Barefield v. Chevron Consent Decree in Full Settlement of Lawsuit

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PILLSBURY, MADISON & SUTRO 
HARLAN M. RICHTER 
WILLIAM G. ALBERTI 
WARREN H. NELSON, JR.
225 Bush Street 
Post Office Box 7880 
San Francisco, CA 94120 
Telephone: (415) 983-1000

Attorneys for Defendant,
Chevron U.S.A. Inc.

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JLU SEP ! 3 1990 j

ImAAGP legal defense andFOQCATIOK'AI FHWh n-n

HENRY HEWITT 
JOHN ERICKSON
ERICKSON, BEASLEY & HEWITT 
12 Geary Street, 8th Floor 
San Francisco, CA 94108 
Telephone: (415) 781-3040

BILL LANN LEE 
PATRICK O. PATTERSON 
NAACP LEGAL DEFENSE FUND 
Suite 208
315 West Ninth Street 
Los Angeles, CA 90014 
Telephone: (213) 624-2405

Attorneys for Plaintiffs

JOHN PHILLIPS
HALL & PHILLIPS
10951 W. Pico Boulevard
Los Angeles, CA 90064
Telephone: (213) 470-2001

ANTONIA HERNANDEZ 
E. RICHARD LARSON 
JOSE ROBERTO JUAREZ 
MEXICAN AMERICAN LEGAL 
DEFENSE AND EDUCATIONAL FUND 
Eleventh Floor 
634 S. Spring Street 
Los Angeles, CA 90014 
Telephone: (213) 629-2512

Attorneys for Plaintiffs

United States District Court 

Northern District of California

)ARCHIE BAREFIELD, JR.; CORNELL )
BERT; JOHNNY COFFEE; PETE FLORES; ) 
LEON E. FRANCIES, Jr.; CLERENCE E. ) 
GORDON; SALVADOR MONARREZ; )
EULAS D. THOMAS; DeMELVIN WILLIAMS ) 
and ISMAEL GONZALES, on behalf of ) 
themselves and others similarly ) 
situated, )

)Plaintiffs, )
)vs. )
)

CHEVRON U.S.A. Inc., )
)Defendant. )

_____________________________________ )

No. C 86 2427 TEH 

CIVIL

CONSENT DECREE IN FULL

SETTLEMENT OF LAWSUIT

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I.
INTRODUCTION

A. Plaintiffs Archie Barefield, Jr., Cornell 
Bert, Johnny Coffee, Pete Flores, Leon E. Francies, Jr., 

Clerence E. Gordon, Salvador Monarrez, Eulas D. Thomas and 

DeMelvin Williams are oil field and maintenance employees 

employed in Chevron U.S.A. Inc.'s Northern California Divi­

sion ("NCD") located primarily in Kern and King Counties, 

California. On May 12, 1986, they filed this action 
alleging that defendant Chevron U.S.A. Inc. ("Chevron") 
discriminated against them and other black and Hispanic 

employees in the NCD, with respect to certain of its employ­

ment practices, and because of their race and national 

origin, in violation of Title VII of the Civil Rights Act of 

1964, as amended, 42 U.S.C. section 2000e, et seq., the 

Civil Rights Act of 1866, 42 U.S.C. section 1981 

("Section 1981") and the California Fair Employment 

Practices Act, California Government Code section 12900, et 

seq. The complaint, as amended, alleges claims for 

discrimination in promotions, training, job assignments, 

working conditions, performance and qualifications 

evaluations, hostile work environment and retaliation. 
Thereafter, plaintiff Ismael Gonzales was joined as a 

plaintiff. On September 9, 1987, the Court issued its Order 
certifying this action as a class action under Rule 23(b)(2)
of the Federal Rules of Civil Procedure. On September ___,
1990, the Court issued a further class certification Order, 
certifying the claims for compensatory damages for emotional
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distress— based on alleged discriminatory denial of 

promotion and/or hostile work environment— as class action 
claims pursuant to Rule 23(b)(3) of the Federal Rules of 

Civil Procedure. All remaining claims in this action, 

including all claims for injunctive relief, any and all 
claims for punitive damages and any and all claims for back 

pay, front pay, wages, and employee benefits of any kind 
were certified pursuant to Rule 23(b)(2).

B. The Court has jurisdiction of the parties and 

the subject matter of this action.

C. Chevron contends that it is and has been in 

full compliance with the provisions of all applicable laws, 

rules and regulations. By entering into this decree Chevron 

does not admit, nor has the Court made any determination, 

that Chevron is or ever has been in any violation of any 

law, rule or regulation. The Court has made no findings 

substantiating any of the allegations of liability made by 

the plaintiffs. All parties to this Decree enter into it in 

the spirit of compromise and to avoid the further delay, 

expense and uncertainty of further litigation. This Decree 

shall not be admissable, offered or referred to as evidence 
in any litigation, court proceedings or administrative 
proceedings. It is further agreed that any and all 
statements in Exhibit D to this Decree, and any and all 
statements in this Decree regarding job qualifications and 
source pools, are made for purposes of this Decree only and 
for purposes of settlement of disputed claims, and shall not 
be binding on Chevron, or admissable or offered or referred
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to, in any proceedings or litigation other than further 

proceedings pursuant to this Decree. Consistent with the 

foregoing and pursuant to the agreement of the parties, the 
Court having been fully apprised:

N o w ,  T h e r e f o r e ,  IT IS ORDERED,

ADJUDGED AND DECREED as follows:

II.

A. This Decree shall include and the Court finds 

the class of persons to be covered by this Decree and on 

whose behalf this action is certified under Federal Rules of 

Civil Procedure 23(b)(2) and (b)(3) to be as follows:

All current or former black and Hispanic 

persons employed as Operating and Mechanical 

("O&M") employees, or as Operations Assistants, in 

Chevron U.S.A. Inc.'s Northern California 

Division, Production Department for the Western 

Region, at any time during the period from May 12,

1983 up to and including the effective date of 

this Decree.

B. The parties have engaged in extensive 
discovery and settlement negotiations. They have now 
resolved, in this Decree, all issues between plaintiffs and 
the class members represented by plaintiffs and Chevron 
relating to the alleged acts, practices and omissions of 
Chevron, including any future effects of such alleged acts, 
practices and omissions, which were or could have been
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raised in the Third Amended Complaint ("Complaint") and/or 

which were or could have been raised by any of the plain­

tiffs, or any of the class members, in their charges or 

complaints filed with the United States Equal Employment 
Opportunity Commission, the California Department of Fair 

Employment and Housing and/or the Office of Federal 

Contracts Compliance Programs (hereinafter "Agency 

charges"). This settlement and Decree bar any claims and 

future claims, in law or in equity, of any of the plaintiffs 

and/or any of the class members which any of them may have, 
may have had or in the future may have against Chevron, its 

parent, subsidiaries, affiliates, operating companies, 

agents, officers, managers, directors and employees, arising 

prior to the final approval and entry of this Decree 

regarding racial or national origin discrimination in 
promotions, temporary promotions, relief assignments, 

training, job assignments, duty assignments, working 

conditions, compensation, performance and qualifications 

evaluations, hostile work environment, harassment, 
retaliation, emotional distress, pain or suffering, punitive 

or exemplary damages and any and all claims brought or which 

could have been brought in connection with the Complaint 

and/or Agency charges, including any future effects of the 

acts, practices or omissions therein alleged or which could 

have been therein alleged; provided that this settlement and 

Decree shall not bar, settle or otherwise affect any 

Workers* Compensation claims the named plaintiffs or any

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class member may have against Chevron pending before the 
California Workers' Compensation Appeals Board.

