Johnson v. The Goodyear Tire & Rubber Company Appendix Vol I
Public Court Documents
September 17, 1969 - February 7, 1973
Cite this item
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Brief Collection, LDF Court Filings. Johnson v. The Goodyear Tire & Rubber Company Appendix Vol I, 1969. 12e2f42e-b99a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/4617aa20-79a3-4530-b323-38f03006555a/johnson-v-the-goodyear-tire-rubber-company-appendix-vol-i. Accessed May 20, 2025.
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IN THE
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NO. 73-1712
R. L. JOHNSON, et al.,
Plaintiffs- Appellants,
THE GOODYEAR TIRE & RUBBER COMPANY,
and INTERNATIONAL UNION OF
OPERATING ENGINEERS, AFL-CIO, LOCAL
UNION NO. 347,
Defendants-Appellees.
Appeal From The United States District Court For The
Southern District of Texas, Houston Division
APPELLANTS' APPENDIX
Volume I, pages la - 337a
GABRIELLE K. MCDONALD
MARK T. MCDONALD1834 Southmore Blvd.
Suite 203
Houston, Texas 77004
JACK GREENBERG
WILLIAM L. ROBINSON
C. VERNON MASON
MORRIS J„ BALLER
10 Columbus Circle
Suite 2030
New York, N.Y. 10019
ATTORNEYS FOR PLAINTIFFS-
APPELLANTS
INDEX
Docket Entries ....... ............................. la
Complaint, filed September 17, 1969 ............... 7a
Answer of Defendant Goodyear Tire & Rubber
Company filed October 14, 1969 .................... 10a
Motion To Substitute Counsel, filed June 3, 1971 ... 14a ^
Plaintiffs' Motion For A Continuance, filed in
Duplicate July 8, 1971 ..................... ....... 16a
Plaintiffs' Motion To Join Party Defendant, filed
in Duplicate, July 8, 1971 ........................ 18a
Motion of International Union, etc. in CA-71-H-1027
For Consolidation, filed October 14, 1971 ......... 23a
Order granting Plaintiffs' Motion To Join As A
Party Defendant, Local 347, International UnionOf Operating Engineers, AFL-CIO, October 19, 1971... 26a
Plaintiffs' First Amended Complaint, filed
October, 1971 ...................................... 27a
Order Granting Defendants Motion To Consolidate
signed and filed October 27, 1971 ................. 34a
Answer of defendant International Union, filed
November 10, 1971 ................................. 3 5a
Order Granting Plaintiffs' Application For a
Preliminary"Injunction, filed November 19, 1971 .... 39a
Defendant Goodyear Tire & Rubber Company's
Amended Answer filed December 13, 1971 ............ 41a
Memorandum Opinion filed August 10, 1972 .......... 43a
Judgment entered November 20, 1972................. 70a
Notice of Appeal by Plaintiffs filed (Consolidated
CA 71-H-1027) , December 18, 1972 .................. 75a
Notice of Appeal by Defendant Goodyear Tire & Rubber
Co., filed December 29, 1972 ...................... 77a
Notice of Appeal by Defendant International Union
Of Operating Engineers, filed January 2, 1973 ..... 79a l
l
Order granting an Extension of time for filing the
Record on Appeal, filed February 7, 1973 ................ 81a
Trial Transcript ......................................... 82a
Plaintiffs Exhibits: (also A,8,0,0)
Charge of Discrimination filed by R.L. Johnson with
Equal Employment Opportunity Commission dated 5-4-67 .... 717a
Decision of the Equal Employment Opportunity
Commission dated 10-23-68 ............................... 718a
Notice of Right to Sue within 30 days received from
Equal Employment Opportunity Commission by R.L.
Johnson, dated 8-18-69 .................................. 723a
EEO-1 Reports of the Defendant Goodyear Tire & Rubber
Co., Synthetic Rubber Plant, Houston, Texas dated
12-15-66; 3-24-67; 3-22-68; 5-16-69; 11-30-70 ............. 724a
Total New HireesOf the Defendant Goodyear Tire and
Rubber Co., Synthetic Rubber Plant, Houston, Texas
from 12-1-69 through 11-30-70 ........................... 734a
Wage Rates for the period covering 7-2-65 through
7-26-71 .................................................. 738a
Guidelines on Testing and Educational Qualifications
promulgated by the Equal Employment Opportunity
Commission 29 CFR 1605 .................................. 749a
Statistical Data on Years of Education completed by race:
(a) Civil Rights in Texas, A Report of the
Texas Advisory Committee to the U.S. Commission
on Civil Rights, February, 1970, p.4 ................ 757a
(b) The Social and Economic Status of Negroes
In The United States, 1969 jointly prepared by
the United States Department of Labor and
Department of Commerce, p.51 ....................... 760a
(c) Population Characteristics, 1969 prepared
by the United States Department of Commerce ........ 762a
Labor Contracts between the defendants - joint exhibit
- See Defendant Companys1 Exhibits at 824a & 896a
Chart for Black Employees, Showing Name, Continuous
Service, Divisional Seniority, Initial Job Classi
fication, Present Job Classification, Present Job
Rate, Tests and Scores and Educational Years ............ 768a
Chart for White Employees, Showing Name, Continuous
Service, Divisional Seniority, Initial Job Classi
fication, Present Job Rate, Tests and Scores and
Educational Years ....................................... 777a
Summary Sheet for Black Employees hired pre-1957 ........ 801a
Summary Sheet for White Employees hired pre-1957 ........ 802a
Summary Sheet for Black Employees hired since 1957 ...... 803a
Summary Sheet for White Employees hired since 1957 ...... 804a
Summary Sheet for Total Employment of Blacks ............ 805a
Summary Sheet for Total Employment of Whites ............ 806a
Test Scores of Employees hired after 1956 ............... 807a
Black Employees placed in departments other than
Labor from 1962 through 12-10-71 ........................ 817a
Blacks hired into Labor initially from 1957 through
1971 ..................................................... 819a
C. Lyon's Refusal ..................................... 820a
Whites placed into departments other than Labor
from 1962 through 12-10-71 ................................ 821a
Whites hired into Labor from 1957 through 1971 .......... 822a
Employees hired after 1956 ............................... 823a
Defendant Company's Exhibits :
Labor Contract between the Goodyear Tire and Rubber
Company and IOUE Local No. 347, 1967 .................... 824a
ILabor Contract between the Goodyear Tire and Rubber
Company and IOUE Local No. 347, 1970 .................... 896a
Production - Divisional Seniority and Classification
1967 ..................................................... 959a
Production - Divisional Seniority and Classification
1969 .................. .................................. 983a
Production - Divisional Seniority and Classification
1971 .......................... .................... 1008a
Affected Class - Minority Employees Now Employed
Who Were Hired Prior to September 7, 1965 ............... 1035a
Corrected Minority List (Negroes only), 1971 ............ 1049a
Transfers to Production, 1968 ........................... 1056a
Results of 1969 Survey of Labor Department Employees
Hired Before 1957 ....................................... 1070a
Minority Employment by Operating Engineer Seniority
Groups As of December 11, 1971 .......................... 1093a
Employees as of July 1, 1971, who Entered Operating
Engineer Seniority Groups from July 14, 1962 Through
April 27, 1971 by Transfer or Hiring .................... 1094a
Current Employees Who Entered Operating Engineer
Seniority Groups from January 1, 1962 Through
December 12, 1971 By Transfer or Hiring ................. 1095a
Transfer Card ............................................ 1096a
The Wingfoot - Goodyear's Publication for March-April
1962 ..................................................... 1097a
Transfer to Production, L. Brown ........................ 1098a
Employees Rate Cards (Black Employees) ................... 1103a
Employees Rate Cards (White Employees) ................... 1161a
Flow Chart of the Plioflex Cold Rubber Process .......... 1290a
11.6.70 Letter from F.L. Vanosdall to Paul Teague ....... 1291a
9.7.71 Letter From F.L. Vanosdall to Paul Teague ........ 1293a
Affected Class (List of Employees now Employed Who
Were Hired Prior to September 7, 1965) .................. 1294a
11.8.71 Letter from F.L. Vanosdall to Members of
the Affected Class ...................................... 1295a
10.29.71 Notice Posted in the Production Department ..... 1296a
11.8.71 Notice Posted in the Production Department ...... 1297a
Defendant Union's Exhibits;
10.22.70 Letter from Paul Teague to F.L. Vanosdall ...... 1298a
1970 Union Contract Proposals ............ „.............. 1300a
1967 Union Contract Proposals
1964 Union Contract Proposals
jL308a
1316a
Report of the Hearing of the 6.17.70 Arbitration
Board Regarding the Discharge of J.J. Long ............... 1321a
Arbitrator Howard W. Wissner's Decision in 1967 .......... 1336a
7.24.70 Labor Agreement Between Defendants Goodyear
and Local 347 (Same as Defendant Co's Exhibit at 896a)
7.13.71 Letter from B.A. Rossiki to Guy W. McCarty ....... 1344a
10.29.71 Letter from V.R. Burch, Jr., to William
N. Wheat .................................................. 1346a
11.9.71 Letter from V.R. Burch, Jr. to William N.
Wheat ..................................................... 1347a
v
O 11 „ O O Q CONSOLIDATED WITH CA 71-H-1027
“ • c. ifcA U and carried under CA 69-H-899 Ju<l£e JAMES N O E L ,
S V -.. D O C K E T C-C&atei: //•«?<!• "79- CARL 0. BUE, JR.
T ITLE OF CASE ATTORNEvs
R.L. JOHNSON, | For RU,»;,r.pHIIjLIp sx
VS ! Suite-500-711-MAIN
THE GOODYEAR TIRE & RUBBER CO. ; --HOUSTON , TKX-,— / 1002 CA-2-
SYNTHETIC RUBBER PLANT, jGabrielle K. MeDona
LOCAL 347,INTERNATIONAL UNION OF OPERATING ! Jr&34^outteHere--Bl-vd
!Houston, Texas 770ENGINEERS, AFL-CIO (joined 10/19/71) | For Defendant: 3ak;er , foi
i Sherhhrd & Coates !
Burch. Jr..) "-r-r
j Houston, 2, Texas
BASIS OF ACTION:VIOLATION OF CIVIL RIGHTS, PERTAINING j
TO EMPLOYMENT PRACTICES, 1 William N. Wheat
715 Houston Citizen
JJld z r-f —Hou s tonTex
--- — — ---------------- 1 for deft. Union
JURY TRIAL CLAIMED
ON
DATE
1 9 6 9 —
| PLA IN TIFF’S ACCOUNT RECEIVED DISBURSED
|
DATE j DEFENDANT’S ACCOUNT RECEIVED i Dl
i9 - 1 7 - 6 9
lj ̂ r ijy U. , Lr I G unc ccMcCleary, 1 15L00 j | 1-4-73: Baker-3otts j
/- *7 1 1 /-"/Ir-'O Notice of Appeal | 5.00 1
//-> V , ! X'Btn <n /-/<?'7-’ /- j? Bi i
r' t- /'; r.--. tjr .. . ( c I r ------ 1
h-x> 7> P.&t-x/'' 1 1 s
0 p i ~
1-2-73 W.N: Wheat-No tied Iof Appeal 5 j00 1
^ /- B 1 .6' I I
1 1 1 | I 1 ■i ! 1 ! ! 1 • 1 I1 : i—
I i i i , i j j
—1 - ■ | 1 • ; 1 || 1 i ! i
_____i___ i ! ! ’! I ! ' i
a b s t r a c t o f c o s t s
TO WHOM DUE AMOUNT
RECEIPTS. REM ARKS. ETC.
D
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tt rs r \ <~viJ u , • ; i U 1/
I •
DATE
1969
FILINGS—PROCEEDINGS
AMOUf
REPORTE
EMOLUM
RETUR
IT
a in
ENT
NS
9-17-69 COMPLAINT, filed in dup. 1 -d
n n SUMMONS ISSUED
0-3-69 SUMMONS RETD. & FILED (EXECUTED 9-24-69) ---.— 2
10/14/69 Deft.'s Answer. filed. 3-d hi 5
H_6-7oj Transferred to Judge C3rl 0. Bue, Jr
7_6_71 j (COB) Motion to substitute c ounsel and o-'der thereon filed.
I and order entered _____ _____________________ —
7-9-71 j Plaintiff's motion for continuance filed in duplicate____________j_
i 1 ? i r . 5:
hi/
ti
1.0/14/71
' j.? 3.1
MOTXON o f T n fp r n ^ t - 11 . Uni' o n , e t c . i n C l 7 1 - 1 - 1 0 2 7 _________
Consolidation, filed. (Oral hearing 1Q/2S/71, requested)
.0/19/71 j "Plaintiff' s MOTION t.o Join as a Party Defendant, hocnl 347,
.0/20/71 :
International Union of Ooeratinq Engineers, AIT,-CTO, is
-flPTUPThO-r"— ( o a r L ie •=—n o t i f x n f t ;— rlo V ---------t o r n . ! . • • . . . . . , , . -Plaintiff's FIRST AMKNDKP COUPI.-AINT (lo.ininrr Tonal. 347, e~c)
filed. SUMMONS issued for service on C. R. lowrey,Jr.,Pres.
) f \j< )(jri r— 3^7 , t-i 1:U J . UO V.O .I. . . .i q -06-71 jpeft. Memorandum :n Ounnort of Motion to Jisj'isŝ riled.
)/27/71 I (J V S ) 0RDER_of CONSOLIDATION this case conr.o 1 idated_w 1th_
CA 71-H-1027, signed & filed. (Case to be carried under this
-number- CTr 69-K-899) ~~(pa rtl e s~nbtlf ied by c/cT rTo)
U - Z
L2L
10
XT
11/3/71 I Plaintiff1s Memorandum of Points and Authorities in Sunnprt_of_
; the Jurisdiction of the court, filed. ______________________ !_ 12
/;/
i: ?y
l cJ L
11-12-71
cn C.K.Lcwery,Jr. filed. 13
70-73. on Goodyear Tire 8:
T-nnorhll -riled. __l4._
filed in dunlicate 15 Y -Z i
's Appl. for Prelim. Inf. lo-d t i l
.n for Prelim. InJ. filed 17-d 7//
r nre 1 imiiiary injunction.
i:ut ju'i't.tn Evidence heard.
1? /l 5 / 7 11 Plaintiff's First. '£nterro,~atoi*1 es to Defendant Oocdyeo r Tire ft
P.ubbf r Coi.it-ny _Pursnr nt to Mule_3.
r .e . r .T T r r. * 1(COB) Order grant!
''..-12-71 Pr.rtj.es notified
!.!•• i >?! P‘rlt to serve cry
13 ..o •• _7 : p.nr.d f - r. roi it.; 1 r •
‘.n/h . I f 1j f entire
1 /
o i *7 . / ‘
________1L1
77/
I
77
-.' i t
■)
J 1
c :
1 Page 2.
civil d o c k e t 69-H-899 -Consb'l. 71-H-1027
,7 ,♦«
12/2/71
12/7/71
12/13/71
FILINGS—PROCHCOINGS
1 Judge Bue.
CLERK ’S FEES A Mi'
n r p o u i
E MOLl.PLAINTIFF | DEFENDANT RCTli
Writ , Ret. & filed. Ex.52/ 11/22/71. 21.
Reporter's Transcript of Proceedings Before Judge Bue I f U >■
on N o vember 12, 1971> filed. 22.
P1aintlff1s Proposed Findings of Fact, filed. J ? 3 .
Deft .Goodyear Tire fc Rubber Co.'s Amended Answer filed,.._2U
AFL-CIO.Local Union No.34.7'a.Proposed Findings of.Fact and __
conclusions of Law, filed. - 25:__ Of,
~—L
12/13/T1 Defendant The Goodyear Tire & Rubber Co.'s Proposed
Findings of Fact and Conclusions of Lav., filed. 26’ ‘7,, V/., /
12/13/71 Deposition of Paul Teague, filed. 1 27
12/13/71 Deposition of R. L. Johnson, filed. . 28
12/13/71 Deposition of Benjamin A. Rosinski, filed. 29
12/14/71 Defendant International Union of Operating Engineers'
Pre-Trial Memorandum, filed. 30 7/
12-15-71 Joint nretrial order filed 31 •1 *7// / /
12-15-71 (COB 1 Order first days hearing before the cou rt entenid
12-16-71 Order second days trial before the court entered
12-17-71
iOrder third days hearing before the court entered-
12-20-71 Order fourth days trial before the court entered (Coneluded )
Briefs to be filed by Jan. 17, 1972. Reply bpiefs to
be filed by Jan. 24, 1972.
12-20-71 Exhibits filed with case papers 32
1 /I 7/72 npfpndnnt fnir.nsnv ' s Post -Hearing Memorandum, filed 33 ?//
1/17/72 Defendant Union's Post-Trial Memorandum of Po Lnts and
Authorities, filed. __ ...
1
___1— 34_
1/17/72 Plaintiff's Post Trial Brief filed in Duplicato. _35 . :/-■/
1/27/J2 Defendant Comcnnv's Reply to Plaintiff's Post Trial. _ j
Brief, filed. . 3?._i._
1/27/72 Plaintiff's Reply to the Defendant Company's Post- j I 1
Bearin'.: Memorandum, filed. 37. • ' i 7 /
2/3/72 _
- ....... 1
Plaint iff(r. Motion. for_Speci f.lc_ Performance, J'/D.2/1,4/72. 38.. /•»
2/18/72. .Defendant Company's Reply in .CpF03iti.cn to Plaintiff '_s .'otio
for Specific Performance, filed. ..39-
/ c-:I / | J- .-.•iv.v/ur:." .7 : • • i.-.nSc -ity r.ni Joe ;,l3 1 J
1 rovisin:-. . fil-P ............... •tO. /A->
2-10-7: • 47
3cU
DATE FIL1NOS—PROCEEDINGS
C LERK 'S FEES AMOUNT
REPORTED IN
PLAINTIFF
L
DEFENDANT
EMOLUMENT
RETURNS
L 1 / 6 / 7 2 Plaintiff's Statement in Support of His Proposed Judp;me lit, file a .
1 - 2 0 - 7 2 (COB) Judgment filed & entered 7 6 ' ■'
(Injunction issued. Amount of money damages and attorney;;5
fees to be determined later. Defendant to pay co 3ts r
. 1 - 2 1 - 7 2 Parties notified
2 - 1 8 - 7 2 Plff (R.L.JOHNSON) Notice of Appeal, filed (Consolidated CA 7 1 - H - 1 0 2 7 ) ?£■ ‘1
1 - 1 8 - 7 2 Cost Bond on Appeal, filed. r > ,
- 2 9 - 7 2 Notice of Appeal on behalf of Deft GOODYEAR TIRE & RUBBER CO.,filed. V>7-
- 2 - 7 3 Notice of Appeal on behalf of INTERNATIONAL UNION OF OPERATING
ENGINEERS, filed. ! f U
2 - 7 - 7 3 (COB) Order extending time for filing record on appeal ,to March
2 8 , 1 9 7 3 , filed. (Copies to Ct. of Appeals, Attys & Ct.Reporter) r
/ / ’ >
3 - 2 6 - 7 3 Reporter's Transcript of Proceedings, filed (3 vols) i ' / t/ r- • £ ~ > :>/
*
j l
1
i T ~f
! ■ i ! I
)
CIVIL DOCKET
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
. c. F o r m k «, k » Rw-Hovistfln Division -
CONSOLIDATED w>‘ CA 69-H-899 10/27/71
and carried under 6 9-K-S99
Jury demand date:
Q -Le-iu cC. //-._•? c ? 0-
T I T L E O F C A SS
ft,7 1 - H - 1 0 2 7
CARL O. BUE
-SIBGLL1 QII>_ am*
A T T O R N E Y S
TERNATIONAL UNION OP OPERATING ENGINEERS,
]>CIO, LOCAL UNION NO. 3'+7
:E GOODYEAR TIRE & RUBBER COMPANY, HOUSTON
'EMI CAL PLANT
For plaintiff:
WILLIAM II. WHEAT
715 Houston Citizens Bank Bldg.
Houston, Texas 77002 22i!-IGU!7
j) For defendant:
V. R. Burch Jr.
|j BAKER Z: BOTTS
j ^COO One Shell Plaza
Houston, Texas 77002
ST A T IS T IC A L . R E C O R D C O ST S j D A T E
1 1971-
S. 5 mailed Clerk 9-23
■ '•
S. C mailed / ^ Marshal
'sir, of Action: Injunctive Docket fee
iteT, Breach of
llective Bargaining Witness fees
ntract, National Labor
KfISe &&. i Depositions
W.N.W.
5*V
15 00
-i
) )
, -*j Ij ‘fj ̂ JUxLi Vc SIliiCuj ĵXDK9 JR©
P R O C E E D IN G S
-23-71 ! Original complaint, filed. (no service per a:.ty.)
-27-71 i (JVS) ORDER to Show Cause, setting hearing 10-26-71 at 9:30 a.m.,
j filed and entered.
-27-71 WRIT TO SERVE w/complaint and order issued on Goodyear Tire &
Rubber Co., thru Personnel Mgr.
0- 14-7] MOTION FOR CONSOLIDATION, filed. (Original of motion filed in
C.A. 69-I-I-399)
1-21-71 Deft. Motion to Dismiss Pltf. Complaint, filed.
i/27/71 (JVS) ORDER OF CONSOLIDATION, signed & filed. Consolidating this
I case with CA 69-H-899 and carried under that number.
(parties notified by c/c, rlo) _________________________ _______
| D ntft O rd
1 Ju d g m e n t
i7'71
K> ' ? [ //2
i r r r j h
f'\c
11-12-71jI
.1-19-71
11-19-71;
(COB) Oral hearing on application for temporary injunction.
Evidence heard. _
(COB) Order granting temporary injunction filed & entered
Parties notified pursuant to Rule 77(d) FRCP
I
Ll-19-71
12/7/71|
12/9/71;
12-15-71I
12-15-71
12-16-71
.2-17-71
L2-20-7l!
Writ to serve copy issued and delivered to U.S.Maishal
Reporter's Transcript of Proceedings before Judge Bue on November
12, 1971, filed(CA-59-H-899) , ^Plaintiff's Proposed Findings of Fact,filed.(Ca-69-H-o99)•
Joint pretrial order filed (in CA 69-H-899)
(COB) Order first days trial before the court entered
Order second days trial before the court entered
Order third days hearing before the court entered
Order fourth days trial before the court entered (Concluded)
j
I
I
5
I8-10-72: (COB) Memorandum opinion filed
8-11-72 Copies mailed to counsel
.1-20-72: (COB) Judgment filed & entered
(See Judgment for details. Injunction imposed November 19, 1971
d i s solved. Defendant to pay costs)
.1-21-72' Parties notified
2-18-72 Notice of Appeal filed in C . A . 71-H--1027.
6 <v
) /
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON, TEXAS
R. L. JOHNSON
VS.
THE GOODYEAR T I R E .& RUBBER CO.
SYNTHETIC RUBBER PLANT
HOUSTON, TEXAS
X
X
X
X
X
X
X
CIVIL ACTION NO. W
TO THE HONORABLE JUDGE OF SAID COURT:
I.
This action arises under Title VII of the Civil Rights
Act of 1964, 42 U.S.C.A. Section 2000e-5 (f) et seq., as herein
after more fully appears.
This action is also brought as a class action on behalf of
the named complainant, and on behalf of the defendant's other em
ployees who are similarly situated.
II.
Complainants are African-American (Negro) citizens of the
United States, and at all material times were and still-are em
ployees of Defendant employer at its plant in Houston, Texas.
III.
Defendant, a foreign corporation doing business in the
Southern District of Texas, is an "employer" within the meaning
of Title VII of the said Act of Congress in that, at all material
times, it has been engaged in an industry affecting commerce and
had had 50 or more employees for each working day in each 20 or
more calendar weeks in the current or preceeding calendar year.
Heretofore, Complainant filed charges before the Equal Employment
Opportunity Commission alleging unlawful employment practices on
the part of the Defendant, a copy of which charge was furnished to
the Defendant by said Commission. Thereafter, said Commission
made an investigation and determined that there is reasonable cause
to believe that the said charge is true. Thereafter, the said
CLERK, U. S. DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS F I L E D
SEP 17 1969
Commission notified Complainant in writing that conciliation
efforts on its part in the matter of the alleged unfair employment
practices had failed to achieve voluntary compliance with said Act
by the Defendant. This suit is filed within thirty (30) days of
the receipt of such written notification by Complainant.
Attached to this complaint is Exhibit "A," which is a
true copy of the decision of the said Equal Employment Opportuni
ty Commission showing the decision of the Commission in the pro
ceedings filed by Complainant against this Defendant, the docket
number thereof and the date of such decision, reference to which
is here made as if the same were set out verbatim in this Complaint.
Likewise, attached hereto as Exhibit "B" is a true copy of the
letter from said Commission to Complainant advising of the failure
of conciliation efforts following determination of probable cause
by the Commission.
The parties in said proceedings before the Commission
are the identical parties in this cause.
IV.
Defendant, THE GOODYEAR TIRE & RUBBER COMPANY, has inten
tionally engaged in unlawful employment practices as defined in
Title IV of the 1964 Civil Rights Act, Section 703 (a); U.S.C.A.
Title 42, Section 2000e-2(a). It has not allowed complainants to
transfer into its production department, and has required of them
that they take a test not required of other employees that were
hired when they were hired. It has further, and in the alterna
tive, discriminated against Complainants while they were employed
by the Defendant with respect to their conditions of employment
because of the fact that they were African-Americans.
V.
Defendant has intentionally engaged in the unlawful employ
ment practices charged before the Commission and in this Court.
To remedy such practices, Complainant prays that the Court grant
appropriate relief by enjoining Defendant from engaging in such
unlawful employment practices, by ordering appropriate affirmative
8 <5V
J
action, including reinstatement and back pay, and such other relief
as the Court may find appropriate to effectuate the policies of the
Act, to make this Complainant whole and to correct and prevent the
recurrence of such unlawful employment practices.
VI.
Complainants further pray for declaratory judgment, declar
ing that the unfair employment practices and specific related
conduct of defendant are violative of the said act of Congress
as applied to complainant and to each member of the class similarly
situated, to wit; each Negro employee of Defendant who is, or may
be, subjected to identical or similar unlawful employment practices
VII.
