Case: EEOC v. IBEW Local 3

Equal Employment Opportunity Commission v. IBEW Local 3

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

U.S. Court of Appeals for the Second Circuit

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

U.S. Court of Appeals for the Second Circuit

EEOC v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (emil) (Entered: 02/03/1992)

ANSWER to Complaint by Jt Board of N.Y. Ele (Attorney Norman Rothfeld), ; by attorney Norman Rothfeld for defendant Jt Board of N.Y. Ele (emil) (Entered: 02/03/1992)

Pre-trial conference held (emil)

ANSWER to Complaint by NY Electrical Contra (Attorney Edward T. Byrne), ; Firm of: Murtagh & Cohen by attorney Edward T. Byrne for defendant NY Electrical Contra (emil) (Entered: 02/03/1992)

ORDER that case be referred to Case Processing Assistant for Assignment of a Magistrate Judge for pre-trial purposes ( signed by Judge Whitman Knapp ) (emil) (Entered: 02/03/1992)

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Naomi R. Buchwald, endorsed on order of reference to Magistrate Judge. ; Copies mailed. (emil)

Notice of reasgmnt. to Judge Daronco. Copy of notice and judge's rules mailed to Attorney(s) of record. (emil) (Entered: 02/03/1992)

Notice of reasgmnt. to Judge Whitman Knapp. Copy of notice and judge's rules mailed to Attorney(s) of record. (emil) (Entered: 02/03/1992)

**Related case. (ICMSUSER)

Transcript of record of proceedings filed for dates of 1/17/92 (la) (Entered: 03/19/1992)

OPINION AND ORDER # 72023, granting the EEOC's renewed motion for partial summary judgment on the question of liability, and set status conference for set for 4:30 9/20/93 ( Signed by Judge Whitman Knapp ); Copies mailed. (jr) (Entered: 09/01/1993)

Pre-trial conference held (jr)

NOTICE OF MOTION by IBEW Local 3 for an order enjoining the Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry from using the high school diploma or equivalency, or the age maximum of 22 as a prerequisite for admission into its apprentice training program, Return date 12/2/93 (jr) (Entered: 10/22/1993)

Text not available.

Memo endorsed on motion; denying [114-1] motion for an order enjoining the Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry from using the high school diploma or equivalency, or the age maximum of 22 as a prerequisite for admission into its apprentice training program ...So Ordered. ( signed by Judge Whitman Knapp ); Copies mailed. (sc)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Contested Damages Hearing ( signed by Judge Whitman Knapp ) Referred to Magistrate Judge Naomi R. Buchwald (jr) (Entered: 11/08/1993)

Pre-trial conference held by M.J. Buchwald (cd)

Pre-trial conference held by NRB (mk)

NOTICE of attorney appearance for Equal Employment Opp by Louis Graziano (sc) (Entered: 01/18/1994)

Pre-trial conference held before Magistrate Judge Buchwald. (rag)

NOTICE OF MOTION by Jt. Apprenticeship Committee of The Jt. Board of N.Y. Eletrical Industry to dismiss of the individual herein named on the ground that they lack standing to make a claim or on the ground that their claims patently lack merit, or on both grounds, Return date 9:30 8/13/94; with attached supporting Affidavit of Norman Rothfeld & Exhibits A - Q. (ae) (Entered: 06/21/1994)

MEMORANDUM by Jt. Apprenticeship Committee of The Jt. Board of N.Y. Electrical Industry in support of [117-1] motion to dismiss of the individual herein named on the ground that they lack standing to make a claim or on the ground that their claims patently lack merit, or on both grounds. (ae) (Entered: 06/21/1994)

RESPONSE by Equal Employment Opportunity Commission to [117-1] motion to dismiss the individual claims. (ae) (Entered: 07/18/1994)

AFFIDAVIT of Louis Graziano by Equal Employment Opportunity Commission in response (opposition) to Re: [117-1] motion to dismiss the individual claims. (ae) (Entered: 07/18/1994)

REPLY MEMORANDUM by Jt Board of N.Y. Elections in support of re: [117-1] motion to dismiss individual claims. (ae) (Entered: 08/11/1994)

Pre-trial conference held by Mag-Judge Buchwald. (kg)