C. The parties intend and agree that res 

judicata shall apply to all named plaintiffs and members of 

the class represented by the named plaintiffs with respect 

to all issues of law and fact and matters of relief within 

the scope of the Complaint and Agency charges including, 

without limitation, discrimination or retaliation against 
blacks, Hispanics or blacks and Hispanics and any alleged 

"continuing violation(s )" for the period (of any part 

thereof) from the earliest date of hire at Chevron of any 

plaintiff or class member until the effective date of this 

Decree. This Decree is final and binding among the signa­
tories, their heirs, assigns and successors in interest, and 

is final and binding on all persons to whom the Court deter­
mines this Decree is applicable. Any plaintiff or class 

member so desiring may opt out of the class with respect to 

a claim for compensatory damages claim for emotional 

distress allegedly caused by discriminatory denial of 

promotion(s) and/or by hostile work environment, which 

claims have been certified in this action pursuant to 

Rule 23(b)(3) of the Federal Rules of Civil Procedure and 

are described in Section VII hereof. Any such plaintiff or 

class member opting out will not be bound by this Decree 

with respect to the compensatory damages claim for emotional 

distress referred to above, and shall not be eligible for 

the claims procedure set out in Section VII of this Decree, 

but shall be bound by this Decree with respect to all other

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claims covered by the Decree including, without limitation, 

all claims for injunctive relief, all claims for 

discriminatory denial of employment opportunities, and all 
claims for punitive or exemplary damages.

D. This Decree does not resolve and shall not be 
a defense to claims based on future alleged acts of 

discrimination by Chevron, occurring subsequent to the entry 

of this Decree, against individual black and Hispanic 

persons employed by Chevron's Northern California Division, 
Exploration, Land and Production Department for the Western 

Region (the "NCD"), or any Chevron successor organization of 
the NCD, except where such acts are required by this Decree. 

Any black or Hispanic individual who believes that Chevron 

has committed an act of discrimination against him or her 

occurring after the effective date of this Decree may pursue 

his or her claim of discrimination in any forum of proper 

jurisdiction and venue for such claim.

E. Chevron shall not be required, and this 

Decree shall not be construed as requiring Chevron, to 

violate, or take any action inconsistent with, the terms and 

conditions of its collective bargaining agreement with the 

International Union of Petroleum and Industrial Workers 

("IUPIW") applicable to the NCD, or any successor agreement 

with the IUPIW which embodies the seniority factor stated in 

Article X.C.(l), of the current agreement.

F. The affirmative action goals set by this 

Decree are good faith goals subject to the limitation and 

condition that Chevron shall have no duty or obligation to

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promote, transfer or give relief assignments to any employee 

who is not qualified for the position in question. The 
goals are not to be treated or construed as quotas that must 
be met, and no specific number of positions shall be set 

aside for black and/or Hispanic individuals. Rather, the 

goals are one factor to be considered in evaluating 

qualified candidates for promotions into job categories 

traditionally occupied by whites and other nonclass members, 

and in which there has been a manifest work force imbalance 

reflecting an under-representation of black and Hispanic 

employees. The goals do not purport to assign or imply any 

fault, responsibility or liability to Chevron, but are 

designed and implemented as a short-term measure to address 

and reduce these work force imbalances. The Court makes no 

findings against Chevron, or for Chevron, with respect to 

alleged discrimination, but does expressly find that the 

goals Chevron is implementing pursuant to this Decree are 

appropriate and lawful measures to properly address the work 

force imbalances which presently exist.

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G. Definitions:
1. The term Northern California Division ("NCD") 

refers to (i) Chevron's Northern California Division, 

Production Department for the Western Region to the extent 

of the Kern River, Taft, Cymric and Coalinga operations 

areas, the Field Services organization servicing those 

operations areas and the NCD staff organizations within the 

Production Department located in Bakersfield, California, 

such as they existed on January 1, 1990 and (ii) any 

successor organization of Chevron replacing the NCD but only 

to the extent of the same operations and functions described 

in (i) above.

2. The term "qualified" means that the person 

being judged meets Chevron's then existing selection 

criteria for the promotion, relief assignment or transfer in 

question.
3. The term "blacks and Hispanics" means the 

aggregation of blacks and Hispanics taken as a single group, 
with neither considered separately.

4. The term "availability of blacks and 
Hispanics" means the proportional representation of black 
and Hispanic employees (stated as a single percentage, i.e., 
blacks and Hispanics taken together) in each source pool 
identified in subparagraphs II.G.7. and 8.

5. The term "Area Supervisor" collectively 
refers to the following exempt positions in the NCD Kern 
River, Taft, Coalinga, Cymric and Lost Hills Operations 
Areas: Area Operations Supervisor, Area Maintenance
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Supervisor, Area Craft Supervisor, Area Facilities 
Supervisor and Area G&NG Supervisor.

6. The term "exempt category" positions as used 

in this Decree means, collectively, Area Supervisor, 
Operations Advisor and Operations Assistant positions in the 

NCD Operations areas identified in paragraph II.G.5. and 

Drilling Representative, Construction Representative,

Trainer and Environmental Specialist positions in the NCD 

Drilling, Facilities Engineering, Quality Improvement and 

ESF&H departments. Also included are future exempt 
positions hereinafter identified pursuant to paragraphs

II.G.13-15 for which the O&M jobs stated in paragraph 

II.G.7. are a potential source pool in Chevron's judgment or 

as determined by Court order pursuant to paragraph II.G.15.

7. The term "applicable O&M source pool" means 

the pool of O&M employees occupying the particular O&M job 
titles which are potential sources of employees for the 

particular promotion, promotion category, relief assignment 
category or transfer in question (in the case of transfers, 

those who occupy the designated O&M job titles, as existing 

in the NCD production department as of February 12, 1990 and 

who have submitted the appropriate application as described 

below). The applicable O&M source pools are composed of the 
following job titles:

(a) Source pool for promotions from 
nonexempt O&M positions into exempt category 
positions— Head Operator, Head Electrician, Head 
Mechanic, Electrician A, Mechanic A, Depth

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Pressure Operator (DPO) and Oilfield Operator A 

(OOA).
(b) Source pool for exempt category relief 

assignments of nonexempt O&M employees— Head 

Operator, Head Electrician, Head Mechanic, Lead 
Electrician, Lead Mechanic, Electrician A,

Mechanic A, Depth Pressure Operator (DPO) and 

Oilfield Operator A (OOA).
(c) Source pool for promotions to Head 

Operator— OOA, DPO and Mechanic A Welder.