Complainant brings this lawsuit at his own expense and has
hired attorneys to prosecute this action and for enforcement of
rights after exhaustion of the statutory procedure for voluntary
compliance. Accordingly, Complainant prays for a reasonable
attorneys1 fee as a part of the costs to be allowed by the Court,
which Complainant alleges to be $35.00 per hour of work by such
attorneys.
WHEREFORE, Complainant demands judgment as prayed for here
in, and for court costs and for such other relief as Complainant
may show himself entitled.
By:
711 Main St. Suite 500
Houston, Texas 77002
CA2-6636
PHILH> .S
Attorney
;r e e n e ^
for Complainant
9*-
CLERK, U. S. DISTRICT COURT
IN THE DISTRICT COURT OF THE UNITED STATSOUTHERN DISTRICT. OF. TEXAS
F I L E D
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
R. L. JOHNSON,
Plaintiff
VS.
THE GOODYEAR TIRE & RUBBER C0^ / ^ L , V,Q
SYNTHETIC RUBBER PLANT, HOUSTON, TEXAS,
Defendant
OCT 1 4 1969
V. BAILEY THOMAS. C L ir x
BY DEPUTY;
CIVIL ACTION
NO. 6 9-H-899
A N S W E R
COMES NOW The Goodyear Tire & Rubber Company and
files this its original Answer to the Plaintiff's original
Complaint and for such answer would show the following:
I.
FIRST DEFENSE
The Complaint fails to join as an indispensable
party Local No. 347, International Union of Operating E n
gineers, AFL-CIO (hereafter called "Local 347"). Local
347 is an unincorporated association which is the duly
authorized bargaining representative of Plaintiff and all
of the Defendant's other employees who are similarly class
ified and situated. Defendant is a party to a collective
bargaining agreement with Local 347 which sets forth the
wages, hours and other terms and conditions of employment
of the Plaintiff and of all of the Defendant's other employees
who are similarly classified and situated. The claim asserted
by the Plaintiff in this action involves the construction and
application of such bargaining agreement and the relief appar
ently sought would require that said bargaining agreement be
modified or set aside and would affect the seniority and other
employment rights of employees represented by Local 347 who
are not parties to this action.
10
SECOND DEFENSE
The Court lacks jurisdiction over the subject
matter because the Complaint sets forth claims for alleged
unlawful employment practices which were not set forth in
such charges as were filed with the Commission by the
Plaintiff as required by Section 706(e) of the Civil Rights
Act of 1964, 42 U.S.C. §§ 2000e-l, et seq (hereafter referred
to as the "Act").
III.
THIRD DEFENSE
The Court lacks jurisdiction over the subject
matter and/or the Complaint fails to state a claim upon
which relief can be granted, because the Plaintiff failed
to exhaust contractural and/or administrative remedies
against alleged discrimination available to him under the
applicable collective bargaining agreement.
IV.
FOURTH DEFENSE
The Complaint fails to state a claim upon which
relief can be granted as a class action because the Civil
Rights Act does not authorize class actions, because no
charges have been filed under Section 706(d) of the Act
and the Commission has not endeavored to conciliate under
Section 706(a) of the Act in behalf of the un-named em
ployees sought to be represented as a class, because the
persons constituting the class are not so numerous as to
make impracticable to bring them all before the Court, b e
cause the napied Plaintiff will not fairly insure the ade
quate representation of all the class, and because the
rights sought to be enforced for the class are several and
the questions of law or fact affecting the several rights
of the employees in the class are not common.
XX.
11 o/
)
Pleading further, if such be necessary, and sub
ject to and without waiving the foregoing defenses, the
Defendant would show the following:
V.
Defendant admits that the cause of action allegedly
arises under Title VII of the Civil Rights Act of 1964 but,
for the reasons stated above, denies this Court has juris
diction of the Complaint.
V I .
Defendant admits the allegations in Paragraphs II
and H I of the Complaint except Defendant denies that
R and E are relevant or material to this action and Defendant
further denies that the parties to this action are identical
to the parties in the proceedings t.fore the Equal Employment
Opportunity Commission in that John h. Jones .as a party to
those proceedings and is not a party to this action.
VII.
Defendant denies the allegations in Paragraphs IV,
V, and VI of the Complaint.
VIII-
Defendant is without knowledge concerning the Plain-
tiff,s staining the services of Attorneys but denies that
Plaintiff is entitled to Attorneys' fees as alleged
graph VII of the Complaint and denies that the Plaintiff is
entitled to any of the relief for which he prays.
IX.
Defendant would further show the Court that it is
affirmatively committed to the principle and practice of
affording equal employment opportunities to all of its e
ployees without regard to race, color, religion,
national origin, and that the terms and conditions of its
, . ,iff ic in full compliance withemployment with the Plaintiff is m tui
the Civil Rights Act.
12*/
) )
As a result of the Plaintiff's action herein
the Defendant has been required to retain the services of
the undersigned Attorneys and the Defendant is entitled to
recover reasonable Attorneys' fees under Section 7 0 6 (k) of
the Act.
WHEREFORE, premises considered, Defendant prays
that upon final trial and hearing hereof it have judgement
that Plaintiff take nothing by his suit and that Defendant
recover all costs of Court incurred, including reasonable
Attorneys' fees, and that Defendant have such other and
further relief both general and special, legal and equitable
to which it may show itself justly entitled.
_____V . R. Burch, Jr.
1600 Esperson Building
Houston, Texas 77002
Of Counsel:
BAKER, BOTTS,
SHEPHERD & COATES
Attorneys for The Goodyear
Tire & Rubber Company.
PROOF OF SERVICE
I have served one copy of the foregoing original
Answer by mailing the same to his attorney of record, Mr.
Philip S. Greene, 711 Main Street, Suite 500, Houston,
Texas 77002.
13
>
IN T H E DISTRICT C O U R T O F T H E U N I T E D S T A T E S
CLERK, U
F O R T H E S O U T H E R N DISTRIC'ScOfiHE
R. L. JOHN S O N ,
H O U S T O N DIVISION
X
P l a i n t i f f
STRICT COURT
^'ICT OF TEXAS
F f L E D
JUL 61371
V, BAILEY .THOMAS, CLERK
BY DEP.UIYa , 4^ / ___
v s X CIVIL A C T I O N NO. 69-H-899
T H E G O O D Y E A R TIRE & R U B B E R X
C O M P A N Y S Y N T H E T I C R U B B E R
P L A N T , H O U S T O N , T E X A S X
Defendant X
T O T H E H O N O R A B L E J U D G E O F SAID C O U R T :
M O T I O N T O S U B S T I T U T E C O U N S E L
N o w comes Philip S. Greene Attorney of Record for Plaintiff
in the above styled and numbered cause and respectfully prays for
leave of court to withdraw as said Attorney of Record. It is further
requested that Gabrielle K. McDonald be henceforth designated Attorney
of Record for Plaintiff.
1717 South Shepherd
Houston, Texas 77019
526-2131
« A L
Gabrielle K. McDonald
1834 Southmore Boulevard
Houston, Texas 77004
523-7423
A P P R O V E D :
/s
K.1/ J O H N S O N ,
Plaintiff
14 ̂
O R D E R
This day come on to be heard the foregoing Motion to Substitute
Counsel. The Court being of the opinion that said motion should be
granted it is therefore
O R D E R E D that Philip S. Greene have leave to withdraw as
Attorney of Record and he is hereby relieved of his duties as Attorney
of Record. It is further O R D E R E D that Gabrielle K. McDonald have
leave to represent the Plaintiff and she is henceforth^ignated A t t ^ y
of Record for Plaintiff,
SIGNED. R E N D E R E D A N D E N T E R E D
. A - D • 1 9 n -
7 , A . ______
J U D G E P R E S I D I N G
A P P R O V E D :
Philip S. Greene
1717 South Shepherd
Houston, Texas 77019
526-2131
kjLjJijib
I Gabrielle K. McDonald
1834 Southmore Boulevard
Houston, Texas 77004
523-7423
Plaintiff
CLERK, 1). r>. DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS F I L E D
JUL £1971
V. BAILEY THOMAb. CLERK
BY DEPUTY:
IN T H E U N I T E D S T A T E S DISTRICT C O U R T
F O R T I I E S O U T H E R N D IS T R IC T O F C«® JEA teS. DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
F I L E DH O U S T O N DIVISION
JUL 81971
R.L. J O H N S O N
Plaintiff, V. BAILEY THOMAS, CLERK
BY DEPUP'
V S .
T H E G O O D Y E A R TIR E & R U B B E R
C O M P A N Y S Y N T H E T I C R U B B E R
P L A N T , H O U S T O N , TEX A S ,
C.A. No. 69-H-899
Defendant. )
R E Q U E S T F O R C O N T I N U A N C E
T O T H E H O N O R A B L E C O U R T :
Plaintiff R.L. Johnson respectfully requests this Court to postpone
and continue the Pre-Trial and Trial of this cause and as grounds therefor
1. O n June 24, 1971, a Motion To Substitute Counsel in this cause
was forwarded to the Court for filing,
2. Gabrielle K. McDonald, sought to be substituted as attorney of
record for Plaintiff has been advised by Philip S. Greene, present attorney
of record for Plaintiff that the Court has scheduled a Pre-Trial in this cause
for July 21, 1971;
3. Gabrielle K. McDonald has examined the file of this cause and
notes that the Defendant contends that there has been a failure to join as an
indispensable party Local No. 347, International Union of Operating Engineers,
4. Counsel sought to be substituted needs additional time to make
a final determination of whether to join Local No. 347 as a party Defendant
5. Present counsel is not in a position to proceed with the prepa
ration for trial of this cause in its present posture and needs additional time
shows:
AFL-CIO;
to this action;
to prepare.
16
>
W H E R E F O R E , Plaintiff prays that the Pre-Trial and Trial of the
above entitled cause be postponed and continued.
Respectfully submitted,
M C D O N A L D & M c D O N A L D
1834 Southmore Boulevard
Suite 203
Houston, Texas 77004
523-74230 6 0 " i
t^ M . A .
tJABRIELLE K. M c D O N A L D
C E R T I F I C A T E O F S E R V I C E
The undersigned hereby certifies «... a copy of the foregoing Segues.
For Continuance was served by mailing the same the attorney o, record
,„r the Defendant, V.S. Burch, dr., B.her «. Botts, One Shell Blasa.Houston,
Texas 77002 and Mr. Philips. Greene, 1717 S. S h e p h e r d Drive,-Houston,
Texas 77019.
<’ g a b r i e l l e k . M c D o n a l d
a ,
Done this 7 day of July, 1971.
17 CL
)
a f-m-'C’ m c T D iP T c'o t Ti^cf".RKf U. S. DISTRICT. COUK I. IN T H E U N I T E D S1A T E S DISTRICT C O scTl.HE.RN DISTRICT. OR TEXAS
_______ o ^ r r r r - T jT :' l3 1\T n i C T R I P T
t- i i sr n
H O U S T O N DIVISION
N
R. L. J O H N S O N , *
Plaintiff, I
i
Trc, * C. A. No. 69-H-899VS. j
T H E G O O D Y E A R TIRE & R U B B E R \
C O M P A N Y S Y N T H E T I C R U B B E R *
P L A N T , H O U S T O N , TEXAS, *
Defendant. I
SFPi? 1271
PAULY IHO/.yV'l
■ ' L u -
M O T I O N T O JOIN P A R T Y D E F E N D A N T
T O T H E SAID H O N O R A B L E C O U R T :
C O M E S N O W , Plaintiff, R. L\ Johnson by and through his
attorneys and files this Motion To Join As A Party Defendant, Local 347,
International Union of Operating Engineers, A F L - C I O and as grounds
therefor states the following: • ~
1. In a charge of discrimination dated M a y 4, 1967,
filed with the Equal Employment Opportunity Commission, Plaintiff,
R. L. Johnson named as Respondents the Goodyear Tire & Rubber Company,
Houston Synethetic Rubber Plant and Local 347, International Union of
Operating Engineers, AFL-CIO. (attached hereto and mad e a part hereof
as Exhibit A) In that charge, Plaintiff alleged that both these Respondents
had engaged in practices which denied he and other Negro employees equal
employment opportunities.
2. In a letter dated August 18, 1969, Plaintiff was notified
of his right to institute a civil action within thirty days from receipt
of said letter by the Equal Employment Opportunity Commission, (attached
hereto and made a part hereof as Exhibit B)
3. On September 17, 1969, Plaintiff filed his Complaint
1 8 ^
naming as the only Defendant, the Goodyear Tire & Rubber C ompany
Synthetic Rubber Plant. Thus, although he alleged in the charge which
he filed with E E O C that Local 347 had failed to give proper represent
ation to Negro m e m b e r s because of their race or color, he failed to
join Local 347 as a party defendant.
4. Plaintiff's First A m e n d e d Complaint attached
hereto m o r e fully delineates exactly those practices and policies of
the Goodyear Tire & Rubber Co m p a n y and Local 347 which he believes
denied he and other Negro employees equal employment opportunities
because of their race or color. In summary, Plaintiff charges that
Negroes who were employed in the Labor Department before there was
a test requirement are now required to take and pass a test or tests to
be eligible for transfer to another department; that white contemporaries
hired in other departments have not been required to take and pass
this test or tests; that upon transfer to another division, the Plaintiff
who because of his race has in the past been restricted to employment
in the Labor Department, will receive a new division seniority date
and that promotions and lay-offs are based upon this new division
seniority date notwithstanding his years of service as an employee with
the Goodyear Tire & Rubber Company; and that Local 347, International
Union of Operating Engineers, A F L - C I O has failed to represent Negro
employees fairly because of their race or color and is a party to a
Labor Agreement with the Goodyear Tire & Rubber C o m p a n y that
denies Negro employees equal employment opportunities.
5. Because the.Plaintiff did not nam e as a Defendant
in his first Complaint Local 347 within thirty days from receiving his
Notice of Right to Sue from E E O C . Local 347, unless an agency relation
ship with the Goodyear Tire & Rubber Company can be shown, cannot
be m a d e a party defendant to this action pursuant to Title VII of the
- 2 -
19 ^
J
Civil Rights Act of 1964, 42 U. S. C. §2000e et seq. However, Plaintiff
in his first amended complaint attached hereto, sets forth an additional
jurisdictional basis in 42 U. S. C. §1981 which permits the Plaintiff
to join Local 347 as a party defendant and challenge all practices and
policies which have been maintained by these Defendants which have
denied him and m e m b e r s of his class equal employment opportunities
because of their race or color.
6. Plaintiff is jointly asserting against said party
sought to be joined as a party defendant his rights provided by 42 U. S. C.
§1981 which have been violated by said party in the sa m e transaction,
occurrence or series of transactions or occurrences in which the
named Defendant the Goodyear Tire & Rubber Co m p a n y has violated
said rights.
7. A question of law or fact c o m m o n to these Defendants
will arise in this action.
8. The party sought to be joined does business within
the jurisdiction of this Court.
9. The joinder of all Local 347 will avoid the necessity
of a multiplicity of suits.
10. The interest of justice will be served by permitting
the joinder of Local 347.
W H E R E F O R E , for all the foregoing reasons Plaintiff
prays that this Court order the joinder as party Defendant Local 347,
International Union of Operating Engineers, AFL-CIO.
Respectfully submitted,
M C D O N A L D & M C D O N A L D
1834 Southmore Blvd.
Houston, Texas 77004
523-7423
By: /)xd(' J
Gabrielle K. McDonald
- 3 -
20 cu
- 4 -
N O T I C E O F H E A R I N G O N M O T I O N T O JOIN
--------- P A R T Y D E F E N D A N T -
TO: V. R. Burch, Jr.
Baker & Botts
One Shell Plaza
Houston, Texas 77002
Attorney for Defendant
Please take notice that the undersigned will bring the fore
going Motion To Join Party Defendant on for hearing before this
Court at the United States Courthouse in Houston, Texas on the
^ 7 ^ day n f ™ 1 at 10:00 a’m ‘ or 1
soon thereafter as counsel can be heard.
C E R T I F I C A T E O F S E R V I C E
The undersigned hereby certifies that a copy of the foregoing
and M e m o r a n d u m of L a w in support thereof
Motion T o Join Party Defendant/was served by mailing the same to the
attorney of record for the Defendant, V. R. Burch, Jr. , Baker & Botts,
One Shell Plaza, Houston, Texas 77002. .
'Gabrielle K. McDonald
lh
D O N E this ____day of September, 1971.
21 oj
C H / ^ ° : E c : = ):m xJ
O \ )
vi* you have a complaint, till in this form and mail it to t!v Eijua!
employment Opportunity Commission's Regional Oltice in your area
as soon as possible. It must be mailed within 90 days alter the dis
criminatory act took place. (See addresses on back page)
This form is to be usee.'only to tile a charge of discrimination b«
on RACE, COLOR, RELIGION, SEX, or NATIONAL ORIGIN.
Case File No.
. /1 Your Name__
Street Address _U—r— J - -J~-
City'___ —
vPLEASE PRINT. OR TYPE)
~•0
l •.* J
/■ A ' ■ .Phone Number..!
..State- _Zip Code.
2 WAS THE DISCRIMINATION BECAUSE OF: (Please check one)
Race or Color t* Religious Creed □ National Origin □ Sex Li
3 Who discriminated against you? Give the name and address of the employer, labor organization, employment agency and/or apprentices
Rubber Plantcommittee. If mo1: ' titan on \ list ail. , , .Ccoc/em* L̂i'w and Rubber Name__________________ i ----------------------------------
feet *h,w La Porto Road. Post Office-. Zoa_53fg—
C ity . Kous ton _Z;p Code.
AND (other parties it any) Local 34?. Intô iovcont ~0
-Post _0f q c e _ 3 c > ^ U - C . t n y
4 Have you filed this charge with a state or local government agency? Yes □ When.
5 If your charge is against a company or a union, how many employees or members? Over 25 50 D Over 75 C
3 The most recent date on which this discrimination took place: Montn------Ap_ipJ,._26------D ay . _Year_i$u?_
7 Explain what unfair thing was done to you:
Tug Goodyear Company has a practice pR ux'radir.;* Ne/'roc
the wey the/ upgrade the v;hito employe
Is OigT'OGcJ t,C j o• .nemo ;iuv>
—te s-t—£o r-u pp r e c i_ n p *-— Vfe—be.__.ev c - thu.t~x.ne
\;> c.i ;7bixu u nuv.
v.ny in which .evmiy._one cjui-.bc-troutud_ee.nlly.
Hie Union , 0d crating Engineers. enn
;r representation
'bcmVircTT.'o
not t>ivo th
~CoAi.pcc-.iy to oread ’ciicir
WTHinTtfHSR SiGN-iSinmiDY£RS DO ebPPORC AXD V.VRiESS THE A3G7E
^ Zi // * / / — —ziCl '* - <£' cV
A'Vvv*tf y T^.-
8 I swear or affirm that I have read the above charge and that it is true to the best c : my knowledge, information uno uene;.
Pate-Z /sfT ,. </. . ___/ . v R ./ ___ I . p 4 . y , .
/ ' ' V ; •/
Subscribed and sworn to betore me this________ _ / z _________________day o:-----—». p n .. r /
iStjjn your name
;j
If it is difficult for you to get a Notary Public to sign this, sign your own name and mail to the Regional Oti.ce. The Commass.or. v .... r.elo “a
get the form sworn to. ■J.S. OCVCR.SC.CNT PA. STAG -
E X H I B I T A
220/
E Q U A L E M P L O Y M E N T O P P O R T U N I T Y C O M M I S S I O N
R E G I O N A L O F F I C E
300 E. Oth STREET
AUSTIN. TEXAS 78701
A rea Code 5 I 2
47S-501 1
August 18, 1969
CERTIFIED— RETURN RECEIPT REQUESTED
File No. AU7-5-3I1
Mr. R. L. Johnson / ^ V J>
4801 Leffingwell
Houston, Texas
Dear Mr. Johnson:
This is to advise you that conciliation efforts in your case have failed to
achieve voluntary compliance with Title VII of the Civil Rights Act of 1964.
Pursuant to Section 706(e) of the Act, you are hereby notified that you may,
within thirty (30) days of your receipt of this letter, institute a civil action
in the appropriate Federal District Court.
If you are unable to retain an attorney, the Federal Court is authorized, in
its discretion, to appoint one to represent you and to authorize the commence
ment of the suit without payment of fees, costs or security.
In such circumstances, should you decide to institute suit, you may take
this letter, along with the Commission determination of reasonable cause to
believe Title VII has been violated, to the Clerk of the Federal District Court
nearest to the place where the alleged discrimination occurred and request that
a Federal District Judge appoint counsel to represent you.
In the event you retain an attorney, or if one is appointed by the Court to
represent you, w e would appreciate being so notified. Please send to this
office his name, address, and if possible, his telephone number. This will
enable us to keep current with your case and to try to give the attorney any
help he may request.
Please feel free to contact the Commission if you have any questions about
this matter.
Sincerely
1,Lee G./Williams
Regional Director
Enclosures EXHIBIT B
cc: Regular Mail
IN THE DISTRICT COURT OF THE UNITED STA'ifePK, U, £>• P^TRICf 6QURTSOUTHERN DISTRICT. OR .TEXAS
FOR THE SOUTHERN DISTRICT OF TEXAS F. I L £ D
HOUSTON DIVISION OCT 1 41971
R. L. JOHNSON §
§VS. §
§
THE GOODYEAR TIRE & RUBBER CO. §
SYNTHETIC RUBBER PLANT §
HOUSTON, TEXAS §
CIVIL ACTION NO. 69-H-899
INTERNATIONAL UNION OF OPERATINGS
ENGINEERS, AFL-CIO, LOCAL UNION §
NO. 347, §
§Plaintiff, §§ L
VS. § CIVIL ACTION NO. 71-H-1027
§
THE GOODYEAR TIRE & RUBBER COM- §
PANY, HOUSTON CHEMICAL PLANT, §
§
Defendant. §
MOTION FOR CONSOLIDATION
COMES NOW International Union of Operating Engineers,
AFL-CIO, Local Union No. 347, Plaintiff in the above-captioned
Civil Action No. 71-H-1027, and Co-Defendant in Civil Action No.
69-H-899, by and through its undersigned attorney of record, and
respectfully moves the Court pursuant to Rule 42 of the Federal
Rules of Civil Procedure, to consolidate for all purposes the
above styled civil actions and as grounds therefor would respect
fully show unto the Court as follows:
I.
Each of the civil actions captioned above involve The
Goodyear Tire & Rubber Company, hereinafter called the Company,
and the International Union of Operating Engineers, AFL-CIO, Local
Union No. 347, hereinafter called Union, the Company acting in its
role as an employer, and the Union acting in its role as the
collective bargaining representative for the employer's employees.
23 as
Civil Action No. 69-H-899 originally involved only the Plaintiff,
R. L. Johnson, as representative of a class, and the Company, but
thereafter the Union was impleaded. While R. L. Johnson and the
class he represents, are not litigants in Civil Action No. 71-H-1027,
R. L. Johnson and the entire class will be and are now employees
represented by the Union.
, II.
All litigants in the above-captioned civil actions are
respectively represented by the same counsel.
III.
Both civil actions involve issues of fact and law arising
under Federal statutes and Presidential Executive Orders governing
employment practices for the purpose of eliminating racial discri
mination .
IV.
The issues of fact in each of the above-captioned civil
actions will and do involve essentially the same circumstances, to-wit:
Civil Action No. 69-H-899 involves alleged discriminatory employment
practices engaged in by the Company, and Civil Action No. 71-H-1027
involves the Company's efforts to remedy such discriminatory practices.
Further, the issues of fact in each civil action will essentially be
the same even though Civil Action No. 69-H-899 involves Title VII of
the Civil Rights Act of 1964, 42 U.S.C. 2000e-5(f), et se£, and
Civil Action No. 71-H-1027 involves the right of the Company to
abrogate vital collective bargaining contract provisions under
color of authority of the Office of Federal Contract Compliance
(OFCC) , of the United States Department of Labor.
V.
The Union urgently contends that any remedy flowing
from litigation in either of these civil actions would of absolute
necessity either encompass or contradict any remedy flowing from
the other, and the Union would submit that separate litigation of
these civil actions in separate District Courts of the United States
would almost certainly be inimical to basic doctrines of jurisprudence.
24 *
F>68
)
No party to either of the above-styled civil actions
will be prejudiced, delayed, nor denied every relief sought, and
consolidation will expedite judicial disposition of the entire
controversy at a minimum of cost and time to all parties as well
as the Court.
WHEREFORE, PREMISES CONSIDERED, the Union prays that the
above-entitled actions be ordered consolidated for all purposes.
Respectfully submitted,
LAW OFFICES OF I$LLIAM N. WHEAT
William N. Wheat
715 Houston Citizens Bank Bldg.
Houston, Texas 77002
224-4447
Attorney for Local Union 347
V I .
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above and
foregoing Motion for Consolidation has been duly served upon
✓ /th^fol^ot/ing by United States Mail on this the / j day of
, 1971.
CERTIFIED M A I L :
Gabrielle K. McDonald
McDonald & McDonald
1834 Southmore Boulevard
Houston, Texas 77004
F. L. Van Osdall
Goodyear Tire & Rubber Company
2000 Goodyear Drive
Houston, Texas
WILLIAM N. WHEAT
ORDER ENTERED ON JU D G E'S CALENDAR
"Oct. 19, 1971: Plaintiff's Motion to Join as a Party
Defendant, Local 347, International Union of Operating
Engineers, AFL-CIO, is granted.
Clerk will notify counsel.
C.O.B.,Jr."
c l e r k , u. s . Dis t r ic t c o u r t
F O R T H E S O U T H E R N D IS T R IC T O F TEX8QUTHERN DISTRICT OR TEXAS
F I L E D
H O U S T O N DIVISION OCT 2 J 1971
R. L. JOHNSON,
Plaintiff,
V. BAILEY
BY. D.EfiU.T.Y.:
i
V S .
T H E G O O D Y E A R TIRE & R U B B E R
C O M P A N Y , H O U S T O N C H E M I C A L
P L A N T , H O U S T O N , T E X A S A N D
L O C A L 347, I N T E R N A T I O N A L
C. A. NO. 69-H-899
FIRST A M E N D E D COMPLAINT
I.
Jurisdiction of this Court is invoked pursuant to 28 U. S. C.