Rule 3(g) statement of material issues where no genuine issue exists filed by Joint Apprenticeship Committee of the Jt Board of Electrical Industry. (kg) (Entered: 10/17/1994)

Supplemental Rule 3(g) statement of material facts where a genuine issue remains filed by Equal Employment Opportunity Commission. (kg) (Entered: 10/21/1994)

REPORT AND RECOMMENDATIONS of Magistrate Judge Naomi R. Buchwald Re: for the reasons stated, we recommend that deft's motion for summary judgment be granted with respect to the claim of David Grandy but denied as against each of the remaining individual claimants; Motion no longer referred Objections to R and R due by 11/11/94 (kg) (Entered: 10/28/1994)

NOTICE OF MOTION by Joint Apprent. Comm. for leave to submit additional affidavits, and for reconsideration of the Report & Recommendation. Return date 11/21/94. (kg) (Entered: 11/04/1994)

MEMORANDUM AND ORDER denying [125-1] motion for leave to submit additional affidavits ( signed by Magistrate Judge Naomi R. Buchwald ); Copies mailed (kg) (Entered: 12/01/1994)

Transcript of record of proceedings filed for dates of 12/14/95, 12/15/95 12/19/95. (lam) (Entered: 02/02/1996)

MEMORANDUM & ORDER, We have reviewed Mag. Judge Buchwald's Report and Recommendation of 10/27/94 and hereby adopt it in its entirety ( signed by Judge Whitman Knapp ); Copies mailed (emil) (Entered: 05/10/1995)

Tele-conference held before Mag. Judge Buchwald (emil)

Premotion conference held before Magistrate Buchwald. (rag)

MEMORANDUM by Joint Apprent. Comm. re: on the issue of the legal standard and the burden of proof in the remedies stage of an adverse impact action. (emil) (Entered: 10/03/1995)

MEMORANDUM by Joint Apprent. Comm. re: burden of proof (emil) (Entered: 10/03/1995)

REPLY MEMORANDUM by Joint Apprent. Comm. re: submitted in reply to EEOC's Memorandum dated 10/2/95 (emil) (Entered: 10/17/1995)

REPLY MEMORANDUM by Equal Employment Opp re: on the issue of the legal standard and the burden of proof in the remedies stage of an adverse impact action (emil) (Entered: 10/19/1995)

PLNTF'S PRETRIAL MEMORANDUM (cd) (Entered: 12/15/1995)

POST-HEARING MEMORANDUM by Joint Apprent. Comm. (emil) (Entered: 01/18/1996)

DECLARATION of Norman Rothfeld Re: w/ respect to the EEOC's computation of back pay. (emil) (Entered: 02/07/1996)

SUPPLEMENTAL BACKPAY MEMORANDUM by Joint Apprent. Comm. re: in response to the Letter-Memorandum dated 2/8/96 submitted by the EEOC (emil) (Entered: 02/15/1996)

REPORT AND RECOMMENDATIONS of Magistrate Judge Naomi R. Buchwald Re: I respectfully recommend that the claimants' request for back pay be denied. Objections to R and R due by 4/9/96 (emil) (Entered: 03/27/1996)

OBJECTIONS by Equal Employment Opp to [137-1] report and recommendations (emil) (Entered: 04/09/1996)

OBJECTIONS by Joint Apprent. Comm. to [137-1] report and recommendations (emil) (Entered: 04/16/1996)

RESPONSE by Equal Employment Opp Re: [139-1] objection to Mag. Judge Buchwald's Report and Recommendation (emil) (Entered: 04/19/1996)

RESPONSE by Joint Apprent. Comm. Re: [138-1] objections to Mag. Judge Buchwald's Report and Recommendation (emil) (Entered: 04/22/1996)

MEMORANDUM by Equal Employment Opp re: in response to the Court's request for add'l briefing on the appropriate standard of review of Mag. Judge Buchwald's Report and Recommendation on Damages. (emil) (Entered: 05/14/1996)