(d) Source pool for promotions to Head 

Craft— Lead Electrician, Lead Mechanic, Mechanic A 

and Electrician A.
(e) Source pool for transfers into 

Technician positions— O&M employees who have a 

current written application on file for such 

technician jobs. Employees will be allowed to 

submit such applications at designated times (at 

least biannually).

(f) Source pool for transfers of Oilfield 
Operators into the Craft Training Program—

Oilfield Trainees, Oilfield Operator Bs and OOAs 
who have made a formal written application for 
transfer into the Field Services Training Program 
within the preceding 12 months.

8. The term "qualified O&M source pool" means 
the applicable O&M source pool less the employees therein 
who are not qualified for the type of promotion, promotion
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category, relief assignment category or transfer in 

question. In any case in which the black and Hispanic 

availability percentage is greater in the applicable O&M 
source pool than in the qualified O&M source pool determined 
by Chevron, the burden shall be on Chevron to justify its 
designation of unqualified candidates upon challenge by 

plaintiffs.

9. The term "goal" means the number obtained 

when the percentage which represents the availability of 

black and Hispanics in a particular qualified O&M source 
pool is multiplied times the total number of annual 

vacancies for which that pool was the source used to fill 

openings. A separate goal shall be calculated for each type 
of promotion, promotion category, relief assignment category 

and transfer for which a qualified O&M source pool is 

defined in paragraph II.G.8. This Decree does not, and 

shall not be construed as, creating any separate goals 

applicable to blacks or any separate goals applicable to 

Hispanics whatsoever.

10. With respect to promotion goals "vacancy" 

means an opening that is filled by promotion from the 
qualified O&M source pool. With respect to relief 
assignment category and transfer goals, "vacancy" means an 
opening that is filled by assignment and transfer from the 
qualified O&M source pool, respectively.

11. It is understood by the parties that the 
qualified O&M source pool defined herein for promotions to, 
and relief assignments in, exempt category positions is not
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the exclusive source of candidates for such promotions or 

relief assignments. Employees in other classifications and 

employees in other NCD departments— some at higher levels 
than O&M employees— are candidates for such openings, should 

they occur. In filling such openings, nothing stated in 

this Decree shall require Chevron to draw from the qualified 

O&M source pool instead of other sources. By the same 

token, it is further agreed that Chevron shall not avoid 

drawing from the qualified O&M source pool for the purpose 

of circumventing the goals established by this Decree. The 

same principles stated in this paragraph shall apply with 

respect to transfers into Craft Training and Technician 

positions.

12. It is further understood that the O&M source 

pools defined in paragraphs II.G.7(c) and (d) are the 

exclusive source pools for promotion into Head Operator and 

Head Craft, respectively.

13. Chevron shall provide plaintiffs' counsel 

with notice of any new exempt job titles created in the NCD 
after the effective date of this Decree and within the five- 

year term of this Decree to the extent such new positions 

include all or substantially all of the duties performed as 
of May 1, 1990 by Operations Assistants or Foremen in the 

NCD Operations department. In addition, after the effective 

date of the Decree Chevron shall provide such notice with 

respect to any newly-created NCD exempt job title which 

includes all or substantially all of the duties performed by 

NCD Drilling Representatives, Area Supervisors, Operations

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Advisors, Operations Assistants, Construction 
Representatives, Trainers or Environmental Specialists as of 

the effective date of this Decree.
14.(a) The notice provided for in paragraph 13 

above shall include a description of the required job duties 

and job qualifications for the new position(s) in question 

and a description of the expected potential sources of 

candidates if promotions are made into the new position(s). 

Under this Decree, plaintiffs may challenge the job 

qualifications established by Chevron for such new 

position(s) upon a showing that Chevron acted in bad faith 

to exclude class members from promotions.

14. (b) Nothing in this Decree, including the 

provisions of subparagraph (a) or the provisions of 
paragraph IV.A., shall foreclose or bar plaintiffs from 

challenging, in a separate lawsuit under applicable law, the 

job qualification^) for exempt category position(s) created 

after May 1, 1990, if (1) Chevron fills such a position 

after January 1, 1991 by promotion out of the qualified O&M 

source pool for non-exempt O&M positions and (2) the black 

and Hispanic availability percentage is greater in the 

source pool for exempt category positions than in the 
qualified source pool for such positions.

15. With respect to any such new exempt 
position(s), as defined in paragraph II.G.13 above, if 
Chevron takes the position that the O&M job titles stated in 
paragraph II.G.7 are not a potential source pool for 
promotions into the new exempt position in question,
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plaintiffs may challenge that determination under this 

Decree.

16. The term "promotion" means movement to a job 

that is higher in the job hierarchy with an accompanying 
salary or wage increase.

17. The term "effective date of the Decree" means 

the date of final entry of the Decree by the Court.

Ill.

A. Chevron shall determine the availability of 
blacks and Hispanics in each source pool defined in para­

graphs II.G.7. and 8. as of the effective date of the Decree 

and at least annually thereafter as of the second, third and 

fourth anniversary date of the Decree. The data required by 

this paragraph shall be supplied to plaintiffs' counsel 

pursuant to paragraph VIII.B. Should plaintiffs' counsel 

have questions concerning Chevron's availability analysis, 
Chevron shall, not later than 30 days after receipt of a 
written request, supply plaintiffs' counsel with necessary 

information relevant to calculating the availability 

statistics required by this paragraph, including any 

necessary information regarding the qualifications of 
blacks, Hispanics and other persons in the pools. Disputes 

involving the implementation or interpretation of this 
paragraph shall be resolved by the Court upon the motion of 
either party after a good faith effort by the parties to 
resolve any differences through negotiation.

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B. During each year the Decree is in effect, 

Chevron shall make a good faith effort to be in compliance 

with the goals established pursuant to paragraph II.G.9. of 

this Decree.
C. Chevron's obligations under paragraph II.B. 

shall be suspended with respect to promotions into Head 

Operator and/or Head Craft positions if, at the end of any 

year, the percentage of blacks and Hispanics holding those 

job titles equals or exceeds the availability of blacks and 

Hispanics in the qualified source pool (as defined in 

paragraph II.G.8) for those job titles. If Chevron's 

obligation under paragraph II.B. is suspended pursuant to 

this paragraph, the obligation shall be reimposed only if, 

at the end of any succeeding year of this Decree, the number 

of blacks and Hispanics in the position(s) in question is 

two or more below the number of blacks and Hispanics 

necessary to meet Chevron's obligations for that particular 

type of promotion, or transfer, under paragraph II.B.