§1343(4) and 28 U.S. C. §§2201 and 2202. This is a suit in equity
authorized and instituted pursuant to §2000e - 5(f) of Title VII of the
Act of Congress known as the Civil Rights Act of 1964 (42 U. S.C.
§2000e et seq. ) and 42 U. S. C. §1981. Jurisdiction of this Court is
invoked to secure the protection and redress the deprivation of rights
secured by 42 U. S. C. §2000e et seq. , providing for injunctive and
other relief against racial discrimination in employment and rights
secured by 42 U. S. C. §1981 providing that all persons in every state
and territory within the jursidiction of the United States shall have
an equal right to mak e and enforce contracts. This is also a suit for
a declaratory judgment of the rights established under Title VII of the
Civil Rights Act of 1964 and 42 U. S. C. §1981.
Plaintiff brings this action pursuant to Rule 23 (b) (2) of the
Federal Rules of Civil Procedure on his own behalf, on behalf of other
II .
- 2 -
black persons similarly situated who are employed by the Goodyear
Tire & Rubber Company, Houston Chemical Plant, Houston, Texas, who
have been denied equal employment opportunities by the Defendants
because of their race. These persons who are similarly situated are
persons who have been subjected to the unlawful discriminatory practices,
policies, customs and usages which have been instituted, maintained
and/or acquiesced in by the Defendants as hereinafter m o r e fully appears.
The class is so numerous that joinder of all m e m b e r s is impracticable;
there are questions of law or fact c o m m o n to the class, the claims and
defenses of the Plaintiff are typical of the claims of the class so repre
sented. The Defendants have acted on grounds generally applicable to
the class thereby making appropriate final injunctive relief or corres
ponding declaratory relief with respect to the class as a whole.
III.
This is a proceeding for a permanent injunction restraining the
Defendants from maintaining practices, policies, customs or usages
which discriminate against Plaintiff and m e m b e r s of his class because
of their race or color with respect to employment, compensation, terms,
conditions and privileges of employment and/or by limiting, segregating
and classifying these persons in ways which deprive them of employment
opportunities or otherwise adversely affect their status because of their
race.
This is also a proceeding for a declaratory judgment that these
practices, policies, customs or usages instituted, maintained and/or
acquiesced in by the Defendants are violative of rights secured by Title
VII of the Civil Rights Act of 1964 and 42 U. S. C. §1981.
IV.
The n amed Plaintiff in this action is R. L. Johnson, a Negro citizen
of the United States and resident of the City of Houston in the State of
Texas. R. L. Johnson is presently employed by the Goodyear Tire &
28 cv
- 3 -
Rubber Company, Houston Chemical Plant.
V.
)The named Defendants in this action are:
A. The Goodyear Tire & Rubber Company, Houston Chemical
Plant (hereinafter referred to as the "Company") which does business
in the State of Texas and the City of Houston, and is an employer
within the meaning of 42 U. S. C. §2000e(b). The C o mpany is engaged
in industry affecting c o m m e r c e and employs more than seventy-five
(75) persons.
B. Local 347, International Union of Operating Engineers,
A F L - C I O (hereinafter referred to as the "Union") which does business
in the State of Texas and the City of Houston and is a labor organization
within the meaning of 42 U. S. C. §2000e-(d). The Union has m o r e
than seventy-five (75) members, is engaged in an industry affecting
comm e r c e and exists in whole or in part for the purpose of dealing with
the Company concerning grievances of some or all of employees
including the Plaintiff and m e m b e r s of his class.
VI.
Prior and subsequent to July 2, 1965, the Defendants have in
tentionally engaged in practices, policies, customs and usages made
unlawful by Title VII of the Civil Rights Act of 1964 (42 U. S. C. §2000e
et seq. ) and 42 U. S. C. §1981 which deny Plaintiff and m e m b e r s of his
class equal employment opportunities because of their race or color.
A. The Company has maintained a practice or policy of employ
ing blacks only for jobs in the Labor Department regardless of qualifi
cations. The Plaintiff was initially employed and presently occupies
a job in the Labor Department. The Labor Department is monstly
composed of the lowest paying jobs. The Defendant C o m p a n y has instituted
and maintained and the Defendant Union has acquiesced in a practice
2 H a s
I
>
and policy which requires that employees in the Labor Department as
a prerequisite to transfer must achieve a satisfactory score on certain
tests or tests. This practice and policy as applied to black employees
in the Labor Department employed before there was a requirement
that any test or tests must be passed for initial employment for the
departments which they now seek to transfer, denies them equal employ
ment opportunities because white employees hired at about the same
time as Plaintiff and m e m b e r s of his class, before there was a test
requirement, are not subjected to this test or tests. On information and
belief, said tests are not professionally developed ability tests within the
meaning of §703 (h) of Title VII of the Civil Rights Act of 1964, 42 U. S. C.
§2000e-2(h), and their administration or action upon results are designed,
intended or used to discriminate against Plaintiff and black employees
similarly situated because of their race or color. White employees
already employed with the Company before there was a test require
ment in those departments to which Plaintiff and m e m b e r s of his class
now seek to transfer are not required to achieve a satisfactory score
on these tests to remain on their job.
B. The Labor Agreement between these Defendants provides
that a black employee who transfers from the Labor Department to
another division will receive a new division seniority date as of their
transfer and future promotions and lay-offs in that new division to which
they transfer are based on that new division seniority date notwithstanding
their accrued seniority in the Labor Department and notwithstanding the
Defendants long-standing policy of not employing Negroes in departments
other than the Labor Department because of their race.
C. Defendant Company instituted and maintained and the Defendant
Union has acquiesced in a practice and policy of not permitting black
employees in the Labor Department who do not possess a high school
- 4 -
- 5 -
)
diploma or G. E. D. certificate the opportunity to take the test or tests as
a prerequisite to transfer from the Labor Department to another depart
ment. This practice and policy denied Plaintiff and m e m b e r s of his
class equal employment opportunities, for it conditions transfer to the
better paying jobs in other departments on possession of a high school
diploma or G. E. D. certificate which was not reqired of whites at about
the same time as Plaintiff and m e m b e r s of his class.
D. The Defendant Union has failed to represent fairly the Plaintiff
and m e m b e r s of his class because of their race or color.
E. The Plaintiff and m e m b e r s of the class he represents if
given the requisite amount of training afforded similarly situated
white persons would be able to perform satisfactorily the jobs in the other
departments of the plant of the C o mpany which have been denied them.
F. At all times material to this action, m a n y of the matters
regarding compensation, terms, conditions and privileges of employment
of the Plaintiff and the class he represents have been governed and
controlled by collective bargaining agreements and supplemental agree
ments thereto entered into between the Defendants. Under and pursuant to
these agreements, there has been intentionally designed a promotional and
seniority system which has the effect of denying Plaintiff and the class he
represents equal transfer, promotional and demotion opportunities
because of their race or color in violation of Title VII of the Civil Rights
Act of 1964 and 42 U. S. C. §1981, thus limiting them to the generally
lower paying jobs in the Labor Department.
VII.
A. On or about M a y 4, 1967, within ninety days of the occurrence
of the acts complained of, Plaintiff R. L. Johnson filed a written charge
of discrimination, under oath, with the Equal Employment Opportunity
Commission naming the Defendants herein as Respondents. In a letter
dated August 18, 1969 from the Equal Employment Opportunity Commission
which Plaintiff received prior to the filing of his first complaint, herein.
31
- 6 -
*
he was advised that he could institute a civil action in the appropriate
Federal District Court within thirty days of receipt of said letter.
B. Neither the State of Texas nor the City of Houston has a law
prohibiting the unlawful employment practices alleged herein.
VIII.
Plaintiff and the class of persons he represents have suffered
and will continue to suffer irreparable injury by the practices, policies,
customs and usages of the Defendants complained of herein until the
same are enjoined by this Court. Plaintiff has no plain, adequate or
complete remedy at law to redress the wrongs alleged herein and this
suit for a permanent injunction and declaratory judgment are his only
means of securing adequate relief.
W H E R E F O R E , Plaintiff prays that this Court advance this case
on the docket, order a speedy hearing at the earliest practicable date,
cause this case to be in every way expedited and upon such hearing, to:
1. Grant Plaintiff a permanent injunction enjoining the Defendants
and their agents, successors, employees and those acting in concert
with them and at their direction from continuing to maintain the c o m
plained of practices, policies, customs or usages which discriminate
against Plaintiff and m e m b e r s of their class because of their race with
respect to employment, compensation, terms conditions and privileges
of employment and/or by limiting, segregating and classifying these persons
in ways which deprive them of employment opportunities or otherwise
adversely affect their status because of their race;
2. Order the defendants to take that affirmative action necessary
to correct the practices, policies, customs and usages complained
of herein which discriminate against Plaintiff and m e m b e r s of his class
because of their race;
3. Grant the Plaintiff and the class Plaintiff represent a
declaratory judgment that the practices, policies, customs and usages
- 7
complained of herein are violative of rights protected by Title VII of
the Civil Rights Act of 1964 and 42 U. S. C. §1981;
4. Grant the Plaintiff and each m e m b e r of the class Plaintiff
represent all wages lost as a result of the practices, policies, customs
and usages maintained by the Defendants which have denied Plaintiff
and each m e m b e r of his class equal employment opportunities because
5. Plaintiff further prays that this Court will allow him his costs
herein, reasonable attorney's fees and grant such further, additional
or alternative relief as m a y appear to the Court to be equitable and just.
of their race;
Respectfully submitted,
M c D o n a l d & M c D o n a l d
1834 Southmore Blvd.
Houston, Texas 77004
523-7423
A T T O R N E Y S F O R P L A I N T I F F
By:
' G A B R I E L L E K. M c D O N A L D
/ i l ;f j a l L
r -m i v r Z r r v r v N T A T n
I
)
CLERK, U. S. DISTRICT COURT
SOUTHERN DISTRICT OE TEXAS
F I L E D
IN THE DISTRICT COURT OF THE UNITED STATES 0 CT 2 7 1971
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
R. L. JOHNSON
VS.
THE GOODYEAR TIRE & RUBBER CO.
SYNTHETIC RUBBER PLANT
HOUSTON, TEXAS
INTERNATIONAL UNION OF OPERATING
ENGINEERS, AFL-CIO, LOCAL UNION
NO. 347,
Plaintiff,
VS.
THE GOODYEAR TIRE & RUBBER COM
PANY, HOUSTON CHEMICAL PLANT,
Defendant.
X CIVIL ACTION NO. 69-H-899
XXXX
XXXXX
XX CIVIL ACTION NO. 71-H-1027
XXXXX
O R D E R
On this day came on to be heard the Plaintiff's Motion
for Consolidation, and it appearing to the Court that said civil
actions should be consolidated, it is accordingly
ORDERED that the above-captioned civil actions are
hereby consolidated.
ENTERED this the £ L day of C rr> A ^ /€ . 1971.
3 4 ^
IN THE DISTRICT COURT OF THE UNITED S™ S ̂ D|STR1CT C0Ul<r
FOR THE SOUTHERN DISTRICT OF TEXASOUTHERN DISTR^TO F TEXAS
HOUSTON DIVISION N0V 1 U 1971
R. L. JOHNSON,
Plaintiff,
VS.
THE GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL PLANT,
HOUSTON, TEXAS AND LOCAL 347,
INTERNATIONAL UNION OF OPERATING
ENGINEERS, AFL-CIO,
npfsndants.
V. BAILEY THOMAS,; CLERK
BY DEPUTY:! _X X X X
l CIVIL ACTION NO. 69-H-899XXXXXXXT
A N S W E R
COMES NOW Defendant. International Union of Operating
Engineers, AFL-CIO, Local Union No. 347, hereinafter called Union
and for answer to Plaintiff's First Amended Complaint in the
above styled civil action, would respectfully show unto the Court
as follows:
FIRST DEFENSE
As set forth in Paragraph VII, Subsection A of Plaintiff s
First Amended Complaint, the Plaintiff R. L. Johnson on or about
May 4, 1967, filed his charge pursuant to Title VII of the Civil
Rights Act of 1964, 42 U.S.C. Sec. 2000, et se^, and thereafter,
on August 18, 1969, the Plaintiff received the 30 days notice pro
vided for in said Section, during which period of time Plaintiff
was authorized to bring suit against either the Company or the
Union. However, Plaintiff did not in fact seek to implead the
Defendant Union until the filing of its Motion to Join Party Defendant
on or about September 15, 1971.
Subsection (e) of 42 U.S.C. 2000e-5 specifically provides
that actions such as the one herein shall be brought within 30 days
after the notification referred to above, of August 18, 1969.
V o c J
)\ )
Accordingly, Plaintiff's suit against the Union is more than
two years late and should be dismissed.
By way of further answer, should further answer be
required, Defendant Union would respectfully show as follows:
I.
Defendant Union admits that the Plaintiff has properly
characterized its suit and that the subject matter is one in
which the jurisdiction of this Court may be invoked.
II.
Defendant Union neither admits nor denies the material
allegations set forth in Paragraph II of Plaintiff's First Amended
Complaint for the reason that such allegations relate to the
Defendant The Goodyear Tire & Rubber Company, Houston Chemical
Plant, hereinafter called Company, and Defendant Union has no
knowledge of such allegations. Defendant Union further denies
that this suit is properly brought as a class action.
III.
Defendant Union admits that Plaintiff has correctly
characterized this suit, but neither admits nor denies the material
allegations in Paragraph III, because such matters are within the
knowledge of Defendant Company and the Union has no knowledge of
such allegations.
IV.
Defendant Union admits the material allegations set
forth in Paragraph IV of Plaintiff's First Amended Complaint.
V.
Defendant Union admits the material allegations set
forth in Paragraph V, Subparagraph A, of Plaintiff's First Amended
Complaint.
) J
Defendant Union admits the material allegations set
forth in Paragraph V, Subparagraph B, of Plaintiff's First
Amended Complaint, subject to the First Defense heretofore stated.
VI.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph A, of Plaintiff's First
Amended Complaint.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph B, of Plaintiff's First
Amended Complaint.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph C, of Plaintiff's First
Amended Complaint.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph D, of Plaintiff's First
Amended Complaint.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph E, of Plaintiff's First
Amended Complaint.
Defendant Union denies the material allegations set
forth in Paragraph VI, Subparagraph F, of Plaintiff's First
Amended Complaint.
VII.
Defendant Union admits the material allegations set
forth in Paragraph VII, of Plaintiff's First Amended Complaint.
WHEREFORE, PREMISES CONSIDERED, Defendant Union prays
that upon trial hereof, that Defendant Union have judgment in its
behalf, together with all costs of Court and attorney's fees and
37a/
such other and further relief, at law and in equity to which
it may show itself justly entitled.
Respectfully submitted,
WHEAT AND BARTLETT
ATTORNEYS AND COUNSELORS
By William N. Wheat
715 Houston Citizens Bank Bldg.
Jefferson at Main
Houston, Texas 77002
224-4447
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above and
foregoing Answer has been duly served upon the following by
Unite/ Statek Mail, postage prepaid, on this the Jf___ day of
Nmit+t mA ----- 1971.
CERTIFIED M A I L :
Gabrielle K. McDonald
McDonald and McDonald
1834 Southmore - #203
Houston, Texas 77004
V. Reagan Burch, Jr.
Baker & Botts
3000 One Shell Plaza
Houston, Texas 77002
REGULAR M A I L :
Mr. Paul Teague
Engineers Local 347
P. 0. Box 1429
Texas City, Texas 77591
WILLIAM N. WHEAT
>
IN THE DISTRICT COURT OF THE UNITED STATES , . ' 1
1 ■ ■1 <— •1 i T' . i OF Tt>..\5
FOR THE SOUTHERN DISTRICT OF TEXAS 1 L .:. ~J
HOUSTON DIVISION NOV 1 9 1371
R. L. JOHNSON,
Plaintiff,
VS.
THE GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL
PLANT, HOUSTON, TEXAS AND
LOCAL 347, INTERNATIONAL
UNION OF OPERATING ENGINEERS,
AFL-CIO,
Defendants
XXXXXXXXXXXXXX
V. bailey thc:.:as, clerk
3Y. D-RUTYs
CIVIL ACTION NO. 69-H-899
INTERNATIONAL UNION OF OPERATING
ENGINEERS, AFL-CIO, LOCAL UNION
NO. 347,
Plaintiff,
VS.
THE GOODYEAR TIRE & RUBBER COM
PANY, HOUSTON CHEMICAL PLANT,
Defendant.
XXXXXX
X CIVIL ACTION NO. 71-H-1027XX -X X X
ORDER GRANTING TEMPORARY INJUNCTION
Be it remembered that on the 12th day of November, 1971,
came on to be heard in the above styled and captioned consolidated
cases, the application for a preliminary injunction presented by
International Union of Operating Engineers, AFL-CIO, Local Union No.
347, Plaintiff in Civil Action No. 71-H-1027, and Defendant in
Civil Action No. 69-H-899, hereinafter called the Union, and came
The Goodyear Tire & Rubber Company, Houston Chemical Plant, Defendant
in Civil Action No. 71-H-1027 and Co-Defendant in Civil Action No.
69-H-899, hereinafter called the Company, and came R. L. Johnson
through his attorney, and upon hearing the pleadings, the evidence,
and the argument of counsel in open court, and the Court being of
the opinion that the temporary relief sought by the Union should
be granted,
39
I T I S HEREBY ORDERED t h a t t h e D e f e n d a n t , The G o o d y ear
Tire & Rubber Company, Houston Chemical Plant, and all others
acting in concert or participation therewith, be, and hereby are,
restrained and enjoined from unilaterally abrogating or breaching
Article X, styled Seniority, of the collective bargaining contract
now in force and effect between the Company and the Union, by
instituting, effectuating, or continuing to effectuate any system
of seniority other than that set forth in the collective bargaining
contract now in force and effect between the parties, by any manner
or means, until such time as these civil actions may be heard upon
the merit of the cases, in open court.
IT IS FURTHER ORDERED that this Order Granting Temporary
Injunction be served upon Defendant, The/Gool
Company, Houston Chemical Plant, by a/United
manner prescribed by the Federal Rules of Cif
ENTERED on this the
in Houston, Texas.
^/UNITED' STATES DISTRICT JUDGE
WILLIAM N. WHEAT, Attorney for
the Union
V. REAGAN rtJURCH, JR., Attorney C'
for the Company
GABRIELLE K. MCDONALD, Attorney
for R. L. Johnson
40 0J
J )
j1
R.
UNITED STATES
FOR THE SOUTHERN
HOUSTON
L. JOHNSON,
Plaintiff,
DISTRICT COURT „
C® K' u - S. DISTRICT COURT
D IS T R IC T OF TEXASTHERN D,STR,C'T OR TEXAS
F I L E D
DEC 1 519 71
e m n 5 £ m m s -aem
DIVISION
S
s
§
v - S CIVIL ACTION NO. 69-H-899
§THE GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL §
PLANT, HOUSTON, TEXAS, and
LOCAL 347, INTERNATIONAL §
UNION OF OPERATING ENGINEERS,
AFL-CIO, §
Defendants. §
AMENDED ANSWER
COMES NOW, Defendant, The Goodyear Tire & Rubber
Company, and files this its amended answer to Plaintiff's
Complaint and for such answer would show the following:
I.
Defendant Company hereby answers by referring to
Defendant Company's original answer to Plaintiff R. L.
Johnson's original complaint, reference to which is here
made as if the allegations in such answer were expressly
contained herein with the inclusion of the additional
defense below which is incorporated in Defendant's original
answer. Attached to this answer as Exhibit A is a true
copy of Defendant's answer to Plaintiff's original complaint.
II.
FIFTH DEFENSE
.The Court lacks jurisdiction over the subject
and/or the complaint fails to state a claim upon which relief
can be granted with respect to the claim under the Civil
Rights Act of 1866 (42 U.S.C. §1981) because Title VII of
the Civil Rights Act of 1964 (42 U.S.C. §2000e-et seq.)
affords an exclusive remedy for such action.
41
WHEREFORE, premises considered, Defendant Company
prays that upon final trial and hearing hereof it has
judgment that Plaintiff take nothing by his suit and that
Defendant Company go hence without day and with all costs
of Court incurred and reasonable attorneys' fees herein,
and that Defendant Company have such other and further relief,
general and special, at law or in equity, to which it may
show itself justly entitle^
was served on William N. Wheat, 715 Houston Citizens Bank
Building, Houston, Texas 77002, and on Gabrielle K.
McDonald, 1834 Southmore Boulevard, Houston, Texas 77004,
V. R. BURCH, JR.
DANIEL O. GOFORTH
3000 One Shell Plaza
Houston, Texas 77002
Of Counsel:
BAKER & BOTTS
Houston, Texas 77002
Attorneys for The Goodyear
Tire & Rubber Company
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Amended Answer
on this the 13th day of December, 1971.r, iy/x. 7̂
V. R. BURCH, JR.
4 2 ^
I
q l - d '
ii
IN THE UNITED STATES DISTRICT CCjlJR'̂ y s DISTRICT COUR:
SOU THERN DISTRICT OF TEXAS
FOR THE SOUTHERN DISTRICT OF TEXAS F I L E D
HOUSTON DIVISION AUG 1019^2
R. L. JOHNSON, )
)
Plaintiff, )
)
v - )
)
GOODYEAR TIRE & RUBBER )
COMPANY, SYNTHETIC RUBBER )
PLANT, AND INTERNATIONAL )
UNION OF OPERATING ENGINEERS, )
AFL-CIO, LOCAL UNION NO. 347, )
)
Defendants, )
INTERNATIONAL UNION OF )
OPERATING ENGINEERS, AFL- )
CIO, LOCAL UNION NO. 347, )
)•
Plaintiff, )
)
V. )
)
GOODYEAR TIRE & RUBBER )
COMPANY, HOUSTON CHEMICAL )
PLANT, )
)
Defendant. )
V, BAILEY THOMAS. CLERK
BY DEPUTY;.
d a it ilZ C o u d ll3 > ^
CIVIL ACTION
NO. 69-H-899
CIVIL ACTION
NO. 71-H-1027
Gabrielle K. McDonald, McDonald & McDonald,
Houston, Texas, for plaintiff.
V. Reagan Burch, Jr., Daniel 0. Goforth,
Baker & Botts, Houston, Texas, for defen
dant Goodyear Tire & Rubber Co.
William N. Wheat, Wheat & Bartlett,
Houston, Texas, for defendant Local
Union No. 347.
MEMORANDUM OPINION
These two consolidated lawsuits were tried to the
Court. The first action was instigated by a black employee
against an employer and labor union and arises out of
alleged racial discrimination in employment practices violative
43 ̂
*)✓
\
of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e-2 and the Civil Rights Act of 1866, 42 U.S.C. § 1981.
The second action was commenced by the labor union against
the employer to prevent a unilateral abrogation of the col
lective bargaining agreement implemented by the employer
allegedly to rectify a racially discriminatory provision in
the collective bargaining agreement, but attacked here, not
withstanding the first suit, as being violative of section 301
of the Labor-Management Relations Act, 29 U.S.C. § 185.
In the first lawsuit, plaintiff, a black employee of
Goodyear Tire & Rubber Company (Goodyear), seeks on behalf of
other black employees similarly situated injunctive relief
and back pay as a result of alleged racial discrimination in
employment practices by Goodyear and Local 347, International
Union of Operating Engineers (Local 347) in violation of Title
VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 and
the Civil Rights Act of 1866, 42 U.S.C. § 1981. Jurisdiction
is invoked pursuant to 42 U.S.C. §§ 2000e-2(a), (c), 2000e-5
(f) and 28 U.S.C. § 1343. Plaintiff contends that as a con
sequence of the employment practices and collective bargaining
agreement entered into by the defendants black employees have
been in the past and continue to be segregated by assignment
to the labor department. It is further alleged that Goodyear's
testing and high school educational requirements as well as
the seniority provision in the applicable collective bargaining
agreement serve to perpetuate this hiring discrimination.
In response to plaintiff's claim of racial discrimination
defendant Goodyear, although apparently conceding past racial
44a
r
i
i „
)
discrimination, contends that since 1962 it has not only
Stopped any racially discriminatory practices but, in
addition, it has employed an active program to recruit and
employ black employees into non-labor department jobs.
Specifically, it is asserted by Goodyear that blacks are no
longer segregated in the labor department, that the testing
and educational requirements, although abruptly abandoned on
April 22, 1971, at the behest of the Office of Federal Contract
Compliance, were employed solely to select the most qualified
employees and not for any discriminatory purpose and that the
seniority provision embodied within the collective bargaining
agreement was negotiated in good faith and was not intended
to discriminate against black employees. Defendant Local 347
alleges that it is not a proper party, since it had no con
trol over Goodyear's hiring and employment practices made the
basis of this lawsuit.
In the second lawsuit. Local 347 seeks to enjoin Goodyear
from unilaterally annulling the seniority provision, article X,
of the collective bargaining agreement or, alternatively, to
prevent the amendment of the article in such a manner so as to
impose a seniority system that is patently discriminatory as
to other employees in the applicable bargaining unit. Goodyear
alleges that since it does substantial work for the government,
it is subject to the regulations of the Office of Federal
Contract Compliance of the United States Department of Labor.
In accordance with regulations promulgated pursuant to an
Executive Order, Goodyear is required to abolish its allegedly
4 5 0*
j I)
discriminatory seniority provision in the collective bargaining
agreement and substitute a provision which would give black
employees who transfer out of the labor department whatever
seniority they have previously acquired. On September 7,
1971, Goodyear openly announced that it intended to amend
article X of the collective bargaining agreement and sub
stitute a new seniority provision.
On November 19, 1971, this court preliminarily enjoined
Goodyear from abrogating the seniority provision. The Court
took this course of action after reviewing the anti-injunction
section of the Norris-LaGuardia Act, 29 U.S.C. § 101, in con
junction with section 301 of the Labor-Management Relations
Act, 29 U.S.C. § 185, and thereupon concluding that the state
of the law with respect to enjoining employers from abrogating
a collective bargaining agreement was unclear. Under the cir-
• cumstances the Court chose to resolve the question on general
principles of equity and, accordingly, ordered the status quo
maintained pending trial on the merits of the two causes of
action. S p p Retail Clerks Union Local 1222 v. Alfred M. Lewis^
Inc., 327 F .2d 442 (9th C i r . 1964); Local Union No. 328 v.