MEMORANDUM & ORDER, We agree w/ the EEOC, for the reasons stated in its Memorandum on the Proper Standard of Review, that Mag. Judge Buchwald's Report and Recommendation is subject to a de novo review. Accordingly, we remand Mundle's claim for back pay to Judge Buchwald for reconsideration. We express no view as to the conclusion at which Judge Buchwald should arrive. We will be required to subject to de novo review any conclusions to which a party might object. Except as indicated above, Judge Buchwald's Report and Recommendation is adopted substantially for the reasons therein stated ( signed by Judge Whitman Knapp ); Copies mailed (emil) (Entered: 05/23/1996)

REPORT AND RECOMMENDATIONS of Magistrate Judge Naomi R. Buchwald Re: this Report and Recommendation is written in response to your Memorandum & Order dated 5/21/96, adopting my Report and Recommendation dated 3/25/96 except w/ respect to claimant Beverly Mundle, whose claim for back pay was remanded to me for reconsideration. Upon a close reading and review of the Report, I fear that I was misunderstood as to the basis upon which Mundle's claim was rejected. Thus, I again respectfully recommend a finding that Mundle is entitled to no back wages; Objections to R and R due by 6/13/96 (emil) (Entered: 05/31/1996)

OBJECTIONS by Equal Employment Opp to [144-1] report and recommendations. Fld in night deposit on 6/11/96 at 5:38 p.m. (emil) (Entered: 06/13/1996)

Case closed administratively Pursuant to Memorandum From the Administrative Office of the United States Courts, Dated June 15th, 1973. (kk) (Entered: 06/21/1996)

MEMORANDUM & ORDER, we conclude that Ms. Mundle's back pay period should not end as of the date she began working for the Port Authority but should extend another five years, that is, through 1985. The EEOC has conceded that Ms. Mundle is not owed any back pay for the period through 1982. Accordingly, we remand the matter to Judge Buchwald for a determination of the back pay that should be awarded for the approximately three years in question ( signed by Judge Whitman Knapp ); Copies mailed (emil) (Entered: 06/24/1996)

Case reopened (emil)

REPORT AND RECOMMENDATIONS of Magistrate Judge Naomi R. Buchwald Re: Now that these disputes have been resolved, the parties should confer and arrive at a stipulated damages amount; Objections to R and R due by 8/12/96 (sent orig. doc. to Judge Knapp chambers on 7/29/96) (kg) (Entered: 07/29/1996)

OBJECTIONS by Joint Apprent. Comm. to [148-1] report and recommendations (emil) (Entered: 08/08/1996)

OBJECTIONS by Equal Employment Opp to [148-1] report and recommendations (emil) (Entered: 08/08/1996)

RESPONSE by Equal Employment Opp Re: [149-1] objections to Report and Recommendation. Fld in night deposit on 8/19/96 at 5:24 p.m. (emil) (Entered: 08/20/1996)

REPLY by IBEW Local 3 Re: [148-1] report and recommendations (emil) (Entered: 08/28/1996)

MEMORANDUM & ORDER, by Order dated 6/21/96, we remanded this matter to Mag. Judge Buchwald for a determination of the back pay to be awarded claimant Beverly Mundle for an approximately three-year period between 1983 and 1985. On 7/26/96, Mag. Judge Buchwald issued a Report and Recommendation. Having reviewed the Report and found its recommendations to be wholly reasonable, and having reviewed the parties' objections thereto, we adopt the Report in its entirety ( signed by Judge Whitman Knapp ); Copies mailed (emil) (Entered: 09/09/1996)

STIPULATION and ORDER, it is stipulated between the parties that following the decisions of the Court of 6/21/96 and the Report and Recommendation of 7/26/96 that the back wages and interest for Beverly Mundle covering the five years beginning January 1980 is a total of $51,662.81 ( signed by Magistrate Judge Naomi R. Buchwald ). (emil) (Entered: 01/07/1997)

MEMORANDUM & ORDER, by Order dated 6/21/96, we remanded this matter to Mag. Judge Buchwald for a determination of the back pay to be awarded claimant Beverly Mundle for an approximately three-year period between 1983 and 1985. On 7/26/96, Mag. Judge Buchwald issued a Report and Recommendation regarding the method to be used in determining the damages for claimant Beverly Mundle. We adopted the Report by Order dated 9/6/96. In accordance w/ the Report, the parties have stipulated to damages and interest for Ms. Mundle in the amount of $51,662.81, which stipulation was approved by Mag. Judge Buchwald on 1/6/97. We hereby approve this stipulation and find that Ms. Mundle is owed back pay and interest in the amount of $51,662.81 ( signed by Judge Whitman Knapp ); Copies mailed (emil) (Entered: 02/18/1997)