Should the parties disagree, the court shall determine, 

prior to any suspension going into effect, if Chevron is 

entitled to have its obligation(s) under paragraph II.B. 

suspended. Chevron shall have the burden of proof in any 

such proceeding.
D. In any year in which the calculation of a 

goal yields a fraction of a job, that job need not be filled 
by a black or Hispanic candidate in that year. If, however, 
the job is not filled by a black of Hispanic candidate in 
that year, the fraction of a job shall be carried forward on
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a cumulative basis to the next year, or years, for purposes
of determining the goal. Similarly, where the calculation
of a goal results in a fraction of a job and the job is 

filled by a black or Hispanic, a fractional "surplus" shall 
be carried forward to the next year, or years, for purposes

of determining the goal. In the final year of the Decree,

(including any case in which the Decree is extended pursuant 

to paragraph XI.F., fractions less then .50 shall be rounded 
to zero while fractions of .50 or greater shall be rounded 

to one.
E. Chevron shall be deemed in compliance with 

this Decree's affirmative action goals if its selections do 

not fall significantly below any of the goals calculated 

pursuant to paragraph II.G.9.
F. For purposes of this Decree's promotion and 

promotion category goals, "significantly below" means that 

Chevron's selections, during the five-year term of this 

Decree, fall within four selections of the aggregated sum 

total of black and Hispanic selections indicated by all 

goals calculated pursuant to paragraph II.G.9., provided 

that upon completion of the five-year term Chevron shall be 

no more than three black and Hispanic selections below the 

aggregated sum total of selections indicated by said goals. 

In the event the term of this Decree is extended to six 

years pursuant to paragraph XI.F., Chevron shall be deemed 

in compliance if its selections fall within five selections 

of the aggregated sum total of black and Hispanic selections 

indicated by all goals calculated pursuant to paragraph

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II. G.9., provided that upon completion of the six-year term 

of the Decree, Chevron shall be no more than three black and 

Hispanic selections below the aggregated sum total of 
selections indicated by said goals. In the event the term 

of this Decree is extended to seven years pursuant to 

paragraph XI.F., Chevron shall be deemed in compliance if 

its selections during the seven year term of this Decree 

fall within seven selections of the aggregated sum total of 

black and Hispanic selections indicated by all goals 

calculated pursuant to paragraph II.G.9., provided that upon 

completion of the seven-year term of the Decree Chevron 

shall be no more than three black and Hispanic selections 

below the aggregated sum total of selections indicated by 

the said goals.
G. Notwithstanding the provisions of paragraph

III. F. above, and regardless of the duration of this Decree, 

Chevron must, to be in compliance, be within one selection 

of the sum total of black and Hispanic selections indicated 
by the goal for promotions into exempt category jobs upon 

termination of this Decree.
H. For purposes of this Decree's goals with 

respect to exempt category relief assignments, transfers 
into Technician positions and transfers into the Craft 
Training Program, "significantly below" means that Chevron's 
selections for the specific goal in question, over the 
entire term of this Decree, fall within three selections of 
the sum total of black and Hispanic selections indicated by 
the goal in question.
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I. At the end of each year the Decree is in 
effect, Chevron shall determine if the goals, as defined in 
paragraph II.G.9. and as adjusted pursuant to paragraph 
III.D ., were attained in the preceding year. The data 

required by this paragraph shall be supplied to plaintiffs' 

counsel pursuant to paragraphs VIII.B., C. and D. Should 

plaintiffs' counsel have questions concerning Chevron's 

analysis under this paragraph, Chevron shall, not later than 
30 days after receipt of a written request, supply 

plaintiffs' counsel with necessary information relevant to 

calculating attainment with the goals. Any disputes 

involving the implementation or interpretation of this 

paragraph which the parties are unable to resolve after good 

faith efforts shall be resolved by the Court upon the motion 

of either party.
J. Should Chevron, in any year, fall signifi­

cantly below any goal, or goals, Chevron shall still be 

deemed to have exercised good faith efforts and thus to be 

in compliance with the Decree if Chevron demonstrates by a 

preponderance of the evidence:

(1) that it extended bona fide offers of promo­
tion, relief assignment or transfer to a sufficient number 
of blacks and Hispanics to achieve compliance with the 
goal(s) in question had the offers been accepted;

(2) that there were an insufficient blacks and 
Hispanics in the source pool(s) in question who were "well 
qualified" for particular opening(s) that occurred within 
the job title(s) in question. Under such circumstances, any
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opening(s) for which there is an insufficient number of well 
qualified class members in the source pool shall not be 

counted as a vacancy(s) for purposes of calculating the 

goal(s) pursuant to paragraph III.G.9. This provision shall 
not be construed as excusing Chevron from meeting a goal on 

the ground that a class member was allegedly not the "best 

qualified" candidate for the vacancy in question;
(3) Operation of the Collective Bargaining 

Agreement prevented Chevron from achieving a goal. Where 

Chevron relies on the "seniority" provision of the 

Collective Bargaining Agreement as the reason for not 

achieving the promotion goal to Head Operator or Head Craft, 
Chevron shall be excused from achieving the goal only upon a 

showing that for each promotion going to a more senior 

nonclass member, the qualifications of that nonclass member 

were at least "relatively equal" to the qualifications of 

the best qualified class members who were also eligible and 

available for the promotion; or

(4) Other legitimate, nondiscriminatory reasons 

caused Chevron to fall significantly below the goal.

K. With respect to initial placements in exempt 
Operations Department jobs in connection with the 1990 
reorganization of the NCD exempt job structure, Chevron 
agrees to make good faith efforts to meet the following 
goals:

1. a goal to place at least six of the 
eight class members presently holding exempt 
Operations Department jobs ("exempt class

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members") into exempt positions in the new 

organization. All such placements of exempt class 
members pursuant to this paragraph shall be into 

any one of the job titles identified in paragraph 

II.G.6. hereof and shall involve no reduction in 
salary group for the individual being placed;

2. a goal that two of the exempt class 

members placed pursuant to paragraph III.G.l. be 
assigned to Area Supervisor positions;

3. a goal to keep five of the exempt class 

members placed pursuant to paragraph II.G.l. in 

exempt positions for a period of five years after 

the effective date of this Decree, regardless of 
subsequent force reductions which may occur 

sooner. For purposes of meeting this goal,

Chevron shall be entitled to count as continuously 

placed, exempt class members who have voluntarily 

retired or voluntarily transferred subsequent to 

the effective date of this Decree, and/or any 

exempt class members discharged for cause 

subsequent to the effective date of this Decree.

L. If Chevron does not meet the goals 
established in Part III.K., the burden shall be on Chevron 
to establish that it made good faith efforts to do so.