Armour & Co., 294 F. Supp. 168 (W.D. Mich. 1968). See also
Annot., 16 L.Ed.2d 1143 (1967). Local 347 stipulated at the
_____ hearing on the motion for preliminary injunctive relief that
any disposition of the first lawsuit, including any Court
ordered change in the seniority provision of the collective
bargaining agreement, would be dispositive of its prayer for
relief in the second action. Such a stipulation serves to
simplify the task of this Court in resolving the issues contained
in these two consolidated lawsuits.
4 ( 5 ^
I.
, Factual Background
A. The Company and Union
Goodyear's Houston plant which is devoted exclusively
to the production of synthetic rubber was operated for the
United States Government from 1943 to 1955. In 1955 Goodyear
assumed ownership of this plant and thereafter has continuously
operated the plant in a private capacity. In 1957 when Goodyear
undertook to expand the plant's facilities, a rule was imposed
requiring that any applicant for employment to any non-labor
department and any employee seeking a transfer to any non
labor department possess a high school education or its
equivalent, and achieve a satisfactory score on certain tests,
primarily an adaptability test prepared by Science Research
Associates.
Goodyear as the employer and Local 347, which has
represented the production and labor department employees at
this plant in contract negotiations since 1943, have employed
through the collective bargaining agreement a form of depart
mental seniority system at this plant. An employee, pursuant
to this system, began accumulating seniority in a department
upon entering it and thereafter utilized such accrued seniority
withirr this departmental group when moving between job assign
ments, when layoffs occurred and in other instances in which
seniority was a controlling factor. However, there has never
been any established procedure for transferring seniority
from one department to another. Before July 24, 1970, trans
ferring employees retained their seniority in the former
47<>
department for two years. Since July 24, 1970, a transferring
femployee, although unable to transfer his previously accrued
seniority to the new department, has been able to retain
seniority in the former department indefinitely.
As a result of Goodyear's employment hiring practices
it is an undisputed fact that until July 14, 1962, black
applicants seeking employment at the plant were segregated
into the labor department, and until September 7, 1965, white
applicants were funneled away from the labor department. It
is also undisputed that the employment positions in the labor
department were composed of the least skilled and lowest paid
positions in the applicable bargaining unit at this plant.
In 1962 Goodyear became involved in the Plans for Progress
Program, a voluntary program created for the purpose of improving
employment opportunities for minority groups. Thereafter,
Goodyear undertook to employ minorities in all departments of
the plant. Procedures were established whereby black employees
in the labor department could request transfers to other depart
ments if they could satisfy the educational and testing require
ments. Further, on three occasions Goodyear, at the behest
of the OFCC, offered to relax the educational and testing
requirements as applied to labor department employees. First,
in 1968 all employees hired in the labor department prior to
1957 were given the opportunity to transfer to other depart
ments if they had attained a seventh grade education and
were able to achieve a satisfactory score on the tests. No
affirmative results were obtained, since no minority group
employee was able to pass the tests. Second, in 1969 the same
48 A/
group was given the opportunity to transfer without taking
the tests. However, in view of the distinct disadvantage
incurred when transferring, whereby accrual of seniority in
the new department for transferring employees only commenced
on the date of transfer, little success was attained in
placing blacks in departments other than the labor depart
ment. Four employees were eventually transferred. Finally,
after the educational and testing requirements were abolished
on April 22, 1971, labor department employees hired prior to
September 7, 1965, were given the opportunity on September 7,
1971, to transfer without satisfying the educational or testing
requirements and, most importantly, to carry with them their
labor department seniority.
B. The Plaintiff
The plaintiff, a high school graduate, was initially
employed by Goodyear in the labor department on September 18,
1944. After submitting an application for employment and
without taking any type of employment test, he was assigned
to that department where he continued to work as a laborer.
At no subsequent time has this employee ever taken the employ
ment tests made the subject of this lawsuit.
On May 4, 1967, plaintiff filed a charge of racial dis
crimination against Goodyear and Local 347 with the Equal
Employment Commission (EEOC) alleging racial discrimination
in that Goodyear "has a practice of upgrading Negroes in one
manner and the way they upgrade the white employees [is] dif
ferent" and that this particular employer administers tests
4 3CV
unfairly. It was also charged that the union. Local 347,
acquiesced in these discriminatory practices and failed to
represent black employees fairly. After an investigation the
EEOC concluded that reasonable cause did exist to believe
that Goodyear violated the Civil Rights Act of 1964 by dis-
criminatorily applying its testing requirements. However,
this investigative agency concluded that there was insufficient
evidence to properly determine if Local 347 had also employed
discriminatory practices violative of the Act. After efforts
at conciliation failed, plaintiff filed this action pursuant
to Title VII of the Civil Rights Act of 1964, initially naming
Goodyear as the sole defendant. Approximately two months
prior to trial this Court granted plaintiff's unopposed motion
to join Local 347 as a defendant pursuant to the Civil Rights
Act of 1866, 42 U.S.C. § 1981. The amended complaint, in
addition to naming Local 347 as a defendant, alleges that
Goodyear's discriminatory practices are violative of both
Civil Rights Acts.
II.
Defendants' Preliminary Contentions
Preliminarily, defendants have asserted three con
tentions in an attempt to forestall or whittle down the
significance of plaintiff's action.— First, it is asserted
that the action must be dismissed since an indispensable
party. Local 347, was not joined as a party defendant within
the statutory period prescribed by Title VII of the Civil
Rights Act of 1964 and that the latter Act is the exclusive
remedy for determining racial discrimination in employment
50 a
)
practices. This contention pertains to a recently litigated
issue in this Circuit: the interrelation of the remedies
under two separate statutes. Title VII of the Civil Rights
Act of 1964 and the Civil Rights Act of 1866. Second, it is
asserted that the only issue litigable in this lawsuit is the
propriety of the testing procedures inasmuch as that was the
only issue stated in the EEOC charge. Third, it is asserted
that the scope of the class action maintainable by plaintiff
must be limited to black employees hired in the labor depart
ment prior to 1957 who satisfied the educational requirements.
A. Employment Discrimination: Title VII of the
Civil Rights Act of 1964 vs. The Civil Rights
_____Act of 1866__________________________________________
Defendants contend that the remedy provided for in
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,
is the exclusive cause of action for racial discrimination in
employment. The argument is thus made that, inasmuch as an
indispensable party. Local 347, was not joined as a party within
the statutory period prescribed by Title VII, this action is
not maintainable. Such a theory of statutory construction
based on the proposition that Title VII preempts previous
remedies for discrimination in employment has recently been
stripped of its viability in this Circuit. Indeed, it has
been held that the Civil Rights Act-of 1866, 42 U.S.C. § 1981,
applies to racial discrimination in employment, and the remedies
provided for in Title VII of the Civil Rights Act of 1964, in
this regard, have been construed as a mere continuation of the
remedies provided for in the earlier Act. Caldwell v. National
51 a
Brewing Co.. 443 F.2d 1044 (5th Cir. 1971), cert, deni e d , 405
U.S. 916 (1972); Sanders v. Dobbs Houses, Inc., 431 F.2d 1097
(5th Cir. 1970), cert, deni e d , 401 U.S. 948 (1971).
In Sanders the plaintiff, after exhausting the EEOC
administrative procedures, but after the expiration of the
thirty day jurisdictional period, filed a civil action pur
suant to Title VII of the Civil Rights Act of 1964. After
defendant sought to dismiss for lack of jurisdiction, plaintiff
was able to state a cause of action by predicating jurisdiction
upon the Civil Rights Act of 1866, 42 U.S.C. § 1981. In
Caldwell the plaintiff chose not to pursue the EEOC administrative
procedures, but instead filed a civil action pursuant to the
Civil Rights Act of 1866. The Court after approving of the
mutuality of the remedies encompassed within the two Acts
concluded that in this instance "due regard [must be given]
to the conciliatory policy which is at the heart of Title VII
while at the same time preserving the full remedy of § 1981."
443 F .2d at 1046. The Court referred to the power of the EEOC
to assist in the conciliatory process pursuant to Title VII,
as being applicable to an action under the Civil Rights Act
of 1866. It was also suggested that Title VII conciliatory
procedures should be resorted to as a matter of policy in
actions brought pursuant to the Civil Rights Act of 1866,
either with or without the trial court granting preliminary
injunctive relief to maintain the status quo. The Court
indicated that "[s]uch an approach melds the Title VII policy
into the § 1981 remedy." 443 F.2d at 1046. See Young v.
International Telephone & Telegraph Co., 438 F. 2d 757 (3d
512
ii
)
i
i
i
Cir. 1971); Waters v. Wisconsin Steel Works of International
Harvester Co., 427 F.2d 476 (7th Cir.), ce r t . denied, 400
U.S. 911 (1970). In the instant case, it is this Court's
conclusion that the policy condemning racial inequality in
employment can be best promoted by providing a remedy pursuant
to the Civil Rights Act of 1866. This approach is viewed as
being entirely consistent with the policy of Title VII, inas
much as the EEOC administrative procedures have been exhausted
as to both defendants.
B. Scope of the Litigable Issues as Related to
_____the EEOC Charge___________________________________
Next, Goodyear contends that the only issue properly
before the Court is the propriety of the testing procedure.
It is urged that this is the only allegation presented in
plaintiff's initial charge to the EEOC. In Sanchez v.
Standard Brands, Inc., 431 F.2d 455 (5th Cir. 1970), the
permissible scope of a complaint pursuant to Title VII of
the Civil Rights Act of 1964 was stated to be limited "to
the 'scope' of the EEOC investigation which can reasonably
be expected to grow out of the charge of discrimination."
431 F.2d at 466. The scope of the EEOC charge is to be liberally
construed. Danner v. Phillips Petroleum Co., 447 F.2d 159
(5th Cir. 1971). It is apparent that the above standard
requires a reasonable relevancy between the EEOC charge in
conjunction with the EEOC investigation and the scope of the
civil action. Here, plaintiff's allegation of discrimination
before the EEOC that "[t]he Goodyear Company has a practice
of upgrading Negroes in one manner and the way they upgrade
53 O /
- 1
) )
the white employees [is] different" and that Local 347 has
failed to represent black employees fairly is reasonably
relevant to defendants' allegedly discriminatory seniority
system including the disputed educational and testing require
ments .
C. Scope of the Class A c t i o n .
Defendants next contend that the scope of the class
which plaintiff can properly represent pursuant to Rule 23
(b)(2), Fed. R. Civ. P., must be limited to those black
employees who meet the educational requirements and were hired
in the labor department prior to 1957, except as to the matter
of change in the seniority system which Goodyear contends
should apply to a class composed of all blacks employed in
the labor department prior to September 7, 1965. On the other
hand, plaintiff contends that the class should be composed of
all black employees in the labor department who have been dis
criminated against since July 2, 1965, because of the practices
alleged in the complaint.
This Circuit has repeatedly emphasized that racial
discrimination is by its very nature a class action for
similarly situated fellow employees. Jenkins v. United Gas
Corp., 400 F.2d 28, 33 (5th Cir. 1968). Thus, a class action
— is permissible, even though only one of its members has
presented a grievance to the EEOC. Oatis v. Crown Zellerbach
Corp., 398 F.2d 496 (5th Cir. 1968). Measuring this suit
against the legal standards contained in these decisions, it
appears to this Court that plaintiff has satisfied the require
ments of Rule 23(a), Fed. R. Civ. P., for a class action.
5 4 ^
J
Further, since "the party opposing the class has acted or
refused to act on grounds generally applicable to the class",
the class action requirements of Rule 23(b)(2), Fed. R. Civ.
P., are also satisfied. See Rowe v. General Motors Corp., 457
F.2d 348, 359-60 (5th Cir. 1972); Johnson v. Georgia Highway
Express, Inc., 417 F.2d 1122 (5th Cir. 1969); Jenkins v.
United Gas Corp., supra; Oatis v. Crown Zellerbach Corp.,
supra; Griggs v. Duke Power C o ., 420 F.2d 1225 (4th Cir. 1970),
r e v 1d on other grounds, 401 U.S. 424 (1971); Broussard y.
Schlumberger Well Services, 315 F. Supp. 506 (S.D. Tex. 1970);
Hicks v. Crown Zellerbach Corp., 49 FRD 184 (E.D. La. 1968).
See also Annot., 8 ALR Fed. 461.(1971). The proper class for
purposes of this lawsuit, as this Court views it after having
examined and weighed the evidence forthcoming at the trial, is
one composed of all black employees similarly situated to
plaintiff who were hired in the labor department and who have
been discriminated against as a result of defendants' employ
ment practices alleged in the complaint.
III.
The Discriminatory Hiring Practices
The purpose of Title VII of the Civil Rights Act of
1964 in outlawing discrimination in employment "was to achieve
equality of employment opportunities and remove barriers that
have operated in the past to favor an identifiable group of
white employees over other employees." Griggs v. Duke Power
C o ., 401 U.S. 424, 429-30 (1971). Accordingly, the Act prW*-
hibits all forms of racial discrimination, regardless of the
degree or the employment situation involved. Local 189,
55 &
' )
United Paper-makers and Paperworkers v. United States, 416 F.2d
980 (5th Cir. 1969), ce r t . deni e d , 397 U.S. 919 (1970). The
Fifth Circuit Court of Appeals has taken a particularly strong
stand in condemning this form of inequality among citizens:
This Court has continuously given
a wide scope to the act in order to
remedy, as much as possible, the
plight of persons who have suffered
from discrimination in employment
opportunities. We have described
this as "one of the most deplorable
forms of discrimination known to our
society, for it deals not with just
an individual's sharing in the 'outer
benefits' of being an American citizen,
but rather the ability to provide
decently for one's family in a job or
profession for which he qualifies or
chooses.”
Rowe v. General Motors Corp., 457 F.2d 348, 354 (5th Cir. 1972).
The scope of the Civil Rights Act of 1866, 42 U.S.C. § 1981,
in racial employment discrimination cases is similarly to be
liberally construed. See Caldwell y. National Brewing Co.,
443 F.2d 1044 (5th Cir. 1971), cert, denied, 405 U.S. 916 (1972)
Young v. International Telephone & Telegraph C o . , 438 F.2d 757
(3d Cir. 1971). See also Jones v. Alfred H. Mayer C o . , 392
U.S. 409 (1968). It is in this light that the evidence forth
coming at the trial of this lawsuit must be viewed.
Plaintiff presented undisputed evidence that black
applicants for employment were hired solely for the unskilled
labor department jobs until July 24, 1962. This constituted
an obvious disparity in employment opportunities for black
applicants. Plaintiff also presented evidence that from 1957
to the present time only five percent of the total applicants
at the Goodyear plant have been initially employed into the
5(j as
I
labor department, whereas 48 percent of all black applicants
1/have been employed initially in the labor department.
Goodyeap, while admitting a history of past discrimination,
asserts that it is not involved in any present discriminatory
hiring practices and that it has not so engaged since early
1962. This defendant, accordingly, disputes the accuracy of
the plaintiff's statistics. Goodyear's position is that
plaintiff's statistics are of doubtful validity, since they
fail to take into consideration the important fact that all
new applicants employed at the Goodyear plant after April,
1971, are initially placed into the labor department as a matter
of policy. Goodyear argues that these.statistics are, there
fore, misleading, inasmuch as a significant number of black
employees were hired after April, 1971, who will accrue within
a short time span sufficient seniority to transfer to non-labor
department jobs. More importantly, Goodyear counters plain
tiff's contentions through use of its own statistics to demon
strate that from January 1, 1962, to December 12, 1971, over
32 percent of all employees transferred or hired into non-labor
2/department jobs have been black employees. According to
Goodyear, this employment picture in conjunction with the fact
that the Houston area is composed of approximately 24 percent
-blacks, 8 percent Spanish-Americans and 68 percent whites
. . . 3/refutes plaintiff's statistical evidence of discrimination.
It is clear from the authorities that a substantial
disparity in valid racial employment statistics serves to
establish a prima facie case that race was a significant
factor in an employer's hiring practices. Rowe v. General
57
)
Motors c orp., 457 F.2d 348 (5th Cir. 1972). Once such
disparity is persuasively demonstrated, the burden of proof
is then placed upon the employer to come forward with
acceptable reasons to refute the case of racial discrimination.
In this regard, "mere conclusional statements that it had
never discriminated against Negroes in [its] hiring" practices
will clearly not suffice. Bing v. Roadway Express. Inc.. 444
F.2d 687, 689 (5th Cir. 1971) . However, in the application
of this broad legal standard to the facts of this case including
relevant time period, the Court finds extreme difficulty
in ascertaining from the record what plaintiff characterizes
as proof of a prima facie case of hiring discrimination
extending beyond July 2, 1965. In short, the statistical
presented and heavily relied upon by plaintiff for
this time period is convincingly rebutted by the statistical
evidence presented by Goodyear. Accordingly, the Court con
cludes that plaintiff has failed to make out a prima facie
case, since for all practical purposes there is no significant
or persuasive evidence that the discriminatory hiring practice
extended beyond July 2, 1965. Of course, any evidence indicative
of discrimination prior to July 2, 1965, is not relevant to
plaintiff's present claim of hiring discrimination. This is
so because, clearly. Title VII of the Civil Rights Act of
1964 does not provide a remedy for discriminatory hiring
practices occurring prior to July 2, 1965, the date the Act
became effective. Additionally, the applicable statute of
limitations has expired as to any discriminatory hiring practice
occurring prior to July 2, 1965, relevant to any cause of action
plaintiff might have under the Civil Rights Act of 1866. ^
58 <v
)
I V .
The Discriminatory Promotion
And Transfer Practices
p ̂ The Testing and Educational Requirements
The absence of persuasive proof of overt racial d i s
crimination in hiring after July 2, 1965, does not terminate
the Court's scrutiny of Goodyear's employment practices.
Congress has required "the removal of artificial, arbitrary
and unnecessary barriers to employment when the barriers operate
invidiously to discriminate on the basis of racial or other
impermissible classification." Griggs y. Duke Power C_o._, 401
U.S. 424, 431 (1971). The Court in the.Griggs case indicated
that " [u]nder the Act, practices, procedures, or tests neutral
on their face, and even neutral in terms of intent, cannot be
maintained if they operate to 'freeze' the status quo of prior
discriminatory employment practices." 401 U.S. at 430. Further
it was stated that:
The Act proscribes not only overt
discrimination but also practices
that are fair in form, but dis
criminatory in operation. The touch
stone is business necessity. If an
employment practice which operates
to exclude Negroes cannot be shown
to be related to job performance the
practice is prohibited.
401 U.S. at 431.
Three factors should be considered in ascertaining if
practices which are discriminatory in operation are rooted
in overriding legitimate business necessity and therefore not
violative of Title VII of the Civil Rights Act of 1964.
First, the practice must be shown to be significantly related
59 a /
\
)
to successful job performance. Second, the practice must not
operate to disqualify a substantially higher rate of minority
group applicants than white applicants. Third, in making
this determination it is significant if the employment
positions under scrutiny had formerly belonged to non-minority
group employees in accordance with a long standing discriminatory
practice. Rowe v. General Motors Corp., 457 F.2d 348, 354-55
(5th Cir. 1972).
1. Black Employees Hired Prior to 1957
Initially, it is obvious that the non-EEOC validated
5/
testing and educational requirements could not validly be
applied to black employees hired in the labor department prior
to 1957, the year of the adoption of these employment and
transfer criteria, when fellow white employees hired at the
same time were not obligated to satisfy the requirement. . •
This is clearly an instance of racial discrimination in opera
tion. Griggs y. Duke Power Co., 420 F.2d 1225 (4th Cir. 1970),
r e v 'd on other grounds, 401 U.S. 424 (1971). The effect of
utilizing these requirements was to lock into the labor depart
ment those employees who were segregated initially into that
department as a result of racially discriminatory hiring
practices. United States v. Bethlehem Steel Corp., 446 F.2d
652 (2d Cir. 1971); Broussard v. Schlumberger Well Services,
315 F. Supp. 506 (S.D. Tex. 1970). The total effect of these
requirements was to preclude black employees from ever attaining
the equivalent seniority status and commensurate employment
advantages that white employees who were employed at the same
time could attain. Robinson v. Lorillard Corp., 444 F.2d 791
(4th Cir.), cert, dismissed, 404 U.S. 1006 (1971).
GO &
■>
2. Black Employees Hired After 1957
With reference to black employees who were hired in
the labor department after 1957 and after the adoption of the
non-EEOC validated employment and transfer criteria, there is
a significant disparity in plaintiff’s proof of the discrimina
tory effects of the educational and testing requirements. As
to the educational requirement, plaintiff has established dis
crimination in operation, since this requirement disqualifies
black applicants at a substantially higher rate than white
6/applicants. Goodyear has not seriously attempted to justify
this practice by showing an overriding legitimate business
necessity. However, with regard to the testing requirement
and its application to these employees, the plaintiff has
clearly failed to sustain his burden of proof. The evidence
presented by plaintiff fails to indicate that the testing
requirement disqualifies black applicants at a substantially
7/ . 'higher rate than white applicants. Accordingly, the Court
finds for the defendants on the testing requirement.
B. The Racially Neutral Seniority System
Turning now to plaintiff's attack upon defendants'
alleged racially neutral but prohibited seniority system, it
was stated in Local 189, United Papermakers and Paperworkers
v. United States, 416 F.2d 980, 982-83 (5th Cir. 1969), cert,
denied, 397 U.S. 919 (1970), that "one of the most perplexing
issues troubling the courts under Title VII [is] how to recon
cile equal employment opportunity today with seniority expec
tations based on yesterday's built-in racial discrimination."
It is the law that a racially neutral seniority system
61 o
|
J
predicated upon past hiring racial discrimination is violative
of Title VII. Accordingly, the Court in Local 189 indicated
that:
It is not decisive therefore that a
seniority system may appear to be
neutral on its face if the inevitable
effect of tying the system to the past
is to cut into the employees present
right not to be discriminated against
on the ground of race. The crux of
the problem is how far the employer
must go to undo the effects of past
discrimination.
416 F.2d 988. In other words, if a neutral seniority system
has the effect of perpetuating past hiring discrimination to
a significant extent, then the employer is under an affirmative
duty to implement corrective procedures to rectify this con
tinuing wrong.
The seniority transfer system employed by Goodyear,
and acquiesced in by Local 347, had the effect of locking
into the labor department the black employees who were initially
segregated on a racially discriminatory b a s i s . In order to
transfer to a non-labor department job, a black employee had
to forfeit his previously earned seniority rights in the labor
department. As a result of this system, white applicants who
entered a non-labor department position at the same time as
black applicants were segregated into the labor department
obtained and maintained a distinct advantage over fellow black
employees, an advantage predicated solely on past racial dis
crimination. Goodyear offered essentially no proof which
would extricate this system from condemnation because of a
substantial business necessity. The fact that Goodyear shortly
prior to trial offered to relax its seniority transfer
requirement as to pre-September 7, 1965, labor department
employees does, not render moot this aspect of this lawsuit
as to plaintiff or the class he represents. Jenkins v. United
Gas C o r p ., 400 F.2d 28 (5th C i r . 1968). Accordingly, since
Goodyear's seniority transfer system is predicated upon past
racial discrimination in segregating black employees into the
labor department, this system cannot withstand plaintiff's
Title VII attack. Bing v. Roadway Express, Inc., 444 F.2d
687 (5th Cir. 1971); Robinson v. Lorillard Corp., 444 F.2d
791 (4th Cir. 1971); Griggs v. Duke Power C o ., 420 F.2d 1225
(4th Cir. 1970), rev'd on other grounds, 401 U.S. 424 (1971);
United States v. Bethlehem Steel Corp., 446 F.2d 652 (2d Cir.
1971); Local 189, United Papermakers and Paperworkers v.
United States, 416 F.2d 980 (5th Cir. 1969), cert, denied.
397 U.S. 919 (1970); Quarles v. Philip Morris. Inc.. 279 F.
Supp. 505 (E.D. V a . 1968). Additionally, since this discrimina
tory practice affects the right of plaintiff and the class
he represents to contract for employment and is embodied
within the collective bargaining agreement, for which Goodyear
and Local 347 are mutually responsible, this practice is
violative of the Civil Rights Act of 1866, 42 U.S.C. § 1981.
The latter section prohibits private racial discrimination in
employment by either an employer or labor union. See Caldwell
v. National Brewing C o . . 443 F.2d 1044 (5th Cir. 1971), cer t .
d enied, 405 U.S. 916 (1972); Young v. International Telephone
& Telegraph C o . . 438 F.2d 757 (3d Cir. 1971); Sanders v.
Dobbs Houses, Inc.. 431 F.2d 1097 (5th Cir. 1970), cert.
G3a
)
denied, 401 U.S. 948 (1971); Waters v. Wisconsin Steel Works
of International Harvester C o . , 427 F.2d 476 (7th Cir.), c e r t .
denied, 400 U.g. 911 (1970).
This Court requested that the parties submit a remedial
seniority transfer proposal encompassing the appropriate and
necessary changes in the presently employed seniority system,
as stated in the collective bargaining agreement between Goodyear
and Local 347, which would be adequate to effectuate the policies
of the Acts if the Court decided the present system was dis
criminatory as to plaintiff or the class he represents. The
parties are in basic agreement as to the mechanics of such a
proposal. However, as to the employees entitled to the benefits
of such remedial seniority rights there is irreconcilable dis
agreement. Plaintiff would apply the proposal to all black
employees hired in the labor department prior to the Court's
injunctive order of November 19, 1971. Goodyear, on the other
hand and at the request of the Office of Federal Contract Com
pliance, would apply the proposal to all labor department
employees hired prior to September 7, 1965, the date on which
the first white applicant was employed into the labor depart
ment. Local 347 in concurring with Goodyear would apply the
proposal to all employees hired in any seniority group at the
plant. It is the conclusion of the Court that the policies of
both Acts can best be served in view of the Court's previous
factual determination without unnecessary discrimination against
other employees, white or black, by the adoption of the proposal
submitted by Goodyear. The mechanics of the stipulated remedial
seniority transfer proposal are detailed as follows:
6 4 c l
>
1. Such employees presently in divisional
seniority groups other than the Labor Depart
ment, or such employees hereafter transferred
from the Labor Department to entry level jobs
in other seniority groups, shall be vested
with remedial group seniority equivalent to
their plant seniority.
2. Such employees shall be entitled to use
such remedial group seniority for all purposes
presently determined by group seniority under
the provisions of the collective bargaining
agreement between the Company and Union dated
July 30, 1970.
