time in the mill would be used in allocating promotions. 

On June 16, 1969, the court decided the remaining issues. During this proceeding, the court defined the class of intervenor-plaintiffs as all Black employees hired prior to January 16, 1966 and all Black employees hired after January 16, 1966 and prior to February 14, 1968, except those that were assigned to the jobs formerly within the exclusive jurisdiction of Local 189. Additionally, the judge held that the mill must continue the use of mill seniority in determining who to select for jobs or training. The judge further defined specific procedures that the mill must comply with in order to remedy past discrimination. Finally, the court held that the maintenance of the two separate unions does violate the Civil Rights Act, so they must be merged. 

The defendants appealed this ruling. The appeals court affirmed the trial court ruling, holding that title VII prohibits awarding vacant jobs based on seniority when doing so serves to “lock in” prior racial classification. Additionally, the judge held that mill seniority was a satisfactory alternative to job seniority. 16 F.2d 980 (1969).