M. In the event Chevron is in compliance with 
the above-referenced goals and there has been a net 
reduction, subsequent to the effective date of this Decree, 
in the number of exempt NCD job positions in the Operations
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Department job titles (presently Division Manager, Area 

Supervisor, Operations Advisor, and Operations Assistant), 
then this Decree shall have the following preclusive and 

binding effect on the class:

1. Plaintiffs and/or class members who hold 

or have held NCD exempt category job positions at 

any time are barred by the this Decree from making 

any claims whatsoever in any forum, other than 
individual disparate treatment or retaliation 

claims, with respect to future placements or 

promotions of employees into NCD exempt category 

jobs during the five-year term of this Decree.

2. Plaintiffs and/or class members who hold 

nonexempt jobs, and who are not covered by 

subparagraph M.l. above, are barred by this Decree 

from making any claims whatsoever in any forum, 

other than individual disparate treatment or 

retaliation claims, challenging any future 

placements or promotions of exempt employees into 

NCD exempt category positions during the five- 

year term of this Decree.
N. Regardless of whether or not there is a net 

reduction in NCD Operations Department job positions, as 
described in III.M. above, this Decree bars the plaintiffs 
and class members from making or bringing any claims for 
disparate impact with respect to the employment actions 
covered by this Decree, i.e., (1) promotions, (2) relief 
assignments in exempt category jobs, (3) transfers into
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Craft training and/or (4) transfers into technician 
positions to the extent such claims address the period 

covered by this Decree, or any part thereof. Nothing stated 

in this paragraph, however, shall be construed as a bar to 

the claims specified and authorized by paragraphs II.G.14(b) 

and IV.B. of this Decree, or as a bar to an action to 

enforce the Decree.

IV.

A. For purposes of this Decree, Chevron shall 

have complete discretion to determine the nature, content 

and terms of the application procedures and selection 
criteria for promotions, relief assignments and transfers, 
but shall not adopt any new selection criteria or procedures 

insofar as such new criteria or procedures would be adopted 

in bad faith to thwart the opportunities of class members.

B. With respect to exempt category job types 

created in the NCD between May 1, 1990 and the effective 
date of this Decree (Area Supervisor, Operations Advisor and 
Operations Assistant), this Decree shall not bar a 

challenge, in a future and separate lawsuit, to Chevron's 

use of a job requirement or qualification which affects the 

qualified O&M source pool in the manner described in 

paragraph II.G.8., lines 2-7.
C. Chevron agrees that it shall not retaliate 

against any named plaintiff or class member for commencing 
or pursuing the above-referenced case or any claims under 
Sections VI. or VII. of this Decree.
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V.
A. Chevron, at its expense, shall mail each 

class member a notice of the pendency of this action 

("Notice"). The Notice shall be in a format agreed to by 
the parties and approved by the Court. The substance of the 

proposed Notice is attached hereto as Exhibit A. If Chevron 

does not have what it believes to be a current address for a 

class member or if the Notice is returned as undeliverable 
within 14 days of its initial mailing, Chevron shall send 
the Notice to the class member at the address, if any, 

obtained from the California Department of Motor Vehicles 

(DMV) as a result of name and driver's license or name and 

birth date search of the DMV's records. If mail to the 

class member remains undeliverable either because no address 
can be obtained from the DMV or because the Notice is 

returned as undeliverable at the address obtained from the 

DMV, no further efforts will be made to provide the Notice 
to the class member.

B. Not later than 21 days after the effective 
date of the Decree, Chevron, at its expense, shall mail a 
Loss of Promotion Back Pay Claim Form ("Lost Pay Claim 
Form") and a Compensatory Damages Claim Form to each class 
member as to whom the Notice was not returned on each 
occasion as undeliverable pursuant to paragraph V.A.

C. In the event the Lost Pay Claim Form and the 
Compensatory Damages Claim Form are returned as undeliver­
able, the envelope shall be checked for typographical
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errors, but absent such an error, no further effort will be 

made to provide the class member with the forms.
D. Class members shall have 45 days in which to 

return the completed Lost Pay Claim Form and/or Compensatory- 
Damages Claim Form to plaintiffs' counsel. The 45-day 

period shall commence on the date the Lost Pay Claim Form is 

mailed and the date of return shall be determined by the 

postmark. Failure to return the Lost Pay Claim Form and/or 

the Compensatory Damages Claim Form within 45 days shall bar 

the class member from participating in the Lost Pay 

Settlement Fund under Section VI or from seeking 

compensatory damages for emotional distress under

Section VII.
E. The Lost Pay Claim Form shall be in a format 

agreed to by the parties and approved by the Court. A 

proposed Lost Pay Claim Form is attached hereto as 

Exhibit B. The Lost Pay Claim Form shall be in a format 

whereby the class member can state under oath:

(1) that he/she is black or Hispanic;

(2) the position(s) held while employed in 

the NCD;

(3) the dates employed in each position;
(4) that he/she was interested in, but was 

wrongly denied a promotion by Chevron based on 
race or national origin;

(5) the basic facts supporting the assertion 
of discrimination, including, to the extent 
possible, the specific promotion(s) lost.

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F. The Compensatory Damages Claim Form shall be 

in a format agreed to by the parties and approved by the 
Court. A proposed Compensatory Damages Claim Form is 

attached hereto as Exhibit C. The Compensatory Damages 

Claim Form shall be in a format whereby the class member can 

state under oath:
(1) that he/she is black or Hispanic;

(2) the position(s) held while employed in 

the NCD Production Department;

(3) the dates employed in each position;

(4) that he/she has suffered emotional 

distress as a result of not receiving a promotion, 

and/or that he/she was harassed on the job due to 

race or national origin by one or more Chevron 

employees;

(5) the facts which support his/her claim of 

emotional distress resulting from not being 

promoted;

(6) the facts which support his/her claim of 
emotional distress from alleged harassment by a 

Chevron employee(s) due to race or national origin 

including time, place, circumstances and person(s) 

involved in each alleged incident of harassment;

(7) whether he/she believes Chevron foremen, 
managers or officials were aware of the race or 
national origin based harassment he/she alleges 
and the factual basis for any such belief;

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(8) the names and addresses of any health 

care professionals with whom the claimant 

conferred about the emotional distress.

G. In the event of a dispute regarding class 

member status of an individual, counsel for the parties may 

submit the issue for resolution to the Master agreed upon or 

appointed pursuant to Part VII of this Decree.

VI.

A. Chevron shall pay $800,000 in settlement of 

claims including, without limitation, back pay, front pay, 

and lost employee benefits from alleged loss of employment 

opportunities ("Lost Pay Settlement Fund").