3. Such remedial group seniority shall cease
upon occurrence of either of the following:
(a) In the case of an employee who
transfers from the Labor Department to
the Production Group, such remedial
seniority shall cease if the employee
advances beyond the entry level of such
Group and subsequently transfers to
another seniority group.
(b) In the case of an employee who
transfers from the Labor Department to
any seniority group other than the Pro
duction Group, such remedial seniority
shall cease if the employee subsequently
transfers to another seniority group.
4. Such remedial seniority rights shall
apply to an employee's first transfer out of
the Labor Department.
The remedial seniority transfer rights, as set forth above,
shall be subject to reasonable rules and regulations as
established by Goodyear and Local 347 to insure the safe and
operation of the plant as well as to insure that any
employee seeking to exercise these transfer rights is reasonably
qualified for the job sought. However, no member of the class
involved herein to which the remedy applies shall be subjected
to any unduly burdensome residency requirement in a new depart
ment prior to moving up through the various lines of job progression
65a.
which was not previously required of similarly situated
employees, white or black, as a condition to the exercise of
this remedial seniority in any new department.
V.
The Significance Of Defendant Goodyear's Good
Faith Effort To Eliminate Discrimination
The court feels that in fairness to defendant Goodyear
it is necessary to make an additional observation with reference
to the proof forthcoming at the trial of this cause. This
lawsuit does not pose a blatant instance in which an employer,
or a labor union, has deliberately or consciously employed
continuous racially discriminatory practices. To the contrary,
the record reflects that Goodyear has willingly and apparently
in good faith attempted to eliminate past discrimination.
However, notwithstanding the propriety of Goodyear's affirmative^
action program, "the question is whether on this record and
despite the efforts toward conscientious fulfillment — the
employer still has practices which violate the Act." Rowe v.
General Motors Corp.. 457 F.2d 348, 355 (5th Cir. 1972) .
Neither Goodyear's voluntary changes in the seniority provision,
nor its abandonment of the testing and educational requirements
prior to trial alleviates the need for declaratory and injunctive
relief in order to effectuate the changes in these employment
practices and to insure that they are not reinstituted. Rowe
v. General Motors Corp., supra, at 359.
VI.
Injunctive Relief
For the reasons stated in Part IV(A)(1) of this opinion,
plaintiff and the class he represents shall be granted permanent
G G < v
injunctive relief to the extent that Goodyear is prohibited
from reinstituting the testing and educational requirements
with respect to labor department employees hired prior to
1957, the year these requirements were instituted. In accord
with Part XV(A)(2) of this opinion, permanent injunctive relief
is also granted to plaintiff and the class he represents in
order to preclude reinstitution of the educational requirement
by Goodyear as a condition for transfer to positions where
black employees were previously discriminated against as a
result of being segregated into the labor department. Further
in accord with Part IV(B) of this opinion, permanent injunctive
relief is granted to the extent that the previously employed
seniority system as embodied in the collective bargaining agree
ment between Goodyear and Local 347 is hereby modified so that
the heretofore described remedial seniority transfer system
can be instituted.
V I I .
Damages — Backpay and Attorney's Fees
The Court, after having considered the applicable law
and all of the evidence forthcoming at the trial of this suit,
finds that in order to effectuate the policies of both Acts
the named plaintiff shall be entitled to the recovery of back
pay from Goodyear as compensation for tangible economic loss
resulting from these past racially discriminatory practices.
The obligation to provide back pay stems from the same source
as the obligation to remedy the discriminatory employment and
transfer criteria as applied to this black employee who was
67 o-
hired into the labor department prior to 1957, the year of
adoption of these employment requirements. The measure of
damages is the difference between plaintiff's actual earnings
8/
during the relevant period and those which in all probability
he would have earned had he not been locked in the less desirable
employment positions found in the previously segregated labor
department. Further, plaintiff is entitled to reasonable
attorney's fees. Counsel shall be given thirty (30) days to
agree to an appropriate amount of back pay and reasonable
attorney's fees to be awarded to plaintiff. if counsel are
unable to agree on a fair dollar amount after engaging in bona
fide discussions to achieve such an end, then the Court will
promptly schedule a hearing to ascertain and assess such a
monetary a w a r d .
The foregoing constitute the Court's Findings of Fact
and Conclusions of Law. Subject to the above directive con
cerning the ascertainment of damages, counsel will prepare
and submit an appropriate judgment within thirty (30) days
6 8 ^
o)
1/ Plaintiff's Exhibit No. 14.
2/ Defendant Goodyear's Exhibit No. 14; see Defendant
Goodyear's Exhibit No. 13. Compare Plaintiff's
Exhibit Nos. 14, 15, 16, 17.
3/ Defendant Goodyear's Exhibit Nos. 13, 14.
4/ The Civil Rights Act of 1866, 42 U.S.C. § 1981, in
conjunction with the applicable local statute of
limitations, requires that the alleged discrimination
occur within a four year period prior to the date the
civil action is filed. Tex. Rev. Civ. Stat. Ann. art.
5529 (1958) . See Boudreaux v. Baton Rouge Marine
Contracting Co., 437 F .2d 1011 (5th Cir. 1971).
5/ See 42 U.S.C. § 2000e-2(h) and 29 C.F.R. §§ 1607.3-1607.14.
6/ Plaintiff's Exhibit No. 8(a). Compare the statistics
for the state of North Carolina as presented and
relied upon in Griggs v. Duke Power C o ., 401 U.S. 424,
430, n .6 (1971) .
7/ Plaintiff's Exhibit No. 18 reflects that between
March 31, 1969, and September 30, 1971, 132 black
applicants failed the test as compared to 126 white
applicants. This is a difference of less than six
p e r c e n t .
8/ In order to effectuate the policies of the Acts in
conjunction with 42 U.S.C. § 2000e-5(d) and Caldwell
v. National Brewing C o . , 443 F.2d 1044 (.5th Cir. 1971),
cer~t • denied, 405 U.S. 916 (1972), the Court, pursuant
to its discretion, concludes that plaintiff's backpay
remedy should extend from February 4, 1967, which is
ninety days prior to the date the EEOC charge was filed.
9
69 Cv
CLERK, U. S. DISTRICT COURT
IN THE UNITED STATES DISTRICTS(&Ktf£f?N DISTRICT OF TEXAS
F I L E D
FOR THE SOUTHERN DISTRICT OF TEXAS 2 0 ^72
HOUSTON DIVISION
R. L. JOHNSON, )
)
Plaintiff, )
)
V. )
)
GOODYEAR TIRE & RUBBER )
COMPANY, SYNTHETIC RUBBER )
PLANT, and INTERNATIONAL )
UNION OF OPERATING ENGINEERS, )
AFL-CIO, LOCAL UNION NO. 347, )
)
Defendants. )
V, BAILEY THOMAS, CLERK
BY DEPUTY!
(Z U tifif.
CIVIL ACTION
NO. 69-H-899
INTERNATIONAL UNION OF
OPERATING ENGINEERS, AFL-
CIO, LOCAL UNION NO. 347,
Plaintiff,
V.
GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL
PLANT,
Defendant.
)
)
)
)
)
) CIVIL ACTION
)
) NO. 71-K-1027
)
)
)
)
)
JUDGMENT
Civil Action No. 69-H-899 came on for trial before the
Court without a jury on December 15, 1971, wherein all parties
appeared in person and by counsel and were heard to present
their pleadings, evidence and argument. Thereafter, on August
10, 1972, the Court issued its Memorandum Opinion containing
Findings of Fact and Conclusions of Law pursuant to Rule 52
of the Federal Rules of Civil Procedure and, pursuant to that
Memorandum Opinion,
It is hereby ORDERED, ADJUDGED and DECREED as follows:
70 &
.1
_■)
1. The defendant Goodyear Tire & Rubber Company,
Synthetic Rubber Plant, Houston, Texas ("Goodyear"), is
hereby permanently enjoined from reinstituting any testing
or educational requirements with respect to Labor Department
employees hired prior to 1957.
2. The defendant Goodyear is hereby permanently
enjoined from reinstituting any educational requirements as
a condition of transfer to positions in any department other
than the Labor Department, unless such educational requirements
are validated in compliance with the applicable Guidelines of
the Equal Employment Opportunity Commission.
3. Defendant Goodyear and Defendant International
Union of Operating Engineers, AFL-CIO, Local Union No. 347
("Operating Engineers") are hereby permanently enjoined from
giving force or effect to any seniority system insofar as such
seniority system is inconsistent with the following:
(a) Plaintiff, and any members of the Class
plaintiff represents who were hired in the Labor
Department before September 7, 1955, if presently
employed in divisional seniority groups other
than the Labor Department or if hereafter trans
ferred from the Labor Department to entry level
jobs in other seniority groups, shall be vested
with remedial group seniority equivalent to their
plant seniority.
(b) Such employees shall be entitled to use
such remedial group seniority for all purposes
presently determined by group seniority under
71 cv
)
the provisions of the collective bargaining
agreement between the defendants Goodyear and
Operating Engineers dated July 30, 1970.
However, such an employee's remedial seniority
will not entitle him to exercise divisional
seniority rights over another employee whose
plant seniority exceeds the remedial seniority
of such employee.
(c) Such remedial group seniority shall
cease upon occurrence of either of the following:
(1) In the case of an employee
who transfers from the Labor Department
to the Production Group, such remedial
seniority shall cease if the employee
advances beyond the entry level of such
Group and subsequently transfers to
another seniority group.
(2) In the case of an employee
who transfers from the Labor Department
to any seniority group other than the
Production Group, such remedial seniority
shall cease if the employee subsequently
transfers to another seniority group.
(d) Such remedial seniority rights shall only
apply to an employee's first bona fide transfer
out of the Labor Department.
(e) The remedial seniority transfer rights,
as set forth above, shall be subject to reasonable
rules and regulations as established by defendants
Goodyear and Operating Engineers to insure the
safe and efficient operation of the plant as well
as to insure that any employee seeking to exercise
these transfer rights is reasonably qualified for
7 2 ^
)
the job sought. However, no such employee
shall be subjected to any unduly burdensome
residency requirements in a new department
prior to moving up through the various lines
of job progression which was not previously
required of similarly situated employees,
white or black, as a condition to the exercise
of this remedial seniority in any new department.
4. The named plaintiff, R. L. Johnson, shall recovcr
'from defendant Goodyear back pay-for the period from February'''
4, 1967, through November 18, 1971, and from defendant Operating
Engineers back pay for the period from November 19, 1971, to
i
date of entry of this Judgment, measured by the difference
between plaintiff's actual earnings during such periods and
those which in all probability he would have earned had he not
/
been locked in the Labor Department. Plaintiff is also entitled
to interest at the rate of six per cent per annum (6%) on the
. amount of wages found to be due from the date such wages became
due until the date of the Judgment.
5. Plaintiff Johnson shall recover of the defendants
Goodyear and Operating Engineers reasonable attorney's fees
and costs of Court incurred in the prosecution of this case
apportioned on the basis of two-thirds against Goodyear and
one-third against Operating Engineers.
6. This Court retains jurisdiction of this cause for
the purpose of ascertaining the amounts of back pay and
attorney's fees if the parties are unable to agree upon such
amounts within thirty days following either the exhaustion of
73 a
!
any appeals which may he taken or the expiration of the time
for perfecting appeals.
7. Civil Action No. 71-H-1027 was presented to the
Court on November 19, 1971, in a hearing wherein all parties
were heard to present their pleadings and evidence and the
argument of counsel, and thereafter the Court entered its
Order enjoining and restraining the defendant Goodyear from
unilaterally abridging the contractual seniority system then
force and effect during the period intervening between
institution of that cause and entry of this Judgment and Order.
Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that
the injunction of November 19, 1971, imposed on defendant
IN TH E UNITED S T A T ES DISTRICT COURT
FO R TH E SOUTHERN D ISTRICT O F T E X A S
HOUSTON DIVISION
R . L . JOHNSON, §
CLERK, U .S. DISTRICT COURI
SOUTHERN DISTRICT OF TEXA.
F I L E D '
DEC 18 1972
P lain tiff,
VS.
GOODYEAR T IR E & R U B B E R
COM PANY, SYN TH ETIC R U B B E R
P L A N T , and IN TERN ATIO N AL
UNION O F O PERA TIN G EN G IN EERS,
A F L -C IO , LO C A L UNION NO. 347 ,
D efendants.
IN TERN ATIO N AL UNION O F O P
ERATING EN G IN EER S, A F L -C IO ,
LO C A L UNION NO. 347,
P lain tiff,
VS.
GOODYEAR T IR E & R U B B E R
COM PANY, HOUSTON C H EM ICA L
P LA N T ,
Defendant.
v. ^ e y Vw q m a s , C L E ^
BY De/ u) Yj
C IV IL ACTION NO. 6 9 -H -8 9 9
C IV IL ACTION NO. 7 1 -H -1 0 2 7
NO TICE O F A P P E A L
N otice is h ereb y given th at P la in tiff, R . L . Joh n son, h ereb y ap peals
to the United S ta tes C ou rt of A p p eals fo r the F ifth C ircu it fro m the final Ju d g
m en t en tered in th is actio n on the 20th day of N ovem b er, 1972 .
IA B R IE L L E K. McDONALD
m a r k t . McDo n a l d
1834 Southm ore B lv d ., Suite 203
H ouston, T e x a s 77004
(713 ) 5 2 3 -7 4 2 3
JA C K G R EEN B ER G
W ILLIA M L . ROBINSON
MORRIS J . B A L L E R
10 Colum bus C irc le
New Y o rk , New Y o rk 10019
(212 ) 5 8 6 -8 3 9 7
A T T O R N EY S FO R P L A IN T IF F
C E R T IF IC A T E O F SER V IC E
T his is to ce rtify that the u nd ersigned cou nsel fo r P la in tiff has this
I
f[g & L day of ’ 1 9 7 2 * SerV6d a C° Py ° f the fo re g ° ing
N otice of Appeal upon counsel for D efendants by m ailing sam e by United S ta tes
m ail ad d ressed as in d icated .
V. R . B u rch . J r . . 3000 One Shell P la z a . H ouston. T e x a s
7 7 0 0 2 . A ttorn ey for Defendant G oodyear T ire & R ubber
Com pany. Houston C h em ical P lan t.
W illiam N. W heat, 600 C ullen C e n te r Bank Building,
H ouston, T e x a s 7 7 002 , A tto rn ey for Defendant In te rn a
tional Union of O perating E n g in e e rs , A F L -C IO , L o c a l
Union No. 3 47 .
70 a/
1)
CLERK, U. S. DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
F I L E D
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEC 2 91972
V. BAILEY THOMAS, CLERK^
R. L. JOHNSON,
Plaintiff,
VS.
GOODYEAR TIRE & RUBBER
COMPANY, SYNTHETIC RUBBER
PLANT, and INTERNATIONAL
UNION OF OPERATING ENGINEERS,
AFL-CIO, LOCAL UNION NO. 347,
Defendants.
INTERNATIONAL UNION OF OP
ERATING ENGINEERS, AFL-CIO,
LOCAL UNION NO. 347,
Plaintiff,
VS.
GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL
PLANT,
Defendant.
§
§
§
§
§ CIVIL ACTION NO. 69-H-899
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§ . CIVIL ACTION NO. 71-H-1027
§
§
§
§
§
NOTICE OF APPEAL ~
Notice is hereby given that Defendant, Goodyear Tire
& Rubber Company, hereby cross appeals to The United States
Court of Appeals for the Fifth Circuit from the Final Judg
ment entered in this action on the 20th day of November, 1972.
3000 One Shell Plaza
Houston, Texas 77002
ATTORNEY FOR DEFENDANT
Goodyear Tire & Rubber Company
OF COUNSEL:
BAKER & BOTTS
Certificate of Service
This is to certify that on this the 29th day of
December, 1972, a copy of the foregoing Notice- of Appeal
has been served upon Gabrielle K. McDonald, Attorney for
Plaintiff and William N. Wheat, Attorney for Defendant Union
at the below addresses by Certified Mail:
Mrs. Gabrielle K. McDonald
Mark T. McDonald
1834 Southmore B l v d . , Suite 203
Houston, Texas 77004
Mr. William N. Wheat
600 Cullen Center Bank Building
Houston, Texas 77002
78 Os
CLERK, U. S, DISTRICT COURT
SOUTHERN DISTRICT OR TEXAS
IN THE UNITED STATES DISTRICT COURT F I L E D
FOR THE SOUTHERN DISTRICT OF TEXAS JAN 2 1973
HOUSTON DIVISIO N y BAILEY THOMAS, CL^RK
BY.OEEU
R. L. JOHNSON,
Plaintiff,
VS.
GOODYEAR TIRE & RUBBER
COMPANY, SYNTHETIC RUBBER
PLANT, and INTERNATIONAL
UNION OF OPERATING ENGINEERS,
AFL-CIO, LOCAL UNION NO. 347,
Defendants.
INTERNATIONAL UNION OF OP
ERATING ENGINEERS, AFL-CIO,
LOCAL UNION NO. 347,
Plaintiff,
VS.
GOODYEAR TIRE & RUBBER
COMPANY, HOUSTON CHEMICAL
PLANT,
Defendant.
NOTICE OF
§
§
§
§
§ CIVIL ACTION NO. 69-H-899
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§ CIVIL ACTION NO. 71-H-1027
§
§
§
§
§
§
APPEAL
Notice is hereby given that Plaintiff, International
Union of Operating Engineers, AFL-CIO, Local Union No. 347, hereby
appeals to the United States Court of Appeals for the Fifth Circuit
from the final Judgment
November, 1972.
Suite 600, Cullen Center Bank Building
Jefferson at Louisiana
Houston, Texas 77002
(713) 224-4447
Attorney for International Union of
Operating Engineers, AFL-CIO, Local
Union No. 347
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above and
foregoing Notice of Appeal has been duly served upon the following
by United States Mail, postage prepaid, on this the 2nd day of
January, 1973:
V. R. Burch, Jr.
3000 One Shell Plaza
Houston, Texas 77002
Gabrielle K. McDonald
1834 Southmore Blvd., Suite 203
Houston, Texas 77004
WILLIAM N. WHEAT
81)
)
IN T H E UNITED ST A T ES DISTRICT COURT
FO R T H E SOUTHERN DISTRICT O F T EX A S
HOUSTON DIVISION
R . L . JOHNSON,
P lain tiff,
VS.
GOODYEAR T IR E & R U B B E R COM PANY,
SYN TH ETIC R U B B E R P L A N T , and IN
T ERN A TIO N A L UNION O F O PERA TIN G
EN G IN EER S, A F L -C IO , LO C A L UNION
NO. 3 47 ,
)
)
)
)
)
)
)
)
)
)
)
C IV IL ACTION NO. 6 9 -H -8 9 9
CLERK, U. S. DISTRICT. COURT
SOUTHERN DISTRICT OF, TEXAS
F I L E D
F E B 7 1973
IN TERN ATIO N AL UNION O F O PERA TIN G
EN G IN EER S, A F L -C IO , LO C A L UNION
NO. 347 ,
P la in tiff,
VS.
GOODYEAR T IR E & R U B B E R COM PANY,
HOUSTON C H EM IC A L P L A N T ,
D efendant.
)
)
)
)
)
)
)
)
)
)
V. BAILEY THOMAS* CLERK v
BX D.EPillY.^ ̂
C IV IL ACTION NO. 7 1 -H -1 0 2 7
O RDER EXTEN D IN G T IM E FO R FILIN G REC O RD
_______ON A P P E A L _______________
It having been m ade known to the C ourt th at the C o u rt’ s o fficial
C ou rt R e p o rte r is unable to p re p a re the re c o r d on appeal in the above num
b ered and sty led ca u se within the fo rty (40) day p eriod p rovided by law , and
the C ourt being of the opinion th at the tim e fo r filing the r e c o r d should be
i
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IN THE UNITED STATES D I S T R I C T COURT
FOR THE SOUTHERN D I S T R I C T OF TEXAS
HOUSTON D I V I S I O N
R. L . JOHNSON, )
P L A I N T I F F , )
)
V S . )
)
GOODYEAR T I R E 6 RUBBER )
COMPANY, SYNTHETIC RUBBER )
PLANT, AND INTERNATIONAL )
UNION OF OPERATING E N G I N E E R S , )
A F L - C I O , LOCAL UNION NO. 3 ^ 7 , )
DEFENDANTS. )
INTERNATIONAL UNION OF
OPERATING ENGINEERS, A FL -
C I O , LOCAL UNION NO. 3^7,
P L A I N T I F F ,
VS .
GOODYEAR T I R E £ RUBBER
COMPANY, HOUSTON CHEMICAL
PLANT,
DEFENDANT.
)
)
)
)
)
) C I V I L ACTION
) NO. 7 1- H -10 27
)
)
)
)
I , EVELYN OVERBECK, O F F I C I A L COURT REPORTER
FOR THE UNITED STATES D I S T R I C T COURT, SOUTHERN
D I S T R I C T OF TEXAS, DO HEREBY C E R T I F Y THAT THIS IS A
TRUE AND COMPLETE TRANSCRIPT OF PROCEEDINGS HAD IN THE
ABOVE STYLED AND NUMBERED CAUSE, COMMENCING ON THE
15TH DAY OF DECEMBER, 1971, BEFORE THE HONORABLE CARL
0 . BUE, J R . , UNITED STATES D I S T R I C T JUDGE.
WITNESS MY O F F I C I A L HAND AT MY O F F I C E IN
E VELYN OV Eli HECK
OFFICIAL COURT RKFORTKR
L v. 82 «-
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HOUSTON, HARRIS COUNTY, TEXAS ON THE ________ DAY OF
__________ , 197 3 .
EVELYN OVERBECK
O F F I C I A L COURT REPORTER
EVEL YN OYER-HECK
OFFICIAL COURT UF.FORTF.R
83 a/
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I N D E X
T E S T I MO N Y OF FRED L . VAN O S DAL L
D I R E C T E X AMI NA T I ON - MRS. MC DONALD
CROSS E X AMI NA T I ON - MR. BURCH
R E D I R E C T E X AMI NAT I ON - MRS. MC DONALD
T E S T I M O N Y OF R. L . JOHNSON
D I R E C T E X AMI NA T I ON - MRS. MC DONALD
CROSS E X A MI N A T I O N - MR. WHEAT
R E D I R E C T E X AMI NA T I ON - MRS. MC DONALD
R E C R O S S E X AMI NA T I O N - MR. BURCH
T E S T I MO N Y OF JOHN H. CHAPMAN
D I R E C T E X A MI N A T I O N - MRS. MC DONALD
CROSS E X A MI N A T I O N - MR. BURCH
CROSS E X AMI NA T I ON - MR. V/HEAT
R E D I R E C T E X AMI NA T I ON - MRS. MC DONALD
R E C ROS S E X AMI NA T I O N - MR. BURCH
T E S T I MO N Y OF L ONNI E BROWN
D I R E C T E X AMI NA T I ON - MRS. MC DONALD
CROSS E X A MI N A T I O N - MR. BURCH
CROSS E X AMI NA T I O N - MR. WHEAT
T E S T I M O N Y OF P E R C Y V I T A L
D I R E C T E X AMI NA T I O N - MRS. MC DONALD
CROSS E X AMI NA T I ON - MR. WHEAT
R E D I R E C T E X AMI NAT I ON - MRS. MC DONALD
R E C R O S S E X AMI NA T I ON - MR. BURCH
T E S T I M O N Y OF N A T H A N I E L BEAN
D I R E C T E X AMI NA T I O N - MRS. MC DONALD
CROSS E X AMI NA T I ON - MR. BURCH
CROSS E X AMI NA T I O N - MR. WHEAT
R E D I R E C T E X AMI NA T I ON - MRS. MC DONALD
PAGE
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EVELYN OVERHECK
OFFICIAL COURT REPORTER
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APPEARANCES
REPRESENTING THE P L A I N T I F F :
MC DONALD AND MC DONALD
BY: G A B R I E L L L E K. MC DONALD, ESQ.
REPRESENTING THE DEFENDANT,
GOODYEAR T I R E S RUBBER COMPANY:
BAKER AND BOTTS
BY: V. REAGAN BURCH, J R . , ESQ.
REPRESENTING THE DEFENDANT
LOCAL UNION NO. 347 :
WHEAT AND BARTLETT
BY: WILLIAM N. WHEAT, ESQ.
EV E L Y N OVERHECK
OFFICIAL COURT UK POUTER a
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_________________________________________________________________ f t
PROCEEDINGS
DECEMBER 15, 1971
THE COURT: C I V I L ACTION NO. 6 9 - H - 8 9 9 ,
CONSOLIDATED WITH 7 1 - H - 1 0 2 7 , R. L . JOHNSON VS. GOODYEAR
T I R E £ RUBBER COMPANY.
WHAT SAYS COUNSEL FOR P L A I N T I F F JOHNSON?
MRS. MC DONALD: P L A I N T I F F IS READY,
YOUR HONOR.
THE COURT: WHAT SAYS COUNSEL FOR THE
DEFENDANT GOODYEAR T I R E ?
MR. BURCH: THE COMPANY IS READY, YOUR
HONOR.
THE COURT: WHAT SAYS COUNSEL FOR THE
UNION?
MR. WHEAT: UNION IS READY, YOUR HONOR.
(OPENING STATEMENTS OF COUNSEL . )
THE COURT: ARE YOU IN POSITION TO PRO
CEED NOW?
MRS. MC DONALD: Y E S , YOUR HONOR.
P L A I N T I F F S CALL MR. S . VAN OSDALL AS AN ADVERSE WITNESS,
YOUR HONOR. HE IS PERSONNEL MANAGER OF THE DEFENDANT
COMPANY. I WOULD L I K E TO BE PERMITTED UNDER THE RULES
TO QUESTION HIM AS AN ADVERSE WITNESS.
E V E L Y N O V E E K E C K ,
O F F IC IA L CO U R T R E P O R T E R 85o,
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THE COURT: I THINK IT MIGHT BE WELL
TO DETERMINE HOW MANY OF THE PEOPLE IN THE COURTROOM
ARE WITN ESS ES . WILL ALL THOSE WHO ARE WITNESSES IN
THIS CASE PLEASE STAND.
MRS. MC DONALD: YOUR HONOR, I DON'T LIKE
TO INTERRUPT BUT THERE IS A MATTER I NEED TO R A I S E .
