Barefield v. Chevron Consent Decree in Full Settlement of Lawsuit
Public Court Documents
September 13, 1990

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Brief Collection, LDF Court Filings. Barefield v. Chevron Consent Decree in Full Settlement of Lawsuit, 1990. 8cd6167e-be9a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/21b432ff-51cf-4b7b-b375-04cae6d87cc4/barefield-v-chevron-consent-decree-in-full-settlement-of-lawsuit. Accessed June 13, 2025.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ni Jj f i! 0 w [? rv tVJ i n>' 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 10448106 -1- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -2- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -3- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT » 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -4- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 4 1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -5- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -6- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -7- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 - 8- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT « 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 104*8106 -9- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -10- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 ■ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -11- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -12- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -13- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 10448106 -14- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -15- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1044B106 -16- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -17- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 104A8106 -18- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -19- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -20- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -21- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -22- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -23- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT * i t t £ S 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -24- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -25- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT ft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24 25 26 27 28 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; 10448106 -26- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT ft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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: 10448106 -27- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT ft 1 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). 104A8106 -28- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 104*8106 -29- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -30- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -31- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -32- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -33- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT h 1 2 3 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -34- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -35- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -36- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -37- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT « 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. 10448106 -38- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 X0448106 -39- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT » 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -40- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -41- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 10448106 -42- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -43- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT « 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10448106 -44- CONSENT DECREE IN FULL SETTLEMENT OF LAWSUIT