B. Eligibility to participate in the Lost Pay 

Settlement Fund, and the amount to be received by each 

eligible participant, shall be determined pursuant to the 
following terms and conditions:

1. The time period for eligibility for 

participation in the Lost Pay Settlement Fund is May 1, 1980 

to April 30, 1986. This time period shall be divided into 

four time brackets:

(a) May 1/ 1980 to April 30, 1983

(b) May 1, 1983 to April 30, 1984

(c) May 1, 1984 to April 30, 1985

(<*) May 1/ 1985 to April 30, 1986
2. The number of promotions to exempt positions 

lost to class members during each time bracket is deemed to 
be as follows:
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Time Bracket Lost Promotions

5-1-80 to 4-30-83 4.0

5-1-83 to 4-30-84 1.4

5-1-84 to 4-30-85 2.9

5-1-85 to 4-30-86 1.7

3. Each class member who timely submits a 

completed Lost Pay Claim Form in which the member certifies 
that he/she is black or Hispanic; that he/she had an 

interest in being promoted an exempt position, that prior to 

or at the time of such interest, he/she held a position as 

operations assistant, head operator, head or lead craft, 
Craft A, depth pressure operator or oilfield operator A or 
B; and that, at the time of such interest, he/she believes 
he/she was wrongfully denied a promotion based on race or 

national origin shall be eligible to share as having lost 

the opportunity for promotion to an exempt position during 

one or more time bracket(s) as set forth below:

(a) Claimants with a hire date of December 

31, 1979 or before— time brackets B.l.(a)-(d).
(b) Claimants with a hire date between 

January 1, 1980 and December 31, 1980— time 

brackets B.l.(b)-(d).

(c) Claimants with a hire date between 
January 1, 1981 and December 31, 1981— time 
brackets B.l.(c)-(d).

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(d) Claimants with a hire date between 

January 1, 1982 and December 31/ 1982— time 

bracket B.1.(d).
(e) Claimants with a hire date of January lr 

1983 or later— no share.
4. Each claimant eligible to share as having 

lost an opportunity for promotion to an exempt position 

during a time bracket shall receive an amount for that time 

bracket which equals a constant times the number of lost 

promotions in that time bracket times an appropriate lost 
pay factor times an appropriate remoteness factor. The 

constant shall be set so that the sum of all amounts to be 

received by all claimants equals the amount in the Lost Pay 

Settlement Fund, less amounts paid pursuant to subparagraphs 

VI.B.6 and VI.B.7, infra.
5. The remoteness factor shall be deemed to be

as follows:

Time Bracket 

5-1-60 to 4-30-83 

5-1-83 to 4-30-84 

5-1-84 to 4-30-85 

5-1-85 to 4-30-86

Remoteness Factor 

7.0

6.5

5.5
4.5

6. Each class member who timely submits a 
completed Lost Pay Claim Form in which the member certifies 
that he/she is black or Hispanic; that he/she has a 
seniority date of December 31, .1975 or before; that he/she 
had an interest in being promoted to a head or lead craft 
position, a head operator position or a depth pressure
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operator position at any time on or before March 31, 1986; 
that, prior to or at the time of such interest, he/she held 

an oilfield operator A, craft A, depth pressure operator or 

lead craft position; and that, at the time of such interest, 
he/she was denied a promotion to an nonexempt position 

because of discrimination based on race or national origin; 

shall be eligible for an award of $5,000 (hereinafter 
"nonexempt award"). Notwithstanding the above, the total 

amount distributed from the Section VI fund in nonexempt 

awards shall not exceed $100,000. In the event the total 

nonexempt award eligibility of the class exceeds $100,000, 

each eligible class member shall receive his/her pro rata 

share of the $100,000.

7. Each class member who timely submits a 

completed Lost Pay Claim Form in which the class member 

certifies that he/she is black or Hispanic and that he/she 

had an interest in being promoted, but who is not entitled 

to an award pursuant to paragraphs VI.B.4-6, shall receive a 

lost pay. award of $500 (hereinafter "minimum award"), 

provided that class members who would have been entitled to 

an award of between $0 and $499 pursuant to
paragraphs VI.B.4-6, shall also receive the minimum award in 
lieu of any award pursuant paragraphs VI.B.4-6. 
Notwithstanding the above, the total amount distributed from 
the Section VI fund in minimum awards shall not exceed 
$50,000. In the event the total minimum award eligibility 
of the class exceeds $50,000, each eligible class member 
shall receive his/her pro rata share of the $50,000.
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VII.
A. Chevron shall pay $730,000 into a settlement 

fund for settlement of the compensatory damages claims for 

emotional distress of the named plaintiffs and class members 

alleging emotional distress from alleged loss of promotional 

opportunities and/or alleged hostile work environment 

harassment based on race or national origin ("Compensatory 

Damages Fund"). Plaintiff Ismael Gonzales shall not 

participate in this fund but shall receive $20,000 from 

Chevron in settlement of any and all compensatory damages 

claims he may have for emotional distress and in exchange 

for a general release of claims and covenant not to sue to 

be executed by Mr. Gonzales. In the event that any of the 
remaining named plaintiffs opts out of the Compensatory 

Damages Fund pursuant to paragraph II.C. of this Decree, the 

Compensatory Damages Fund shall be reduced by the amount of 

$20,000 per opt out, up to a maximum reduction of $40,000.
B. Distribution of the Compensatory Damages Fund 

shall be made in binding arbitration before a Special Master 
(Master) who shall be selected by the parties. If agreement 
on a Master cannot be reached, the Master shall be appointed 
by the Court. The Master shall receive a copy of this 
Decree and shall have final, nonreviewable authority to hear 
and decide all claims for emotional distress damages. The 
cost and expenses of the Master shall be paid 50% by Chevron 
and 50% out of the Compensatory Damages Fund, except that in

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no event shall the contribution from the Compensatory 
Damages Fund exceed $5,000.

C. The following procedures and guidelines shall 

govern claims for emotional distress damages. To be prima 
facie eligible for emotional distress damages from lost 

promotion(s), a claimant must have sought and been found 

eligible to recover an award from the Lost Pay Settlement 

Fund pursuant to paragraphs IV.B.4-6.

1. To recover emotional distress damages from 

lost promotion(s), an eligible claimant must: (a) identify 

a specific promotion opening(s) which the claimant alleges 
was discriminatorily denied to him or her and (b) prove to 
the satisfaction of the Master that denial of the 

promotion(s) so identified proximately caused the claimant 

emotional distress.

2. Where an eligible claimant has satisfied the 

requirement of paragraph VII.C.1(a) above, Chevron shall not 

contest the issue of alleged denial of the promotion, but 
may contest the issue of resulting emotional distress by 

establishing, by a preponderance of the evidence, that the 

claimant's alleged perception that he/she was 

discriminatorily denied the promotion(s) in question was 

unreasonable. Chevron may also introduce other evidence 

tending to show lack of proximate causation; and/or lack of 

damages (injury).