MR. R. L . JOHNSON, P L A I N T I F F IN THE CASE , BECAUSE OF
HIS R EL I G I O US B E L I E F S HAS NOT RAISED HIS HAND TO SWEAR,
SO I F AT THIS TIME THE COURT WILL ADMINISTER THE OATH
TO OTHER WITNESSES AND THEN MR. JOHNSON CAN BE ADMINI
STERED TO SEPARATELY .
(WITNESSES IN THE COURTROOM
DULY SWORN BY THE C L E R K . )
MR. BURCH: YOUR HONOR, I APOLOGIZE - -
I HAVE NEGLECTED TO INTRODUCE TO THE COURT MR. DALE
MARTIN WHO IS PRESENT AT THE COUNSEL TABLE WITH US.
HE IS WITH GOODYEAR LAW DEPARTMENT. HE IS ADMITTED TO
PRACTICE IN THE STATES OF OHIO AND I L L I N O I S , AND WE
WOULD ASK THAT HE BE PERMITTED TO TAKE AN APPEARANCE
IN THE CASE AND THAT THE COURT PERMIT HIM TO DO SO
FOR THIS ACTION ONLY.
THE COURT: Y E S . HAPPY TO HAVE YOU WITH
US, MR. MARTIN.
VERY WELL. YOU MAY PROCEED.
EVELYN OVER HECK
8 6 ^O F F IC IA L CO U R T R E F O R T K R
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FRED L . VAN OSDALL,
CALLED AS AN ADVERSE WITNESS BY THE P L A I N T I F F , HAVING
BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D AS
FOLLOWS:
DI RE CT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, PL EA S E .
A I T ' S FRED L . VAN OSDALL. V-A-N O - S - D - A - L - L .
Q M R . . VAN OSDALL, ARE YOU AN EMPLOYEE OF GOODYEAR?
A I AM.
Q ARE YOU THE PERSONNEL MANAGER FOR GOODYEAR?
A I AM AT THIS PLANT.
Q THAT IS AT THE HOUSTON PLANT?
A THAT'S RIGHT.
Q HOW LONG HAVE YOU BEEN PERSONNEL MANAGER?
A S INCE OCTOBER, 1950.
Q B R I E F L Y CAN YOU T EL L THE COURT WHAT ARE YOUR
MAJOR DUTIES AND R E S P O N S I B I L I T I E S AS PERSONNEL
MANAGER?
A WELL, THEY INCLUDE EMPLOYMENT FUNCTION, THE UNION
RELATIONS FUNCTIONS, THE STAFF FUNCTIONS, INCLUDING
THE RATE S ET T IN G, SALARY S ET T IN G, TRAINING, SAFE TY ,
ADMINISTRATION FOR OUR SUGGESTION SYSTEM. AND
THERE IS SOME OTHER INCIDENTAL FUNCTIONS.
EVELYN OV EEHECK
O F F IC IA L CO U R T R K P O R T R IT " 87a.
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Q WHAT ARE THE ENTRY LE VE L JOBS FOR WHICH NEW
PERSONNEL ARE EMPLOYED I N I T I A L L Y , GENERALLY?
A I HOPE THAT YOU UNDERSTAND THAT AL L MY ANSWERS
APPLY ONLY TO THE OPERATING ENGINEERS BARGAINING
U N I T.
Q < Y E S , S I R .
A THE ENTRY JOB INTO OUR PRODUCTION DEPARTMENT IS
BALER H E L P E R . ANOTHER ENTRY JOB IS U T I L I T Y
OPERATOR IN OUR U T I L I T Y DEPARTMENT. ANOTHER ENTRY
JOB IS A STORAGE CLERK - - NO, RE C EI VI N G AND STORAGE
DEPARTMENT. ANOTHER ENTRY JOB IS A WAREHOUSEMAN
AND SHIPPER IN OUR S HI PPI NG DEPARTMENT. ANOTHER
ENTRY JOB IS A LABORATORY T E C H N I C I A N , SECOND
C L A S S , IN OUR LABORATORY DEPARTMENT.
ANOTHER ENTRY JOB IS OUR PROCESS CON
TROL CHEMIST IN OUR CHEMIST GROUP IN OUR LABORATORY
ANOTHER ENTRY JOB IS THE OI LER IN THE OI LE R DE
PARTMENT. ANOTHER ENTRY JOB IS LABOR OR YARDMAN
IN OUR LABOR DEPARTMENT.
I B E L I E V E THAT THAT IS THE T O T A L , MRS.
I
MC DONALD.
I
Q ARE NEW PERSONS WHO ARE EMPLOYED FOR THE FI RST
TIME GENERALLY EMPLOYED IN ONE OF THESE I N I T I A L
ENTRY JOBS THAT YOU HAVE J U S T MENTIONED?
A YES .
EVEL YN OVERHECK
O F F IC IA L CO U RT R E P O R T E R ~ 88
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Q NOW, THE BALER HELPER JOB IS IN THE PRODUCTION
DEPARTMENT, IS THAT CORRECT?
A THAT IS CORRECT.
Q IS I T TRUE THAT MOST OF THE I N I T I A L OPERATIONS
OCCUR IN THE BALER HELPER JOB IN THE PRODUCTION,
AND THAT THE GREATER PERCENTAGE OF PERSONS WHO
ARE HIRED I N I T I A L L Y COME INTO THAT JOB?
A THAT HAS BEEN TRUE.
Q NOW, CAN YOU GIVE ME AN ESTIMATE OF WHAT WOULD
BE THE PERCENTAGE OF NEW EMPLOYEES WHO COME IN
THE PLANT BY WAY OF THE BALER HELPER JOB I N I T I A L L Y ?
A WELL, AT THE PRESENT, MRS. MC DONALD, THE GREATER
MAJORITY OF OUR EMPLOYEES CAN COME IN AS LABORERS.
Q AND HOW LONG HAS THAT BEEN THE CASE?
A S INCE MAY, *7 1 .
Q OF ’ 71?
A RIGHT .
Q PRIOR TO THAT TIME WHAT WERE THE APPROXIMATE PER
CENTAGE F I GU RES ?
A I WOULD ESTIMATE PRIOR TO THAT TIME S E V E N T Y - F I V E
PER CENT CAME IN AS BALER HE LPERS .
Q AND APPROXIMATELY WHAT PERCENTAGE OF THE NEW EM
PLOYEES WOULD COME IN AS U T I L I T I E S OPERATOR?
A A LOW PER CENT.
Q PROBABLY LESS THAN ONE PER CENT, WOULD THAT BE TRUE
EV E L Y N OVIUMECK
O F F IC IA L CO U RT R R t'O K T K tt 89^
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A PROBABLY.
Q WOULD THAT ALSO BE TRUE FOR THE STORAGE CLERK?
A YES , ABOUT AT THAT L E V E L .
Q LESS THAN ONE PER CENT OR SO?
A 1 WOULD ESTIMATE THAT BETWEEN ONE AND F I V E PER
CENT, WE’ LL SAY.
Q PRIOR TO A P R I L OF ' 7 1 , WHAT WERE THE PERCENTAGE
F I G U R E S , APPROXIMATELY, FOR THE WAREHOUSEMAN-
SHIPPER JOB CATEGORY?
A I WOULD ESTIMATE THAT AT TEN PER CENT.
Q AND FOR THE LABOR T ECHNI CI AN SECOND CLASS?
A F I V E PER CENT.
Q AND FOR THE PROCESS CONTROL CHEMISTS?
A THREE PER CENT.
Q AND FOR THE O I L E R JOB?
A LESS THAN THREE PER CENT.
Q AND FOR THE LABOR AND YARDMEN PRIOR TO A PR IL OF
THIS YEAR?
A OVER HOW LONG A PERIOD?
Q YOU HAVE T E S T I F I E D THAT S INCE APPROXIMATELY APRIL
OF THIS YEAR.
A RIGHT .
Q THE MAJORITY OF NEW PERSONS HIRED COME IN I N I T I A L L Y
AS LABORERS.
A YES .
E VELYN OVEliHECK
O F F IC IA L CO U RT R K C O R T IjR 90 ^
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Q NOW, PRIOR TO A PR IL OF THIS YEAR WHAT PERCENTAGE
GENERALLY CAME IN AS LABORERS?
A JUST GUESSING, BACK OVER THE YEARS I WOULD SAY
F I V E PER CENT. THERE WERE SOME PERIODS IT WAS
GREATER THAN THAT, SOME YEARS. I DIDN’ T ATTEMPT
TO TOTAL THOSE IN MY MIND.
Q I HAVEN’ T E I T H E R . I UNDERSTAND THIS IS AN E S T I
MATE .
A OKAY.
Q NOW, WHY S INCE A P R I L OF THIS YEAR IS IT THE
MAJORITY OF THE EMPLOYEES AS YOU HAVE T E S T I F I E D
COME IN I N I T I A L L Y AS LABORERS?
A WELL, UNDER OUR UNION CLAUSE THEY HAVE THE RIGHT
TO BID INTO OTHER JOBS AS THEY BECOME VACANT.
Q WHAT CHANGES OCCURRED IN A PR IL OF ’ 71 , I F ANY,
THAT SEEMINGLY HAS CHANGED THE EMPLOYMENT DIRECTION
FOR NEW EMPLOYEES?
A WELL, WE NO LONGER APPLY ANY TESTING PROGRAM OR
REQUIRE ANY EDUCATIONAL Q U A LI F I C A T I O N S . THIS IS
SOMETHING THAT WE SUSPENDED UNDER THE Q . F . A . E .
FEE IN A P R I L OF ' 7 1 .
Q DID YOU ALSO THEN BEGIN TO EMPLOY AT THAT TIME THE
GREATEST PERCENTAGE OF ALL EMPLOYEES IN LABORER
JOBS I N I T I A L L Y ?
A RIGHT.
E V EL) N OV Kit HECK
OFFICIAL COOirr ltKFOHTEK̂ , CJ J CU
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} ALONG WITH EXTENSION OF THESE TESTS IN HIGH SCHOOL,
IS THAT RIGHT?
\ WE LL , ONE LED TO THE OTHER, BECAUSE WE SUSPENDED
TE ST IN G AND OUR HIGH SCHOOL REQUIREMENT. THERE IS
J U S T A GENERAL BID UP OF TRANSFERS FROM THE LABOR
GROUP INTO THE OTHER GROUPS.
Q NOW, PRIOR TO THE SUSPENSION OF THE TE ST ING AND
EDUCATIONAL REQUIREMENTS IT WAS NOT A REQUIREMENT
TO S A T I S F Y THE TE STING IN HIGH SCHOOLS TO BE EM
PLOYED IN LABOR, CORRECT?
A THAT IS RIGHT.
Q SO THEN THIS IS WHY - - BUT THERE WAS A REQUIREMENT
THAT THESE BE S A T I S F I E D FOR OTHER DEPARTMENTS,
IS THAT CORRECT?
A THAT IS CORRECT.
Q SO THEN WITH THE SUSPENSION OF THESE REQUIREMENTS
THEN AL L PERSONS, REGARDLESS OF THE JOB FOR WHICH
THEY ARE H I R ED , HAVE TO S A T I S F Y THE SAME REQUI RE
MENTS AND THAT IS WHY THEY ARE EMPLOYED I N I T I A L L Y
IN LABOR, IS THAT CORRECT?
A THAT IS RI GHT, BECAUSE OF THAT THE E F F E C T HAS BEEN
THAT WE EMPLOY LABORERS OR HIRE LABORERS AND WHEN
WE HAVE OTHER VACANCIES THEY HAVE BEEN TRANSFERRED
FROM THE LABOR DEPARTMENT TO THE DEPARTMENT WHERE
THE VACANCY I S .
11
EVEL YN OVERHECK
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Q NOW, DURING 1970 , MR. VAN OSDALL, DID YOU BECOME
AWARE OF THE FACT THAT MINO RIT IE S TENDED TO BE R E
JECTED IN GREATER NUMBERS BY GOODYEAR BECAUSE OF
THEIR I N A B I L I T Y TO PASS THE TESTS THAT WERE B^ING 1
GIVEN THAN WHITES?
A WELL, MRS. MC DONALD, I DO KNOW IN AN ATTEMPT TO
RESPOND TO YOUR QUESTION THAT THE PERCENTAGE WE
HIRED OF NEGROES HAD INCREASED AND WAS STEA DILY
INCREASING. I CAN'T SAY WITH A P O S I T I V E OPINION
THAT WE HAD TO TEST MORE NEGROES IN ORDER TO OBTAIN
THAT MANY, BUT I RATHER THINK THAT THAT WAS THE
TRUTH, THE CASE .
Q SO THEN THE ANSWER TO MY QUESTION WOULD BE WHAT,
YES OR NO?
MR. BURCH: YOUR HONOR, I SUB-
!MIT HE HAS ANSWERED THE QUESTION AND IT
I S NOT S U S C E P T I B L E TO JUST A YES OR NO.
THE COURT: I WILL PERMIT HIM
TO ADD TO THE ANSWER I F HE WISHES TO.
COMPLETE YOUR ANSWER, MR.
VAN OSDALL.
A WELL, IT COULD WELL HAVE BEEN THAT WE HAD TO TEST
MORE NEGROES TO ARRIVE AT AND S EL EC T THE NUMBER OF
NEGROES WE HIR ED, BUT I REALLY CAN'T SAY THAT IN
SUPPORT OF DATA.
" E V E L Y N O V E h ’ H E C K
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Q
A
Q
A
Q
A
Q
A
Q
A
Q
NOW, THAT IS YOUR EXPLANATION REALLY OF THE ANSWER.
IWHAT WOULD BE THE ANSWER, THOUGH, YES OR NO? |
WOULD YOU STATE THE QUESTION AGAIN?
WELL, ARE YOU SAYING THAT PERHAPS YOU WOULD HAVE
TO TEST MORE NEGROES THAN WHITES TO GET THE PER
CENTAGE OF NEGROES THAT YOU HAD?
VERY P O S S I B L Y .
THIS IS YOUR EXPLANATION?
VERY P O S S IB L Y .
NOW, I S N ' T THAT BECAUSE A GREATER PERCENTAGE OF
NEGROES WERE REJE CTE D BECAUSE THEY F A I LE D TO PASS
THE PRE-EMPLOYMENT TESTS THAN WHITES, AND WEREN'T
YOU AWARE OF THIS DURING THAT PERIOD OF 1970?
WELL, IT WASN'T AN IMPORTANT AWARENESS TO ME. WE
WERE DOING - - WE WERE HIRING THE PERCENTAGE OF
NEGROES THAT E X I S T S IN THE AREA.
I R E A L I Z E
IN FACT, WE HAD TO TEST MORE NEGROES TO HIRE THAT
MANY. I F I WAS GENERALLY AWARE THAT WAS GOING ON,
I
Y E S , BUT I DID NOT F E E L WE WERE IN VIOLATION OF
THE LAW OR ANY REQUIREMENT BY HAVING DONE THAT.
I
MR. VAN OSDALL, YOU ARE REALLY GETTING BEYOND MY
QUESTION. I UNDERSTAND NOW YOU HAD TO TEST MORE
NEGROES TO GET THE ONES THAT YOU HAD. NOW, WHY IS
THAT TRUE?
_________i 1 3
EVELYN OVER BECK
O F F IC IA L CO U R T R E P O R T E R 94 «•
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A YOU MEAN YOU WANT MY OPINION OF THE PSYCHOLOGICAL
i
TRAINING OF NEGROES IN THE HOUSTON AREA AND THIS
SORT OF THING, TO ANSWER THAT WAY?
Q NO, S I R . I WOULD JUST L I K E YOU TO ANSWER THE
QUESTION THAT I HAVE ASKED YOU, AND THAT IS - -
A I DON’ T SET MYSELF UP AS AN AUTHORITY TO KNOW OR
TO T E S T I F Y WHY IT IS TRUE. I T COULD WELL BE TRUE
BECAUSE NEGROES HAVEN’ T HAD THE EDUCATIONAL AD
VANTAGES. THAT COULD WELL BE THE REASON. BUT I
AM NOT HERE AS AN EXPERT WITNESS TO HAVE THAT
OPINION. I KNOW IT DID E X I S T .
Q WHAT DID E X I S T ?
A AM I ANSWERING YOUR QUESTION?
Q I DON'T THINK YOU ARE. MAYBE YOU'RE NOT UNDERSTAND
ING THE QUESTION.
I AM ASKING YOU DURING THE PERIOD OF 1970
WERE YOU AWARE THAT A GREATER PERCENTAGE OF NEGROES
WERE REJECTED FOR FA I L I N G TO PASS THE PRE-EMPLOYMEN
TEST THAN WHITES? I UNDERSTAND YOU HAVE GIVEN AN
I
EXPLANATION.
|
A YES .
I
Q WHAT IS YOUR ANSWER?
A I WOULD SAY Y E S .
Q Y ES?
A Y E S .
evelyx oyer heck
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Q WHEN DOES AN E M P L O Y E E ' S PLANT S ENIOR IT Y BEGIN?
A AFT ER HE HAS BEEN EMPLOYED NINETY DAYS.
Q AND THEN WHEN DOES HIS D I V I S I O N A L S ENI OR IT Y BEGIN?
A THE SAME, AFTER HE HAS BEEN EMPLOYED IN A DI VI SI ON
FOR NINETY DAYS.
Q AND WHAT G E N E R A L L Y , SO THE COURT CAN GET AN UNDER
STANDING, I R E A L I Z E IT IS IN THE LABOR CONTRACT - -
IS D I V I S I O N A L S ENIORIT Y USED FOR?
A S E L E CT I ON OF JOBS WITHIN A D I V I S I O N , LAYOFFS
WITHIN A D I V I S I O N , ANY PREFERENCES THAT MIGHT BE
BASED ON S ENIOR IT Y WITHIN A D I V I S I O N .
Q VACATIONS?
A NO.
Q IS THAT PLANT S E NI OR I TY ?
A RIGHT.
Q SO IS IT TRUE THEN - -
A I MAY WELL SAY THAT THE S E L E CT I ON OF WHEN A MAN
TAKES A VACATION IS BASED ON D I V I S I O N A L S E N I O R I T Y ,
BUT THE E L I G I B I L I T Y , THE AMOUNT OF VACATION TO
WHICH HE IS E N T I T L E D , IS BASED ON HIS PLANT S E N I O R ! '
Q I S E E . BUT WHEN COMPETING AMONG EMPLOYEES TO DE
TERMINE WHO HAS THE F I R S T OPPORTUNITY TO CHOOSE A
CERTAIN PERIOD OF T I ME , THEN THAT IS BASED ON DIVIS
S E N I O R I T Y , IS THAT TRUE?
A THAT IS CORRECT.
̂ ' K V E I A ' N O V E U H E C K ~ 9 6
OFFICIAL COURT RKI‘OHTF.R
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Q NOW, PRIOR TO THE LABOR AGREEMENT, THE CURRENT
LABOR AGREEMENT E F F E C T I V E JULY 2 4 , 1970 , IS IT
TRUE THERE WAS NO CONTRACT PROVISION FOR AN EMPLOY
TO TRANSFER FROM ONE DEPARTMENT TO ANOTHER?
A THAT IS CORRECT.
Q HOW DID AN EMPLOYEE WHO WANTED TO TRANSFER FROM
ONE DEPARTMENT TO ANOTHER TRANSFER, I F THAT WAS
P O S S I B L E , PRIOR TO THE CURRENT CONTRACT?
A HE MADE HIS WISHES KNOWN TO US IN THE PERSONNEL
DEPARTMENT AND WE EXAMINED OR EVALUATED HIS QUALI
F ICATIONS AND I F WE CONSIDERED HE WAS SATISFACTORY
WE TRANSFERRED HIM.
Q DID THE FOREMAN OF AN EMPLOYEE'S DEPARTMENT THAT
HE WAS IN GIVE HIS OPINION AS TO WHETHER OR NOT
HE F E L T THE EMPLOYEE SHOULD BE TRANSFERRED?
A IN SOME CA SES , Y E S . IN SOME DEPARTMENTS, Y E S .
Q AND WOULD THE FOREMAN IN THAT DEPARTMENT TO WHICH
THE EMPLOYEE WANTED TO TRANSFER ALSO PLAY A ROLE
IN DETERMINING WHETHER OR NOT THAT EMPLOYEE WAS
TRANSFERRED INTO HIS DEPARTMENT?
A IN SOME DEPARTMENTS THAT IS TRUE.
Q FOR WHICH DEPARTMENTS WAS THAT TRUE?
A WELL, IN PRODUCTION IT WAS VERY RARELY TRUE THAT
THE FOREMAN HAD ANYTHING TO SAY ABOUT WHO THE EM
PLOYEE WOULD BE THAT WENT IN AS A BALER HELPER .
EVELYN OYERHECK
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IN THE U T I L I T I E S DEPARTMENT IT WAS TRUE THAT THE
FOREMAN HAD GOT QUITE INVOLVED, AND WE RESPECTED
HIS OPINION ON THE APPLICANT.
IN THE LABORATORY IT WAS D E F I N I T E L Y TRUE.
SOMEBODY, SOME MEMBER OF MANAGEMENT IN THE LABOR
ATORY, WOULD GIVE US HIS OPINION ON THE APPLICANT,
HIS A B I L I T Y TO LEARN THAT JOB.
IN THE RECEVING AND STORES, THIS CONSISTS
OF SEVERAL D IFFERENT ASSIGNMENTS AND IN SOME CASES
WE DID CONSULT OR COUNSEL WITH THE DEPARTMENT MANAGE
OR THE FOREMAN.
IN THE SHIPPING DEPARTMENT IT WAS SOME
TIMES YES AND SOMETIMES NO THAT WE WOULD CONSULT
WITH THE FOREMAN OF THE SHIPPING DEPARTMENT.
IN THE OILERS DEPARTMENT WE USUALLY ASKED
THE APPROVAL OF OR THE OPINION OF THE FOREMAN OF
THAT DEPARTMENT, I F HE THOUGHT THIS MAN COULD DO
THE OILERS JOB.
I THINK I HAVE GONE DOWN THE L I S T .
PRIOR TO THE CURRENT CONTRACT IS IT TRUE THAT THERE
WERE FEW TRANSFERS MADE BY EMPLOYEES FROM ONE DE
PARTMENT TO ANOTHER?
"FEW" IS A WORD THAT I DON'T KNOW WE ARE THINKING
THE SAME, BUT I WOULD ESTIMATE THERE WERE BETWEEN
25 AND 50.
E V E L Y N OVEHHECK
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Q
A
Q
A
Q
A
Q
A
Q
A
Q
TRANSFERS?
YES .
WOULD YOU SAY THAT THERE WERE ANY TRANSFERS MADE
BY EMPLOYEES IN PRODUCTION TO ANOTHER DEPARTMENT
DURING THIS PERIOD?
DURING WHAT PERIOD?
PRIOR TO JULY 24 , 1970?
I AM SURE THERE WERE SOME THROUGHOUT THE PERIOD
OF OUR PLANT'S OPERATIONS SINCE 1943.
WOULD YOU AGREE THAT IT WOULD BE RARE FOR AN EM
PLOYEE IN THE PRODUCTION DEPARTMENT TO TRANSFER
TO ANOTHER DEPARTMENT BECAUSE THAT DEPARTMENT
DOES CONTAIN THE HIGHEST PAYING JOBS , DOESN'T I T ?
I T DOES CONTAIN THE HIGHEST PAYING JOB IS TRUE.
THERE HAVE BEEN EMPLOYEES WHO ARE BALER HELPERS
WHO HAVE TRANSFERRED TO SHIPPING BECAUSE THEY COULD
GET THE MAXIMUM RATE IN SHIPPING WITHIN A MUCH
SHORTER TIME THAN THEY COULD GET THE OPERATOR'S
RATE IN PRODUCTION.
ONCE YOU ARE BEYOND THE JOB OF BALER HELPER WOULD
YOU AGREE IT WOULD BE RATE FOR AN OPERATOR TO TRANS
FER FROM PRODUCTION?
Y E S , THAT WOULD BE RARE.
THE GREATEST NUMBER OF THE TRANSFERS THAT OCCURRED
FROM ONE DEPARTMENT TO ANOTHER PRIOR TO THE CURRENT
E VELYN OV Eli HECK
O F F IC IM . CO U R T R E P O R T E R 99*
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A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
CONTRACT WERE MADE FROM THE LABOR DEPARTMENT TO OTHE
I
DEPARTMENTS, IS THAT CORRECT?
THE QUESTION IS OF ALL THE TRANSFERS WITHIN THE
P L A NT , THOSE FROM THE LABOR DEPARTMENT TO OTHER DE
PARTMENTS WAS GREATER THAN THOSE FROM ANY OTHER
DEPARTMENT TO ANY OTHER DEPARTMENT - - IS THAT THE
QUESTION?
WELL - -
R
LET ME ASK IT ANOTHER WAY. ARE YOU ASKING IF MORE
LABORERS TRANSFERRED OUT OF THEIR DEPARTMENT THAN
MORE EMPLOYEES IN ANY ONE DEPARTMENT?
Y E S , THAT IS MY QUESTION.
ANY ONE DEPARTMENT?
YES .
I WOULD THINK SO.
THE ANSWER WOULD BE YES?
I WOULD THINK SO.
NOW, PRIOR TO THE CURRENT CONTRACT, IF AN EMPLOYEE
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER AFTER
I
TWO YEARS HE WOULD F O R F E I T HIS S ENIOR IT Y IN HIS
HOME DEPARTMENT, IS THAT CORRECT?
I
T H A T ' S CORRECT.
NOW, UNDER THE CURRENT CONTRACT SUCH AN EMPLOYEE
DOES NOT FORFEIT HIS S ENI OR I TY IN HIS HOME DEPART
MENT; IT DOES NOT CONTINUE TO ACCUMULATE AFTER HIS
EVELYN OVERHECK
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TRANSFER, IS THAT CORRECT?
A THAT IS CORRECT.
Q BUT DURING THE PRESENT CONTRACT AND THE CONTRACT
PRIOR TO THE PRESENT ONE, AN E MP L O Y E E ' S DI VI SI ON
S ENI OR I TY WOULD BEGIN FROM HIS DATE OF TRANFER
OR THIRTY DAYS AFTER HIS DATE OF TRANSF ER, IS THAT
CORRECT?