ORDER, that The EEOC application under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e for an injunction prohibiting the Joint Apprenticeship Comm. from implementing a maximum age 22 requirement with respect to its apprenticeship program is granted . The EEOC application under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e for an injunction prohibiting the Joint Apprenticeship Comm from implementing its requirement of either a high school diploma or GED with respect to its apprenticeship program is denied . Back wages for Sadie Baxter, Yvette Behea, Alice Jenkins Dixon, Grace McGovern, Madeline Molina Arosemena and Cecilia Trummer be denied . EEOC's application under Title VII of the Civil Rights Act of 1964, 42 UY.S.C. Section 2000e for a judgment in its favor and against the JAC in the amount of $51,662.81 to Beverly Mundle is granted. ( signed by Judge Whitman Knapp ); Copies mailed (lam) (Entered: 06/18/1997)

NOTICE OF APPEAL by Equal Employment Opp ; from [156-1] order that The EEOC application under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e for an injunction prohibiting the Joint Apprenticeship Comm. from implementing a maximum age 22 requirement with respect to its apprenticeship program is granted, [156-2] relief The EEOC application under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e for an injunction prohibiting the Joint Apprenticeship Comm from implementing its requirement of either a high school diploma or GED with respect to its apprenticeship program is denied, [156-3] relief Back wages for Sadie Baxter, Yvette Behea, Alice Jenkins Dixon, Grace McGovern, Madeline Molina Arosemena and Cecilia Trummer be denied, [156-4] relief EEOC's application under Title VII of the Civil Rights Act of 1964, 42 UY.S.C. Section 2000e for a judgment in its favor and against the JAC in the amount of $51,662.81 to Beverly Mundle is granted., [156-5] relief . Copies of notice of appeal mailed to Attorney(s) of Record: Norman Rothfeld. *(Filed by the E.E.O.C.)*. (dt) (Entered: 08/14/1997)

NOTICE OF CROSS-APPEAL by Joint Apprent. Comm. FRom the judgment entered on the June 18, 1997. Fee pd. $105.00, rec. # 295416. Copies sent to atty of record: Louis Graziano, Esq. (as) (Entered: 08/21/1997)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [157-1] appeal by Equal Employment Opp on October 17, 1997 by DT. (dt) (Entered: 10/17/1997)

Indexed record on appeal files sent to the U.S.C.A. on October 17, 1997 by DT. (dt)

MANDATE OF USCA (certified copy) Re: remanded [157-1] appeal by Equal Employment Opp - ON CONSIDERATION WHEREOF, it is now hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and it hereby is vacated and the case is remanded to said district court for further proceedings in accordance with the opinion of this court. FOR THE COURT Carolyn Clark Campbell, Clerk by: Beth J. Meador, Adm. Attorney ISSUED AS MANDATE: 10/26/99 (rag) (Entered: 10/29/1999)

CONSENT DECREE JUDGMENT, EEOC and the JAC do hereby stipulate and consent to the entry of this Decree as final and binding between the parties signatory hereto and their successors or assigns. This Decree resolves in full all of the issues relating to any federal or state claims or administrative charges that were or could have been asserted by the EEOC through the date of the execution of this Decree, including any and all claims asserted in the action and any claims arising out of the JAC's maintenance of a maximum age or high school diploma requirement for applicants to its apprenticeship. The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. In settlement of this action, and in consideration for the benefits provided herein, the JAC agrees to the following compensation for the women and minorities who were allegedly subject to discrimination as set forth in this action. Each party shall bear its own attorney's fees and costs incurred in this action, and no Claimant shall be deemed to be a prevailing party under the law with respect to any of the issues in this action. This Decree will remain in effect for 3 years from the date of entry, at which point it will terminate by its own terms w/o further action by the court or the parties. ( signed by Judge Whitman Knapp ) Entered On Docket: 10/5/00. (kg) (Entered: 10/05/2000)

Case closed. (kg)