3. All claimants who timely submit completed 

compensatory damages claim forms alleging emotional distress 

damages from an alleged hostile work environment shall be

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eligible to pursue such claims. To recover emotional 

distress damages for a hostile work environment, an eligible 

claimant must prove to the satisfaction of the Master that 

(i) the harassment complained of was based on his/her race 
or national origin, and (ii) it was pervasive enough so as 

to alter the conditions of employment and create an abusive 

work environment. The Master shall also consider whether 

Chevron is legally responsible for the harassing employee's 
conduct by virtue of respondeat superior. In considering 

the sufficiency of the showing on the above elements, the 

Master shall be guided by the rules of decision stated in 
Exhibit D hereto.

4. For each compensatory damages claim, the 

Master shall review and consider the Compensatory Damages 
Claim Form, the testimony of the claimant and any 

documentary evidence introduced by the claimant or Chevron. 

No other testimony or evidence shall be admissible, except 

that where the Master deems it relevant and appropriate to 

the claim before him/her, testimony and evidence received in 
connection with other class members' claims brought pursuant 

to Section VII may also be considered.

5. The claimant may, but is not required to, be 
represented by an attorney (Claimant's Representative). 
Chevron may also participate in the hearing through its 
representative or legal counsel (Chevron Representative).
The Chevron Representative shall be entitled to introduce 
documents and pose questions to the claimant regarding the 
claim but shall not call any witnesses. The claimant and
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Chevron, or their respective representatives, shall be 
allowed to make closing statements. No opening statement 
shall be allowed, nor shall any written briefs be accepted. 
The hearing on each claim shall be completed in no more than 

two hours, absent extraordinary circumstances or stipulation 

by the claimant and Chevron.

6. The admissible "documentary evidence" for 

purposes of paragraph VII.C.4. shall be limited to any 
declarations on file with the Court in this action 

(excluding all pleadings, briefs and legal memoranda), 

documents from NCD files produced in discovery in this 

action, workers compensation file documents, medical reports 

and evaluations pertaining to the claimant, his/her 

condition or course of medical treatment, declarations by 

medical experts, deposition excerpts, and correspondence and 

memoranda between the claimant and Chevron management or 

personnel. Interrogatory answers provided under oath in 

this action by the parties shall also be received in 

evidence. All evidence shall be given the weight the 

Master, in his/her discretion, determines to be appropriate. 

All documentary evidence must be received by the Master at 
least 48 hours prior to the hearing, at which time the 
Master will make the documents available for inspection by 
the claimant and Chevron. No documents created subsequent 
to that time or not provided to the Master at that time 
shall be admitted.

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7. Although not a prerequisite to recovery, 

convincing corroborating medical evidence of emotional

distress shall be given substantial weight by the Master.

8. If the Master decides that the claimant 

suffered emotional distress as the proximate result of not 

receiving a promotion and/or as a proximate result of being 
subjected to a hostile work environment due to race or 

national origin, the Master shall make a single, preliminary 

award of damages to the claimant. Such awards shall be 

limited to damages for severe emotional distress injury 

only. No amounts for back or front pay, employee benefits, 

wages or compensation of any kind, punitive or exemplary 
damages, or medical expenses or costs, or any amounts 

recoverable in workers' compensation proceedings shall be 

awarded from this fund.

9. If the total of all preliminary awards for 

emotional distress damages is equal to or less than the 
amount of the fund, each claimant shall receive the amount 

of his/her preliminary award. The Master shall be under no 

obligation to award the entire fund. Any unawarded amount 

shall revert to Chevron.

10. If the total of all preliminary awards for 
emotional distress exceeds the amount of the fund, each 
successful claimant shall receive his/her pro rata share of 
the Compensatory Damages Fund based on the amount of his/her 
award as compared to the total of all awards.

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VIII.
A. Applicable Source Pool Reports.
1. Within 60 days after the effective date of 

the Decree, Chevron shall submit to plaintiffs' counsel a 

report which shows:
(a) The total number of persons in each 

source pool defined in paragraphs II.G.7. and 8. 

as of the effective date of the Decree.
(b) The total number of blacks and Hispanics 

in each source pool defined in paragraphs II.G.7 

and 8 as of the effective date of the Decree.

2. If the percentage of blacks and Hispanics in 

a particular qualified source pool is one percentage point 
or more below the percentage of blacks and Hispanics in the 

applicable source pool, then Chevron shall provide 
plaintiffs' counsel a complete explanation of the reasons 

for the differential.

3. Within 20 days after the end of each of the 

first four years (or if extended, the fifth and sixth years) 

that the Decree is in effect, Chevron shall supply the 

reports required by paragraph VIII.A.1. (except that the 

data shall be as of the first day of the year, not the 

effective date of the Decree) and, if necessary, the 

information required by paragraph VIII.A.2.

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B. Annual Promotion Vacancy Filling Reports.

1. Within 45 days after the end of each year the

Decree is in effect, Chevron shall submit to plaintiffs' 

counsel reports which show for the preceding year:

(a) the total number of positions filled for 

which a qualified O&M source pool was the source 

of candidates. These data shall be supplied 

separately for each source pool.
(b) the job title and job location of each 

position filled for which a qualified O&M source 

pool was the source of candidates.

(c) the number of positions for which a 
qualified O&M source pool was the source of 

candidates which were filled by blacks and 

Hispanics.

(d) the job title and job location of each 

position filled by blacks and Hispanics.

C. Annual Relief and Field Service Training 

Assignment Reports.
1. Within 45 days after the end of each year the 

Decree is in effect, Chevron shall submit to plaintiffs' 

counsel reports which show for the preceding year:

(a) the total number of exempt relief 
assignments and the total number of field service 
training assignments (stated separately) filled 
for which a qualified O&M source pool was the 
source of candidates.

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(b) the job title for each relief assignment 
filled.

(c) the number of relief assignments and 
field service training assignments (stated sepa­

rately) for which a qualified O&M source pool was 

the source of candidates which were filled by 
blacks and Hispanics.

(d) the job title of each job assignment 

filled by blacks and Hispanics.

D. Annual Technician Transfer Report.

1. Within 45 days after the end of each year the 

Decree is in effect, Chevron shall submit to plaintiffs' 

counsel reports which show for the preceding year:

(a) the total number of transfers into 

Technician positions by O&M employees who applied 

(see paragraph II.G 7.f) for such transfers.

(b) the total number of class members who 

received such transfers.

E . Annual Work force Reports.

1. Within 90 days after the effective date of

the Decree and within 45 days after the end of each year the 

Decree is in effect, Chevron shall supply reports to plain­

tiffs* counsel which show for each job listed in subpara­

graph (c) hereof:

(a) the total number of persons employed on 
the effective date of the Decree or at the end of 
the year.

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(b) the total number of blacks and Hispanics 
employed on the effective date of the Decree or at 
the end of the year.