A THAT IS CORRECT. IF YOU WOULD LET ME RESERVE THE
EXCE PTION OF THE E F F E C T E D CLAUSE PROPOSALS WE MADE.
Q A L L RI GHT. YOU COULD EXPL AIN THAT. YOU SAY YOU
WANTED TO RESERVE —
A WELL , IF YOU WILL LET ME MAKE THAT EXCEPTION TO MY
ANSWER.
Q MAYBE IT WOULD BE APPROPRIATE TO EXPL AIN TO THE COUI
WHAT YOU ARE TALKING ABOUT,WHEN THIS E F F E C T I V E CLAS
PROPOSAL WAS MADE BY THE COMPANY.
A OKAY. WE TALKED TO THE E F F E C T I V E CLASS OF EM
PLOYEES DURING THE WEEK OF NOVEMBER 8 T H , THIS YEAR,
AND TOLD THEM IF THEY WANTED TO TRANSFER TO ANOTHER
DEPARTMENT FROM THEIR LABOR DEPARTMENT THAT THEY
COULD CARRY WITH THEM THEIR S E N I O R I T Y .
TO MAKE AN EXAMPLE, IF AN EMPLOYEE HAD
WORKED AS A LABORER FOR T WENT Y- FI VE YEARS WE TOLD
HIM DURING THE WEEK OF NOVEMBER 8 TH THAT IF HE
WANTED TO TRANSFER TO PRODUCTION HE WOULD CARRY
EVELYN OVER HECK
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WITH HIM HIS TWENTY-FIVE YEARS' SENIO RITY INTO
PRODUCTION. FURTHERMORE, WE TOLD HIM THAT HE
WOULD ONLY NEED TO STAY ON THE ENTRY LEVEL J OB ,
THE BALER HELPER JOB, ONE DAY AND THEN HE WOULD
HAVE TWENTY-F IVE YEARS' S E N I O R I T Y , PRODUCTION
D I V I S I O N S E N I O R I T Y , TO BID ON AN OPERATOR'S JOB
WHICH WE HAD ON THE BUL LET IN BOARD AT THAT TIME.
NOW, THAT WAS THE STATEMENT WE MADE TO
THEM DURING NOVEMBER 8TH, BUT I AM SURE THE COURT
I S AWARE OF THE FACT THAT INJUNCTION WAS GRANTED
LATER THAT WEEK WHICH HELD UP THIS SEN IORITY CHANGE
TO THESE EFFECT ED CLASS PEOPLE.
WE DISCUSSED THAT, MRS. MCDONALD, AT THE
PREVIOUS T R IA L WHEN YOUR ASSISTANT WAS HERE.
Q NOW, ON NOVEMBER 8TH THE UNION HAD ALREADY MADE
THEIR REQUEST FOR AN INJUNCTION, IS THAT CORRECT?
A THAT IS RIGHT.
Q WOULD YOU SAY THAT IT WAS GENERALLY KNOWN IN THE
PLANT THAT THE UNION WAS TRYING TO GET AN INJUNCTIOf
CONCERNING THIS CHANGE?
A I WOULD ASSUME SO, MRS. MCDONALD, BUT I NEED TO
SAY THAT A LOT OF THINGS ARE KNOWN IN THE PLANT
THAT I DON'T KNOW, THAT I AM NOT ON OUR GRAPEVINE.
9 ™ IS PROPOSAL OF NOVEMBER 8 , ' 7 1 , WAS L IM ITE D TO
t h e p r o d u c t i o n , i s t h a t c o r r e c t ?
EVELYN OVERHECK
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A L IM ITE D TO WHAT?
Q L IM IT ED TO THE PRODUCTION DEPARTMENT, OR DID IT
APPLY TO ALL DEPARTMENTS?
A I T A PPL IED TO ALL OF THE DEPARTMENTS.
Q NOW, DID THIS NOVEMBER 8 , 1971 PROPOSAL PROVIDE
i
THAT AN EMPLOYEE WHO CHOSE TO E X E R C I S E THIS OFFER
WOULD NOT RETAIN SE NI ORI TY IN HIS HOME DEPARTMENT?
A THAT IS RIGHT . HE COULD NOT HOLD A TWENTY-F IVE
YEAR S EN IO RI T Y IN BOTH, THE PRODUCTION DEPARTMENT
AND THE LABOR DEPARTMENT. HE COULD CARRY IT WITH |
HIM BUT HE COULDN'T RETAIN AND CARRY - - IS THAT
YOUR QUESTION?
A Y E S , THAT IS THE QUESTION. THE ANSWER IS Y E S ,
IS THAT RIGHT?
A THAT IS RIGHT.
Q DID THIS PROPOSAL ALSO PROVIDE THAT THERE WOULD BE
A ONE-TIME OPPORTUNITY?
A YES .
Q I T COULD BE DONE ONCE, YOU COULD CHOOSE TO GO TO
THE DEPARTMENT ONCE AND BRING YOUR FULL PLANT
SE N I O R I T Y WITH YOU, IS THAT RIGHT?
A THAT IS RIGHT. I F YOU WILL LET ME AGAIN POINT
OUT THAT HE COULD HAVE GONE TO THE BALER HELPER
C L A S S I F I C A T I O N AND I F HE HAD NOT ADVANCED BEYOND
THE BALER HELPER C L A S S I F I C A T I O N IN PRODUCTION
_______________________________ _________________________ 2
EVEL YN OV Eli HECK
O F F IC IA L CO U R T R E I'O R TH R 103*
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THEN HE COULD HAVE TRANSFERRED TO ANOTHER DEPART
MENT AND CARRIED HIS S ENI OR I TY TO THE OTHER DEPART
MENT .
Q AND WITH THIS EXCE PTI ON IT WAS A ONE -T IME TRANSFER,
IS THAT RIGHT?
A RI GH T.
Q NOW, SUPPOSE AN EMPLOYEE TRANSFERRED TO A DEPART
MENT UNDER THE COMPANY'S PROPOSAL OF NOVEMBER 8 TH
AND HE WASN'T ABLE TO MAKE I T , EITHER HE P HY SI CA LL Y
WAS NOT ABLE TO PERFORM THE JOB OR FOUND OUT THAT
HE D I D N ' T L I KE IT AFTER HE GOT IT — NOW, UNDER
THE NOVEMBER 8 TH PROPOSAL HE DID NOT RETAIN
S E N IO R IT Y IN HIS HOME DEPARTMENT, SO WHAT WOULD
THAT EMPLOYEE DO?
A WELL , IF HE WAS D I S Q U A L I F I E D AND COUL DN' T DO THE
JOB WE WOULD TRANSFER HIM BACK WHERE HE WAS AND
HE WOULD HOLD THE SENIORITY IN THE JOB TO WHICH HE
HAD BEEN TRANSFERRED BACK.
NOW, WAS THERE MENTION OF THE RIGHT OF AN EMPLOYEE
IN THE E F F E C T E D CLASS TO RETAIN TO HIS HOME DEPART
MENT IF HE WAS D I S Q U A L I F I E D IN THE WRITTEN S T A T E
MENT THAT A COMPANY GAVE THE E F F E C T E D CLASS?
I DON'T RECALL THAT WE DID MAKE THAT POINT IN THE
WRITTEN STATEMENT.
BUT YOU WERE SAYING THAT IT WAS THE POLICY OF THEQ
L_
E V E L Y X O Y E R H E C K
O F F IC IA L CO U RT R E P O R T E R 1 0 ^ “ -
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COMPANY TO ADVISE EMPLOYEES OF THIS R IGHT , THOUGH?|I
A THAT IS THE POL ICY WE HAVE IN GENERAL, THAT I F A
1
MAN IS D I S Q U A L I F I E D HE GOES BACK TO THE DEPARTMENT
FROM WHENCE HE CAME.
Q I F AN EMPLOYEE OF THE EFFECT ED CLASS E X E R C I S E S THE
NOVEMBER 8TH RIGHT AND TRANSFERS TO ANOTHER DE
PARTMENT, FOUND OUT HE D IDN’ T L I K E THE JOB , HE
COULDN’ T RETURN TO HIS HOME DEPARTMENT, COULD HE,
WITH ITS S E N I O R I T Y ?
A WELL, IT WAS A ONE-TIME PROPOSAL. HE COULDN’ T
CHOOSE AND TRY AND MAKE REPEATED CHOICES .
Q NOW, WHO WAS THIS EFFECT ED CLASS THAT YOU HAVE
MENTIONED? YOU HAVE USED THE WORD ’’ EFFECTED C L A S S . "
WHO ARE WE TALKING ABOUT?
A ALL RIGHT . WE ARE TALKING ABOUT EMPLOYEES IN
RESIDENCE HIRED PRIOR TO 1957 .
Q SEPTEMBER 7 TH ?
A R IG HT , HIRED PRIOR TO THAT TIME AND WITH RESIDENCE
OF OR HAD THE IR EMPLOYMENT IN THE LABOR DEPARTMENT.
DO YOU WANT ME TO - -
Q WERE THESE EMPLOYEES HIRED PRIOR TO '57 OR EM
PLOYEES HIRED PRIOR TO SEPTEMBER 7 TH, ' 6 5 ?
A WELL, IT WAS ORIG INALLY ’ 57 , BUT WE HAVE EXTENDED
I T AND LENGTHENED THE L I S T TO SEPTEMBER 7 T H , 1 9 6 5 .
Q NOW, THE PRE-57 GROUP WOULD HAVE BEEN ALL BLACKS
2 *♦
E V E L Y N OYEHHECK
O F F IC IA L CO U RT ItF .FO R T K R 105*.
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OR OTHER M I N O R I T I E S , IS THAT CORRECT?
A R IGHT .
Q BLACKS OR ME X I CAN-AMERI CANS?
A R IGHT .
Q NOW, WHY IS I T 1 THE COMPANY GAVE THESE PRE-
57 GROUPS AN OPPORTUNITY TO E X E R C I S E THIS NOVEMBER
8 TH RIGHT?
A WHY DID WE G I VE THEM THE RIGHT ON NOVEMBER 8 TH ?
Q Y E S . WHY DID THE COMPANY - -
A I NEED TO EXPLAIN TO YOU, MRS. MC DONALD, WE GAVE
THEM OFFERS PREVIOUS TO NOVEMBER 8 , 1971.
Q I UNDERSTAND, BUT I AM TALKING ABOUT - -
A BUT THIS WAS IN RESPONSE TO A REQUEST THAT WE
DO SO BY THE O . F . C . C . OR THE O F F I C E OF FEDERAL
CONTRACT COMPLIANCE COMMISSION, WHICH IS ADMINIST
ERED BY THE A . E . C . IN OUR PLANT.
Q WHY ARE EMPLOYEES HIRED IN 1957 IN THE LABOR DE
PARTMENT, WHY NOT HIREDIN OTHER PLACES?
A SEPTEMBER 7 , 1965 WAS THE DAY IN WHICH WE BEGAN
THE EMPLOYMENT OF A WHITE OR A CAUCASIAN IN THE
LABOR DEPARTMENT.
I '
YOU MEAN WHY THE SELECT ION OF THAT AS THE
DATE?
Q YES .
A WHAT IS THEREASON FOR THE SELECT ION OF THAT DATE?
E V E L Y N OVER HECK
O F F IC IA L CO U R T R E P O R T E R
1 0 6 ~
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Q IS IT TRUE THAT NONE OF THE WHITE EMPLOYEES HIRED
I
PRIOR TO 1957 HAVE TRANSFERRED FROM THEIR DEPART
MENT THAT THEY WERE HIRED INTO?
A NO, THAT IS NOT TRUE.
Q THAT IS NOT TRUE?
A NO.
Q NOW, WOULD A WHITE PERSON WHO IS HIRED AND WOULD
HAVE TO BE IN A DEPARTMENT OTHER THAN LABOR OR
HAVE TO TAKE AND ACHIEVE A CERTAIN SCORE ON TESTS
I F HE TRANSFERRED FROM HIS DEPARTMENT AFTER ' 5 7 ?
A YES .
Q SO THAT I F SUCH AN EMPLOYEE HAS TRANSFERRED HE
HAS TAKEN THE T E ST S ?
A R IGHT .
Q DOES THE COMPANY HAVE THE SCORES FOR THESE IN
DIVIDUALS WHO TOOK THESE TE ST S ?
A WELL, I CAN’ T ASSURE YOU THAT WE HAVE EVER SCORE OF
j
EVERY EMPLOYEE WHO EVER TOOK A T E S T . WE HAVE A LOT
OF THEM. WE HAVE LOANED OUT TESTS TO FOREMEN AND
PEOPLE L I K E T H I S . WE GAVE SOME TESTS TO THE
UN IVERS ITY OF HOUSTON PSYCHOLOGISTS WHO ARE CON-
>
SULTING .
Q DOES THE COMPANY HAVE TEST SCORES FOR ANY EMPLOYEE
HIRED PRE-57 EXCEPT FOR BLACK EMPLOYEES?
A EXCEPT FOR BLACK EMPLOYEES?
EVEL YN OVEItliECK
O F F IC IA L CO U RT RF.FOUTF.R 107**-
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Q THE REASON I ASK IS I D IDN'T GET ANY. I ASKED
FOR SOME AND OBVIOUSLY THERE ARE NONE.
UNLESS YOU CAN CORRECT ME, I F SO, I
WOULD L I K E TO FIND OUT.
MR. BURCH: YOUR HONOR, I DON'T
KNOW I F A REQUEST L I K E THAT HAS BEEN
MADE. WE HAVE FURNISHED AS FAR AS I KNOVf
ALL THE TEST SCORES AND THE TEST DATA
WE HAVE BEEN ASKED FOR. I HAVE ONE SET
OF TEST SCORES THAT WE WERE ASKED ABOUT
JUST A DAY OR TWO AGO FOR TEN NAMED
BLACK EMPLOYEES WHICH I HAVE FURNISHED.
MRS. MC DONALD. WHAT I DID,
I SPOKE WITH MR. GOFORTH. I HAD DATA ON
PR E- 19 57 BLACKS, EDUCATIONAL LE VE L AND
TEST SCORES. AFTER THE RESPONSES WERE
GIVEN TO ME I DID NOT HAVE THAT ON
PRE-57 WHITES. I HAVE GOTTEN THE EDU
CATIONAL L E V E L , BUT NO TEST SCORES. I F
THERE ARE SOME I WOULD L I K E TO FIND OUT.
MR. BURCH: I KNOW WE WERE
ASKED FOR EDUCATIONAL LEVELS FOR PRE-
1957 WHITES. I T TOOK SOME TIME AND WAS
COMPILED AND GIVEN TO YOU.
THE COURT: I DON'T WANT TO
EVELYN 01E lUi FA' K
O F F IC IA L C O IJliT K K P O aT F .K 103<t
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Q
A
Q
A
INDULGE IN THE ANSWERS TO INTERROGATORIES
AT THIS T IME. I HAD RATHER HAVE YOU D I
RECT YOUR QUESTIONS TO THE WITNESS AS TO
WHAT HE HAS. IN THE EVENT THE ANSWERS
DEVELOP INFORMATION THAT HAS NOT COME
TO YOUR ATTENTION BEFORE, WHY TAKE IT
UP IMMEDIATELY WITH COUNSEL AT THE
INTERMISSION.
TO YOUR KNOWLEDGE, MR. VAN OS DAL L , HAVE ANY
WHITE PERSONS HIRED PRIOR TO 1956 TAKEN THE TEST
THAT WAS GIVEN BY THE COMPANY - - P R I O R TO ’ 57 , EX
CUSE ME.
MAY I SAY F I R S T , MRS. MC DONALD, THAT I REALLY
DON'T KNOW OF ANY WHITE EMPLOYEE HIRED IN PRIOR
TO 1956 WHO HAS TRANSFERRED.
IT WOULD BE PRIOR TO ’ 57 , ACTUALLY.
PRIOR TO ' 5 7 , Y E S .
MRS. MC DONALD: NOTHING
FURTHER, YOUR HONOR.
THE COURT: ALL RIGHT. MR.
BURCH.
MR. BURCH: JUST A COUPLE OF
QUESTIONS, YOUR HONOR, AND I WOULD RE
SERVE MOST OF MINE UNTIL OUR DIRECT
TESTIMONY.
EVEL YN OVEUBECK
O F F IC IA L CO U RT H K F O K T E R 109*.
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THE COURT: I UNDERSTAND.
CROSS EXAMINATION
BY MR. BURCH:
Q MR. VAN OS DAL L , I THINK YOU MAY HAVE MADE THIS
CLEAR, BUT I WOULD L I K E TO BE SURE IT I S . YOU
HAVE USED THE TERM " E FF EC T ED CLASS" WITH A PAR
TICULAR MEANING, HAVE YOU NOT?
A I HAVE.
Q AND WITHOUT GOING INTO THE SUBSTANCE OF WHAT YOU
AND THE ATOMIC ENERGY COMMISSION OR PREVIOUS
GOVERNMENT AGENCIES HAVE SAID TO ONE ANOTHER, IS
I T CORRECT OR NOT THAT ABOUT 1968 THE COMPANY
MADE A PARTICULAR TRANSFER OPPORTUNITY OVER TO
CERTAIN EMPLOYEES IN THE LABOR DEPARTMENT?
A THAT IS CORRECT.
Q AND WHAT GROUP WAS GIVEN THE OFFER IN ' 6 8 ?
A THOSE HIRED PRIOR TO 1957.
Q ALL RIGHT. AND AT THAT TIME IN YOUR DEALINGS WITH
THE GOVERNMENT AGENCY DID YOU ESTABL ISH THIS TERM
" E F F E C T E D CLASS" TO REFER TO THAT GROUP?
A THIS WAS THE TERM THAT THEY USED WITH US AND WE
USE , I GUESS, IN RETURN SO TO SPEAK.
Q ALL RIGHT. YOU AGAIN MADE A S P E C I A L TRANSFER
OPPORTUNITY OVER TO A CERTAIN GROUP OF EMPLOYEES
HVKLYX OYER BECK
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IN 1969, DID YOU NOT?
A THAT IS RIGHT. WE DID.
Q AND AT THAT TIME WHAT GROUP WAS GIVEN THIS OFFER?
A THOSE HIRED PRIOR TO 1957.
Q ALL RIGHT , S I R . THEN IN 1971 , IN NOVEMBER WHEN
YOU MADE THE OFF ER , THE GROUP WAS EXPANDED, WAS
I T NOT?
A THAT IS CORRECT.
Q NOW, THE D E F IN I T I O N OF THE GROUP IN 1971 , WAS
THAT ARRIVED AT BY DISCUSSION OR NEGOTIATION
WITH THE A . E . C . OR IN WHAT MANNER WAS THAT NEW
D E F IN I T I O N CREATED?
A WHEN YOU ARE SAYING THE D E F I N I T I O N , YOU ARE TALK
ING ABOUT THE NAMES OF THE PEOPLE IN THE EFFECTED
CLASS?
Q I 'M TALKING ABOUT THE FACT THE CLASS WAS EXTENDED
TO INCLUDE PERSONS HIRED PRIOR TO SEPTEMBER 7, 1965
A THE EXTENTION AND THE MAKE-UP OF THE GROUP, SO
TO SPEAK, WAS AS REQUESTED OF US BY THE REVIEWING
O F F I C E R OF THE A . E . C .
Q ALL RIGHT. YOU WERE ASKED SOME QUESTIONS ABOUT
YOUR AWARENESS OF THE RESULTS OF TESTS THAT WERE
BEING GIVEN IN 1970 , AND WHETHER YOU WERE AWARE
THAT THOSE T E S T S , THAT MORE BLACKS F A I L E D THOSE
TESTS THAN WHITES. I WILL ASK YOU F I R S T , DO YOU
EVELYN OYEHHECK
O F F IC IA L CO U R T U F.FO U TER 1 1 1 *
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ADMINISTER TESTS OR DID YOU ADMINISTER TESTS IN
I
THE NORMAL ROUTINE OF OPERATING YOUR DEPARTMENT?
A PERSONALLY?
Q Y E S , S I R .
A NO, VERY RARELY.
Q PARDON ME?
A VERY RARELY. THERE WOULD BE DAYS WHEN MR. MOSLEY
WOULD BE ON VACATION AND THAT SORT OF THING AND
I WOULD GIVE THE T E S T S .
Q IN 1970 , THE PERIOD MRS. MC DONALD ASKED YOU ABOUT.
WAS THERE ANY PARTICULAR REASON TO BE AWARE OF
THE EF F E C T OF THE TEST ON HIRING BLACKS, OR DO
YOU REMEMBER IN 1970 GIVING ANY WEIGHT TO THAT
CIRCUMSTANCE?
A I REALLY DON'T REMEMBER THAT BEING A POINT THAT
WE WERE CONCERNED ABOUT OR WE THOUGHT WAS OF
INTEREST TO OUR T ES T IN G . BY THAT, I MEAN THAT WE j
WERE S T I L L HIRING BLACKS AND THE PERCENTAGES SHOWN
IN OUR RECORDS, AND THE FACTS THAT WE WERE GIVING
MORE TESTS TO BLACKS THAN WE WERE TO WHITES IN
ORDER TO HIRE THAT PERCENTAGE, WE D IDN'T F E E L THAT
WAS OF GREAT CONCERN TO US.
Q NOW, AT ANY TIME IN THE PAST PRIOR TO 1970 WAS IT
EVER NOTED OR DISCUSSED THAT A HIGHER PERCENTAGE
OF BLACKS THAN WHITES PERHAPS HAD NOT PASSED THESE
EVEL YN OVERHECK
O F F K ' IM , c o r i n ' MS P O R T E R 112«-
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32
T E ST S ? !I
A S INCE 1970?
Q NO, I AM SAYING IN THE PAST PRIOR TO 1970 WHETHER
OR NOT YOU CAN GIVE US A DATE, JUST T E L L US WHAT
THE FACTS WERE.
A I CAN'T RECALL THIS BEING A MATTER OF EXAMINATION
OR DI SCUSS ION . I REALLY DON'T.
Q AT THE TIME YOU SUSPENDED YOUR USE OF THE EMPLOY
MENT TESTS WAS IT THE B E L I E F OF THE COMPANY THAT
THOSE TESTS WERE IN ANY WAY IMPROPER OR UNLAWFUL?
A NO.
Q WHY DID YOU SUSPEND THE USE OF THE T E ST S ?
A BECAUSE THE REVIEWING O F F IC E R OF THE ATOMIC
ENERGY COMMISSION MADE SUCH A REQUEST IN ORDER TO
APPROVE AFF IRMATIVE ACTION PROGRAM.
Q YOU WERE ASKED SEVERAL QUESTIONS HERE ABOUT THE
TRANSFER OF WHITES HIRED BEFORE 1957 FROM ONE DE
PARTMENT TO ANOTHER. IS IT YOUR TESTIMONY THAT
AS OF THIS TIME YOU SIMPLY DO NOT KNOW THE NAME
I
OF ANY SUCH WHITE?
A THAT IS MY TESTIMONY.
I
Q IS I T YOUR TESTIMONY OR NOT THAT YOU B E L I E V E SOME
SUCH TRANSFERS HAVE OCCURRED, OR DO YOU HAVE AN
OPINION OR B E L I E F OR ANY KNOWLEDGE ON THE SUBJECT
AT THIS POINT?
E V E L Y N O V E U H E C K
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A WELL, MY B E L I E F IS THAT THESE EMPLOYEES HIRED
j
PRIOR TO 1957 WERE AND ARE RELUCTANT TO G IV E UP
1
THEIR D I V I S I O N SEN IO RIT Y IN ORDER TO TRANSFER TO
ANOTHER D I V I S I O N . I CAN'T THINK OF ANY INDIVIDUAL
WHO HAS DONE THAT.
JUST IN GENERAL, IT WOULD BE MY OPINION
THAT IT IS VERY L I K E L Y THAT NONE DID.
Q ALL RIGHT. AGAIN, I 'M ASKING YOU ABOUT WHITES
HIRED BEFORE 1957.
A I UNDERSTAND.
Q ALL RIGHT , S I R .
A MAY I MAKE THIS POINT - -
Q NO. WE WILL TRY TO KEEP IT SHORT.
A ALL RIGHT.
Q I F A PR E-1957 WHITE HAD DESIRED TO TRANSFER FROM
ONE D I V I S I O N TO ANOTHER IS I T CORRECT OR NOT
THAT HE WOULD HAVE BEEN SUBJECT TO THE SAME
SEN IO RI T Y REQUIREMENTS AS A BLACK EMPLOYEE, FOR
EXAMPLE, WHO WANTED TO TRANSFER FROM A LABOR
DEPARTMENT TO ANOTHER?
A THAT WOULD HAVE BEEN OUR ANSWER TO HIM, TO A WHITE
/
EMPLOYEE, RIGHT.
Q WOULD THAT HAVE BEEN YOUR UNDERSTANDING OF THE
LABOR CONTRACT AS IT A PPL IED TO ALL EMPLOYEES?
A OF COURSE THE LABOR CONTRACT DIDN' T SPEC I FY THE
E V E L Y N O V E R H E C K
O F F IC IA L c o r H T H F.FO IITF.il l 14-“-
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TESTS AND EDUCATIONAL REQUIREMENT.
Q I 'M ASKING YOU ABOUT THE S E N I O R I T Y .
A EXCUSE ME. THE S E N I O R I T Y , AS YOU EXPLAINED UNDER
THE LABOR CONTRACT.
Q AS FAR AS YOU KNOW I F A PR E- 195 7 WHITE HAD R E
QUESTED TO TRANSFER FROM ONE D I V I S I O N TO ANOTHER
OR DEPARTMENT TO ANOTHER AT THE TIME YOU WERE US
ING THE TEST WOULD IT HAVE BEEN THE POLICY OF THE
COMPANY TO REQUIRE THEM TO TAKE THOSE T E ST S ?
A YES .
Q NOW, LET ME ASK YOU JUST A DET AI L THAT MIGHT BE
WELL TO CLEAR UP. IN THE DEPARTMENTS OTHER THAN
PRODUCTION AND THE LABOR DEPARTMENT IS IT COR
RECT THAT THE ENTRY LEVEL JOB IS THE ONLY JOB IN
THOSE DEPARTMENTS?
A P R A C T IC A L LY , Y E S .
Q THERE ARE A FEW EXCEPTIONS WHERE YOU HAVE LEAD
MAN TYPE JOBS, IS THAT CORRECT?
A Y E S , THAT IS CORRECT.