(c) Head Operator, Head Electrician, Head 

Mechanic, Lead Electrician, Lead Mechanic, Depth 

Pressure Operator, Technician, Oilfield Operator 

A, Electrician A, Mechanic A, Mechanic A Welder.

IX.

A. The parties agree that all reports and 

information supplied to plaintiffs pursuant to this Decree 

shall be treated by plaintiffs as strictly confidential, 

shall not be disclosed to any third parties or entities of 

any kind, and shall be used solely and exclusively for 
purposes of monitoring, or seeking enforcement of, the 

obligations established by this Decree. It is further 

agreed between plaintiffs, the class plaintiffs represent 

and Chevron, that any and all damages formulas and/or 

recognition or allocation of lost promotions or other 

employment opportunities referred to in this Decree have 

been agreed upon for purposes of compromising disputed 

claims only and are not and shall not be used, or construed 

as, evidence of any kind for any purpose other than those 

expressly authorized in the claims procedures established in 

Sections VI and VII hereof.

B. No claimant shall receive any award from any 

of the lost pay and/or compensatory damages funds 

established in this Decree, prior to executing a release of

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claims in the form attached hereto as Exhibit E. Under the 
following circumstances, said form of release shall be 

modified to exclude claims for compensatory damages for 

emotional distress based on alleged discriminatory denial of 
promotion and/or hostile work environment: (i) in the case 

of any named plaintiff or class member who opts out pursuant 

to paragraph II.C., or (ii) in the case of all named 

plaintiffs and class members if Chevron terminates 

Section VII of the Decree pursuant to paragraph XI.G.

Failure to execute the required release pursuant to this 

paragraph shall in no way insulate or exclude a named 

plaintiff or class member from the binding and res judicata 

effect of this Decree, and its resolution and extinguishment 
of claims, as stated in paragraph II.B. hereof.

X.

Pursuant to paragraph I.C. of this Decree, any and 
all claims of plaintiffs, their attorneys and the class they 

represent, for attorneys' fees and costs in this action, are 
hereby fully and finally discharged on the terms and 

conditions set forth in Exhibit F to this Decree.

XI.

A. Upon the written request of either party and 

before any matter is presented to the Court for resolution, 

the parties shall meet and confer with respect to any issues 

regarding the interpretation, application or alleged 

breaches of this Decree. Unless time is waived by the

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requesting party, the meeting shall take place not later 

than 20 days after the date the request is made. 

Notwithstanding the provisions of this paragraph, a party 
may present a matter to the Court without the prior meeting 

contemplated by this paragraph if the facts could reasonably 

be construed to support the issuance of a temporary 

restraining order ("TRO") or preliminary injunction, in 

which case the procedural rules applicable to such TRO or 

preliminary injunction proceedings in this Court shall 

apply.
B. If issues are not resolved pursuant to para­

graph XI.As the parties may, upon a showing of reasonable 

cause to the Court, undertake discovery concerning the 

disputed issues.

C. Any additional interpretations and/or 

applications of this Decree agreed to by the parties shall 

be reduced to writing and filed with the Court. Upon 

approval by the Court, such agreements shall be deemed 

supplements to this Decree.

D. If the plaintiffs and Chevron are unable, 

after good faith efforts, to reach agreement on a disputed 

issue, then either the plaintiffs or Chevron may move the 

Court for an order resolving the disputed issue.

E. The Court shall retain jurisdiction for 
purposes of adjusting and resolving any conflict(s) which 
arise between the purpose and/or operation of the goals 
established by this Decree in paragraph III.G.9. and the 
legitimate interests of nonclass members employed in the
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NCD. Any such nonclass member who believes his or her 
legitimate interests have been unfairly and adversely 

affected by the operation of the goals, or that he or she is 
otherwise aggrieved by application or operation of the 
goals, may submit such claim to the Court for review. The 

Court shall have authority to adjust and resolve any such 

conflict(s), as required, and consistent with applicable 
federal equal employment opportunity law, including 

relaxation, suspension, waiver or removal of a goal or goals 
if appropriate. Any such claim(s) by nonclass members may 
be filed directly with the Court or through Chevron's Human 

Resources Manager in Bakersfield, California, who shall 

forward any such claim(s) to the Court. Notice of any such 

claim(s) shall be given promptly to plaintiffs' counsel, and 

plaintiffs shall be afforded a full opportunity to respond 
to such claims.

F. This Decree shall terminate five years from 

its effective date, and shall not be extended provided that: 

the term of the Decree may be extended for a period not to 

exceed two additional years if the Court finds that Chevron 

has not exercised good faith efforts in the preceding year 

to meet the goals established herein. The Court shall 

retain jurisdiction after the fifth year, for the sole 

purposes of hearing and deciding a motion to extend the term 

of the Decree based on an alleged failure to exercise good 

faith efforts in the fifth year, and/or to adjust any 

unresolved claims filed pursuant to paragraph IX.E.

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G. Chevron shall have the right to terminate
Section VII of this Decree, and all obligations thereunder,
on or before ______________, 1990. In the event of such a

termination of Section VII, this Decree shall remain in 
force in all other respects and shall fully and finally 

resolve all claims pursuant to Section II.B. hereof with the 
exception of compensatory damages claims for emotional 
distress based on alleged discriminatory denial of promotion 
and/or hostile work environment, which shall proceed as a 

Rule 23(b)(3) action in this Court.
Dated: March __, 1990.

HENRY HEWITT 
JOHN ERICKSON
ERICKSON, BEASLEY & HEWITT 
12 Geary Street, 8th Floor 
San Francisco, CA 94108

By ____________________________
Attorneys for Plaintiffs

Dated: March __, 1990.
BILL LANN LEE 
PATRICK 0. PATTERSON 
NAACP LEGAL DEFENSE FUND 
Suite 208
315 West Ninth Street 
Los Angeles, CA 90014

By ____________________________
Attorneys for Plaintiffs

Dated: March __, 1990.

JOHN PHILLIPS 
HALL & PHILLIPS 
10951 W. Pico Boulevard 
Los Angeles, CA 90064

By _______________________ ___
Attorneys for Plaintiffs

Dated: March __, 1990.
ANTONIA HERNANDEZ
E. RICHARD LARSON
MEXICAN AMERICAN LEGAL
DEFENSE AND EDUCATIONAL FUND
Eleventh Floor
634 S. Spring Street
Los Angeles, CA 90014

By_______________________

Attorneys for Plaintiffs

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Dated: March __, 1990.

PILLSBURY, MADISON & SUTRO 
HARLAN M. RICHTER 
WILLIAM G. ALBERTI 
WARREN H. NELSON, JR.
225 Bush Street 
Post Office Box 7880 
San Francisco, CA 94120

William G. Alberti
Attorneys for Defendant, 
Chevron U.S.A. Inc.

It is so ORDERED.
Dated: March , 1990.

Thelton E. Henderson 
United States District Judge

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