Q ALL RIGHT. IS IT CORRECT OR NOT THAT IN THE PRO
DUCTION DEPARTMENT THERE ARE SEVERAL HIGHER-PAY ING
JOBS THAN THE JOB OF BALER HELPER?
A THAT IS TRUE.
MR. BURCH: ALL RIGHT. PASS
THE WITNESS.
EV E L Y N OVERHECK
O F F IC IA L COl^HT H F F O R T E R 115*-
r.
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THE COURT: MR. WHEAT.
MR. WHEAT: YOUR HONOR, WE HAV
!
NO QUESTIONS OF THIS WITNESS AT THIS
T IME .
MRS. MC DONALD: JUST A COUPLE
OF QUESTIONS.
REDIRECT EXAMINATION
BY MRS. MC DONALD:
Q IS I T TRUE, MR. VAN OSDALL, THAT AN EMPLOYEE HIRED
PRIOR TO 1957 DID NOT HAVE TO TAKE A TEST OR
S A T I S F Y THE EDUCATIONAL REQUIREMENTS TO REMAIN
ON HIS JOB IN PRODUCTION; IS THAT TRUE?
A THAT IS TRUE.
Q IS I T ALSO TRUE THAT HE DID NOT HAVE TO SA T I SF Y
THESE REQUIREMENTS, PRE-57 EMPLOYEES, TO PROMOTE
TO A HIGHER PAYING JOB WITHIN PRODUCTION?
A THAT IS TRUE.
Q IS THAT TRUE FOR THE OTHER DEPARTMENTS AS WELL?
A EXCEPT FOR THE LABOR DEPARTMENT, YE S .
Q NOW, EVEN IN THE LABOR DEPARTMENT THERE WAS NO
i
REQUIREMENT THAT HE TAKE A TEST TO REMAIN ON THE
JOB, IS THAT TRUE?
A Y ES , THAT IS TRUE.
Q NOW, YOU HAVE T E S T I F I E D THAT THE COMPANY DROPPED
EV E L Y N OVERHECK
O F F IC IA L CO VU T R K R O R T E R 1 1 6 * -
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THE TEST AND HIGH SCHOOL REQUIREMENTS AT THE
I
REQUEST OF A . E . C . WERE YOU MADE AWARE BY A ^ E . C .
1
THAT A GREATER PERCENTAGE OF BLACKS WERE FA IL IN G
TO PASS THE PRE-EMPLOYMENT TESTS THAN WHITES?
MR. BURCH: I OB JECT , YOUR
HONOR, ON THE GROUNDS THAT IS COMPLETELY
IRRELEVANT TO ANY ISSUE IN THE CASE.
THE COURT: I WILL OVERRULE
THE OBJECT ION.
YOU MAY ANSWER THE QUESTION.
A THEY MAY HAVE. I REALLY DON'T - - I HAVEN'T RE
VIEWED THAT. I F THEY DID IT IT WOULD HAVE BEEN
SEVERAL MONTHS AGO.
Q NOW, THEY WERE MAKING THE REVIEW IN A P R I L OF THIS
YEAR, IS THIS CORRECT?
A WELL, THEY CAME TO ME F I R S T IN JANUARY, RIGHT.
Q AND THE COMPANY DROPPED THE TESTS IN A P R I L , IS
THIS R IGHT , OF THIS YEAR?
A THAT IS RIGHT.
Q ARE YOU SAYING THAT YOU DO NOT RECALL IT BEING
MADE KNOWN TO YOU THAT A GREATER PERCENTAGE OF
NEGROES WERE F A I L I N G THE TEST THAN WHITES?
A MRS. MC DONALD, I HAVE TO T EL L YOU THAT THERE WERE
TWO MONTHS I WAS OUT S I C K . DURING THOSE TWO
MONTHS THEY CONTACTED OTHER PEOPLE IN OUR COMPANY.
E V E L Y X O V E R l i E C K
O F F IC IA L CO O ItT RF.FOU't'KR J 17*-
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Q HAS IT COME TO YOUR ATTENTION THIS FACT THAT I
HAVE JUST MENTIONED, THE GREATER NUMBER OF NEGROES
WERE F A IL IN G THE PRE-EMPLOYMENT TESTS THAN
WHITES?
A NOT TRYING TO AVOID AN ANSWER TO THE QUESTION,
I 'M TRYING TO REMEMBER I F THEY MADE THAT POINT TO
US. I F YOU HAVE EVIDENCE THAT SAYS THEY D ID, I
WILL SAY Y E S . I ASSUME YOU DO.
Q WHY DID A . E . C . ASK YOU TO DROP THE TE ST S ?
A I UNDERSTOOD THEIR LARGE CONCERN OR PART OF THEIR
CONCERN WAS THAT THEY WEREN'T GIVING THE LABORERS
AN OPPORTUNITY TO TRANSFER.
Q BUT YOU ALSO DROPPED THE TESTS FOR I N I T I A L EM
PLOYMENT, IS THAT CORRECT?
A THAT IS TRUE.
Q IN APRIL OF THIS YEAR?
A UM-HUM.
Q WHY DID A . E . C . ASK YOU TO DROP THESE T E ST S ?
A (NO RESPONSE. )
MR. BURCH: YOUR HONOR, I WANT
TO - - FOR THE RECORD,SHE HAS NOW GONE
INTO THE THINKING AND THE POSITION OF
THE A . E . C . , WHICH IS NOT BINDING ON US
AND NOT RELEVANT TO ANY ISSUE IN THE
CASE .
EVEL YN OY EH HECK
O F F IC IA L CO U R T RF.FO RTF.R llS«-
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THE COURT: I RECOGNIZE THAT,
MR. BURCH. HE CAN SIMPLY T E L L WHAT
HE KNOWS. I F HE HAS INFORMATION THAT
WILL ANSWER THE QUESTION, I WILL PERMIT
I T .
A WELL, MRS. MC DONALD, AS I REMEMBER THE DISCUSSION
I
OR THE LETTERS INVOLVING THE TESTS IN ISSUE THEY
WERE OF A FORM NATURE AND DIDN’ T BECOME S P E C I F I C
AS TO OUR PROBLEM AS TO OUR PR A C T IC ES . I CERTAINLY
FORMED THE IMPRESSION THAT A . E . C . NOT ONLY TOOK
THIS POSITION WITH US BUT THEY WERE TAKING IT
WITH EVERY COMPANY THAT WAS TE ST ING.
NOW, THIS IS MY BEST UNDERSTANDING, THAT
i
THEY D IDN’ T TAKE THEIR POSITION WITH US BASED ON
OUR DATA. THEY TOOK THE POSITION WITH US BASED
ON THEIR GENERAL P R A C T IC E , AND THEIR GENERAL
PRACTICE IS THAT THEY WON’ T APPROVE TE ST IN G.
Q UNLESS WHAT - - JUST ABSOLUTELY THEY WON’ T APPROVE
TEST ING?
A THAT IS WHAT I HAVE HEARD. THAT IS WHAT I HAVE
BEEN TOLD.
Q WHEN I WAS QUESTIONING YOU PRIOR TO MR. BURCH’ S
QUESTIONS I B E L I E V E YOU T E S T I F I E D THAT YOU WERE
AWARE OF THE FACT THAT FOR THIS PERIOD OF TIME,
1970 , THE YEAR OF 1970 , THAT A GREATER PERCENTAGE
_____________________ I
] I9«-EVELYN OVEli HECK
o f f u 'i a l c o u r t r k f o r t h r
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OF BLACKS HAD BEEN REJECTED FOR EMPLOYMENT BECAUSE
OF THEIR FALURE TO PASS PRE-EMPLOYMENT TESTS THAN
WHITES . IS THAT TRUE OR NOT TRUE? I REALLY WANT
YOU TO ANSWER YES OR NO.
A I THOUGHT I ANSWERED THAT ONCE, MRS. MC DONALD.
Q WHAT WAS YOUR ANSWER?
A I THOUGHT I SAID Y E S .
Q Y E S . I HAVE NOTHING FURTHERCN THAT.
WITH REFERENCE TO THE TRANSFER OPPORTU
NITY THAT WAS GIVEN PRE-57 BLACKS IN 1968 ABOUT
WHICH YOU HAVE T E S T I F I E D , IS I T TRUE WHEN THE
OFFER WAS MADE IN 1968 AN EMPLOYEE WHO EXERCISED
THIS RIGHT WOULD LOSE HIS D I V I S I O N SE N IO RI T Y IN
HIS HOME DEPARTMENT AFTER TWO YEARS?
A THAT'S CORRECT.
Q IS IT ALSO TRUE HE WOULD NOT BRING WITH HIM HIS
SEN IO RIT Y AND THAT HIS D I V I S I O N S EN IO RI T Y WOULD
BEGIN ANEW FROM THE DATE HE TRANSFERRED?
A THAT IS TRUE.
Q IS IT ALSO TRUE AT THE TIME OF THIS 1968 OFFER
SUCH AN EMPLOYEE HAD TO BE ABLE TO PASS THE TESTS?
A THE 1968 OFF ER , Y ES .
Q NOW, IS IT TRUE AT THIS TIME THAT SUCH AN EMPLOYEE
HAD TO HAVE A HIGH SCHOOL DIPLOMA OR C E R T I F I C A T E ?
A NO.
EVEL YN OYERHECK
O F F IC IA L CO U R T R E P O R T E R 120 «-
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Q WAS THAT REDUCED?
A Y E S .
Q TO WHAT L E V E L ?
A SEVEN GRADES OF SCHOOLING.
Q IN 1969, AGAIN TO BLACK EMPLOYEES HIRED PRIOR
TO ’ 57 , WAS I T TRUE THAT AT THIS TIME AN EMPLOYEE
CHOOSING TO E X E R C I S E THIS OFFER WOULD LOSE HIS
SEN IO RIT Y IN HIS HOME DEPARTMENT AFTER TWO YEARS?
A THAT’ S CORRECT.
Q IS I T ALSO TRUE AT THIS TIME HE DID NOT BRING
SEN IO RIT Y WITH HIM AND HIS D I V IS IO N SEN IO RI T Y WOULD
BEGIN FROM THE DAY OF HIS TRANSFER?
A THAT’ S CORRECT.
Q IS IT TRUE IN 1969 SUCH EMPLOYEE WOULD HAVE TO
PASS THE TESTS THAT WERE BEING GIVEN?
A NO, THAT IS NOT TRUE.
MRS. MC DONALD: NOTHING FURTHE
I
YOUR HONOR.
THE COURT: ALL R IGHT . ANY
FURTHER QUESTIONS OF THIS WITNESS?
f
MR. BURCH: NO, YOUR HONOR.
THE COURT: ALL RIGHT . YOU MAY
STEP DOWN.
THE COURT: AT THIS TIME WE WILL TAKE A
_________________________________________ i
E V E L Y N O V E R H E C K
o f f i c i a l coi'irr. lju-<u;tf.k
J f r l S is
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F I FTE EN -M IN U TE R E C E S S .
41
(SHORT R E C E S S . )
THE COURT: CALL YOUR NEXT WITNESS.
MRS. MC DONALD: MR. R. L . JOHNSON.
R. L . JOHNSON,
P L A I N T I F F IN THE ABOVE-STYLED CAUSE, HAVING F I R S T
AFFIRMED TO T E L L THE TRUTH, THE WHOLE TRUTH AND NOTHING
BUT THE TRUTH, T E S T I F I E D AS FOLLOWS:
DIRECT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, PL EA S E .
A MY NAME IS R. L . JOHNSON.
Q AND MR. JOHNSON, ARE YOU THE P L A I N T I F F IN THIS
LAWSUIT?
A Y E S , MA'AM.
Q MR. JOHNSON, FOR THE RECORD WHAT IS YOUR RACE?
A BLACK.
Q WHEN WERE YOU F I R S T EMPLOYED BY THE DEFENDANT
COMPANY?
A IN 1944 , SEPTEMBER 18TH.
Q AND IN WHAT DEPARTMENT WERE YOU EMPLOYED? SEE I F
YOU CAN TALK UP JUST A L I T T L E B I T . I 'M A LONG * 1
E V E L Y N Ol E l i H E C K
O F F IC IA L c o i n :I1 U w (A--
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WAYS FROM YOU. WHAT DEPARTMENT WERE YOU EMPLOYED?
A AS A TRUCK DRIVER .
Q IN WHAT DEPARTMENT WAS THAT?
A THAT’ S THE LABOR DEPARTMENT.
Q IN WHAT DEPARTMENT ARE YOU PRESENTLY EMPLOYED?
A LABOR DEPARTMENT.
Q WHAT JOB DO YOU HAVE?
A AS A JANITOR.
Q WHAT IS YOUR PAY RATE?
A FOUR ONE.
Q PER HOUR?
A Y E S , MA'AM.
Q MR. JOHNSON, HOW FAR DID YOU GET IN SCHOOL?
A ELEVENTH GRADE.
Q WHERE DID YOU GO TO SCHOOL?
A LIMESTONE COUNTY, ACRES HIGH, KOUNTZE, TEXAS.
Q NOW, MR. JOHNSON, IN EVIDENCE AS P L A I N T I F F ’ S EX
H I B I T 1 IS THE CHARGE THAT YOU F I L E D WITH THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AGAINST
THE DEFENDANTS, AND I WANT YOU TO REFER TO THAT
CHARGE, PARTICULARLY THE F I R S T SENTENCE OF THE
CHARGE. WOULD YOU JUST READ THAT F I R S T SENTENCE
TO THE COURT, PL EAS E .
A THE GOODYEAR COMPANY HAS A PRACTICE OF UPGRADING
NEGROES IN ONE MANNER AND THE WAY THEY UPGRADE THE
EVELYN OVEItHECK
O F F IC IA L CO U R T R K C O R T R R
u J
42
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Q
A
A
Q
A
Q
A
Q
A
Q
A
WHITE EMPLOYEES ARE D I F F E R E N T .
OKAY. NOW , MR. JOHNSON, WHEN YOU F I L E D THIS
CHARGE WHAT DID YOU COMPLAIN OF S P E C I F I C A L L Y ? I
KNOW THAT IS A GENERAL STATEMENT, BUT T E L L THE
COURT WHAT YOU WERE COMPLAINING OF?
I WAS COMPLAINING —
MR. BURCH: WHAT MR. JOHNSON
HAD IN MIND IS NOT RELEVANT. THE CHARGE
SPEAKS FOR I T S E L F .
THE COURT: I WILL PERMIT HIM
TO EXPLAIN THE CHARGE. I AM ASSUMING
|
THAT ELABORATING UPON THAT STATEMENT
|
WILL KEEP I T WITHIN THE BOUNDS OF THE
;
CONTEXT OF THE STATEMENT. I WILL PERMIT
YOUR ANSWER. I DON’ T WANT A NEW ANSWER.
I WANT AN ELABORATION UPON THE CHARGE.
I WAS COMPLAINING OF THE EDUCATION, THE TEST IN G.
NOW, DID YOU HOLD A POSITION WITH THE UNION?
I AM THE STEWARD.
YOU ARE A STEWARD?
Y E S , MA'AM.
HOW LONG HAVE YOU BEEN A STEWARD?
SAY APPROXIMATELY S INCE ' 6 2 .
YOU ARE PRESENTLY A STEWARD, IS THAT RIGHT?
Y E S , MA’ AM.
E V E L Y N O Y I' ll H E C K
o f f i c i a l c o m e r h i r o i c n u
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_______________________________________________________________________________________________4 4 ,
Q WHAT BA SICALLY ARE YOUR R E S P O N S I B I L I T I E S AS A
STEWARD?
A I REPRESENT THE MEMBERS OF THE LABOR DEPARTMENT,
OTHER MEMBERS.
Q NOW, WHEN YOU COMPLAINED ABOUT THE EDUCATIONAL
REQUIREMENTS CAN YOU T E L L THE COURT IN YOUR OWN
WORDS WHAT I T WAS ABOUT THE EDUCATIONAL REQUIRE
MENT THAT YOU B E L I E V E NOW TO DISCRIMINATE AGAINST
BLACKS?
A WELL, I F E L T THAT THE EDUCATION THOSE WHITES THAT
WERE HIRED THE SAME TIME I WAS DIDN’ T HAVE TO
TAKE THE T E S T , AND ALSO WASN’ T REQUIRED TO HAVE A
I
HIGH SCHOOL DIPLOMA, AND YOU COULD TRANSFER WITH
OUT LOSS OF S E N I O R I T Y .
i
Q WERE ANY OTHER EMPLOYEES REQUIRED TO TAKE A TEST
OR TO S A T I S F Y A PARTICULAR EDUCATIONAL L E V E L , ANY ^
'OTHER BLACKS?
A I BEG YOUR PARDON, MA’ AM.
Q WERE ANY OTHER BLACKS REQUIRED TO TAKE A TEST OR ̂
HAVE A PARTICULAR EDUCATIONAL LE VE L ?
A Y E S , MA’ AM.
i
Q WHO WERE THESE BLACKS?
THE COURT: MR. JOHNSON, I ’ M
HAVING D I F F I C U L T Y HEARING YOU AND I ’ M
ONLY TEN FE E T AWAY. I WANT YOU TO SPEAK
EVELYN OVERHECK
O F F I C I A L C O U R T R E P O R T E R
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UP SO EVERY LAWYER IN THIS ROOM CAN
HEAR YOU VERY, VERY CLEARLY . WILL YOU
DO THAT, PLEASE?
Q NOW, WHO HAD TO TAKE THE TESTS AND WHO HAD TO BE
SUBJECTED TO THE EDUCATIONAL REQUIREMENTS, WHAT
BLACKS ARE YOU TALKING ABOUT?
A I 'M SPEAKING OF THE BLACKS THAT WERE HIRED PRIOR
TO ’ 57.
Q AND THE BLACKS WHO WERE HIRED AFTER ’ 57 IN THE
LABOR DEPARTMENT, DID THEY HAVE TO TAKE A TEST AND
ACHIEVE A CERTAIN EDUCATIONAL LE VE L TO GET OUT
OF THE LABOR DEPARTMENT?
A Y E S , MA’ AM.
Q NOW, WHAT WOULD HAPPEN TO YOUR SE NI ORI TY I F YOU
CHOSE TO LEAVE , TRANSFER, FROM THE LABOR DEPART
MENT? HOW WOULD THE SE NI ORI TY OPERATE?
A WELL, PRIOR TO 1970 YOU WOULD LOSE YOUR SENIORITY
AFTER TWO YEARS, TWENTY-FOUR MONTHS.
Q IN THE LABOR DEPARTMENT?
A Y E S , MA’ AM.
i
Q AND WOULD YOU BE ABLE TO BRING YOUR SEN IO RIT Y
1
WITH YOU WHEN YOU TRANSFERRED TO ANOTHER DEPART
MENT?
A NO, MA’ AM.
Q NOW, DID THE COMPANY OFFER YOU AN OPPORTUNITY TO
EVELYN OY ERE E( K
o f f i c i a l c o i ’i t r i t F c n u r r i i
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TRANSFER OUT OF THE LABOR DEPARTMENT IN 1969?
A Y E S , MA'AM.
Q AND DID YOU ACCEPT THAT OFFER?
A NO, MA'AM.
Q WHY DIDN’ T YOU?
A WELL, I F I TRANSFERRED I WOULD LOSE MY S E N I O R I T Y .
Q YOU WOULD NOT BE ABLE TO BRING IT WITH YOU?
A NO, MA'AM.
Q NOW, DID YOU INDICATE THAT YOU WANTED TO TRANSFER,
A TRANSFER, THAT YOU WOULD ACCEPT A TRANSFER?
DID YOU INDICATE THAT YOU WOULD ACCEPT A TRANSFER?
A Y E S , MA’ AM.
Q UNDER WHAT CONDITIONS WOULD YOU ACCEPT A TRANSFER?
A WELL, UNDER THE CONDITIONS THAT I WOULD BE ABLE
TO BRING MY S E N I O R I T Y .
Q NOW, WHAT JOBS DID YOU INDICATE IN 1969 THAT YOU
WOULD ACCEPT, WHAT DEPARTMENT?
A THE PRODUCTION, THE U T I L I T Y , FIREMAN.
Q SPEAK UP JUST A L I T T L E LOUDER.
A THE U T I L I T I E S , THE PRODUCTION AND THE F I R E DE
PARTMENT.
Q THE PRODUCTION, THE U T I L I T I E S AND THE F I R E DEPART
MENT.
A Y E S , MA'AM.
Q WERE YOU OFFERED IN 1969 AN OPPORTUNITY TO TRANSFE
E V E L Y N O Y E K IU ' .C K
o f f i c i a l c o r i n ' f f r o u r n i t
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47
TO THE U T I L I T I E S DEPARTMENT?
NO, MA' AM.
IN 1969 WERE YOU OFFERED AN OPPORTUNITY TO TRANS FE
TO THE F I R E DEPARTMENT?
NO, MA' AM.
IN 1969 WERE YOU OFFERED AN OPPORTUNITY TO TRANS FE
TO PRODUCTION DEPARTMENT?
BALER HELPER.
TO THE BALER HELPER?
Y E S , MA' AM.
WHY D I D N ' T YOU TAKE THAT?
BECAUSE AFTER TWO YEARS I WOULD LOSE A L L MY
S E N I O R I T Y .
WOULD YOU BE ABLE TO BRING YOUR S ENI ORI T Y WITH
YOU?
NO, MA' AM.
DID YOU WANT TO TRANSFER TO A JOB ABOVE BALER
HELPER?
Y E S , MA' AM.
WERE YOU OFFERED THE RIGHT TO TRANSFER TO A JOB
ABOVE BALER HELPER?
WHEN WAS THIS?
IN *69?
NO, MA' AM.
NOW, DID THE COMPANY AGAIN OFFER YOU THE OPPORTUNI
R
- J
E V E L Y K OVERHECK
o f f i c i a l < ' o c i r r a' i : r < ) i m : i <
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TO TRANSFER IN NOVEMBER OF 1961 , THIS YEAR?
A Y E S , MA'AM.
THE COURT: YOU MEAN 1971?
MRS. MC DONALD: Y E S . NOVEM
BER OF 1971.
A Y E S , MA'AM.
Q NOW, DID YOU ACCEPT THAT OFFER?
A NO, MA'AM.
Q WHY DIDN'T YOU ACCEPT THE OFFER?
A THERE, AGAIN, THAT I WOULD STAND TO LOSE MY
SE N IO RI T Y I F I TRANSFERRED. I HEARD RUMORS THERE
WOULD BE AN INJUNCTION SO I WAS KIND OF RELUCTANT
TO TRANSFER.
Q I 'M SORRY, I D IDN'T HEAR YOU.
A I SAID THERE, AGAIN, I F I WOULD HAVE TRANSFERRED
I WOULD LOSE MY SEN IO RI T Y AND I FE L T THAT THERE
WOULD BE AN INJUNCTION. THE UNION WAS TALKING
INJUNCTION.
Q NOW, YOU WOULD LOSE YOUR SE NI ORI TY IN THE LABOR
DEPARTMENT?
A Y E S , MA’ AM.
Q NOW, IN NOVEMBER OF THIS YEAR DID THE CONTRACT
BETWEEN THE COMPANY AND THE UNION PROVIDE THAT
YOU WOULD LOSE YOUR SE NI ORI TY IN YOUR OWN DEPART
MENT WHEN YOU TRANSFERRED?
48
EVELYN OVER HECK
o f f i c i a l c o m e r m : i ' o t ; r i : n
*>- i £9*—
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A NO, MA'AM. YOU WOULD ALWAYS RETAIN THE DEPART
MENT S E N I O R I T Y . j
Q BUT THE OFFER AT THAT TIME THAT THE COMPANY MADE,
YOU UNDERSTOOD THAT YOU WOULD NOT KEEP YOUR
SEN IO RIT Y IN YOUR HOME DEPARTMENT, IS THAT CORRECT!?
A THAT'S RIGHT.
Q NOW, HAVE YOU EVER TAKEN THE TESTS THAT HAVE
BEEN GIVEN BY THE COMPANY?
A NO, MA'AM.
Q WHY IS IT YOU HAVE NOT TAKEN THESE T E ST S ?
A WELL, I WAS HIRED IN 1944 . ALONG THIS TIME THERE
WAS A NUMBER OF WHITES THAT WAS HIRED THE SAME
TIME AS I . THEY D IDN'T HAVE TO TAKE THE T ES T ,
SO I FELT I SHOULDN'T HAVE TO TAKE I T .
Q DID YOU F E E L THAT THE TESTS HAD ANYTHING TO DO
WITH THE JOBS?
A NO, MA’ AM.
Q NOW, AS P L A I N T I F F IN THIS LAWSUIT ARE YOU TRYING
TO GET R E L I E F FOR YOURSELF OR ARE YOU TRYING TO
GET R E L I E F FOR OTHER BLACKS?
A I ’ M TRYING TO GET R E L I E F FOR OTHER BLACKS , MYSELF
AND OTHER BLACKS.
Q ARE THESE BLACKS THAT HAVE BEEN HIRED IN THE
LABOR DEPARTMENT?
A Y E S , MA'AM.
e y k Ij W ( )\'i-:h’ i i i : c K
O F F IC IA L CO U R T UF. P O R T E R
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Q DO YOU F E E L THAT THAT IS PART OF YOUR RE SPONSI
B I L I T Y AS A STEWARD?
A Y E S , MA'AM.
Q NOW, IN YOUR OPINION, MR. JOHNSON, HAS THE DE
FENDANT UNION REPRESENTED YOU AND THE OTHER BLACKS
F A I R L Y ?
A NO, MA'AM, I DON'T F E E L L I K E .
Q I 'M SORRY, I D IDN'T HEAR YOU.
A I SAY NO MA'AM.
Q WHY DO YOU F E E L THEY HAVEN'T REPRESENTED YOU
F A I R L Y ?
A WELL, THEY DON'T PROCESS THE GRIEVANCE AS I THINK
THEY SHOULD, THESE THINGS, TRYING TO COME UP TO
UPGRADE THE BLACK FROM THE LABOR D I V I S I O N , AND I
F E E L THAT THEY SHOULD.
Q HAS THE UNION DONE ANYTHING ABOUT THE TEST ING AND
EDUCATIONAL REQUIREMENTS TO YOUR KNOWLEDGE?
A NO, MA'AM.
Q DO YOU F E E L THEY SHOULD HAVE DONE ANYTHING?
A Y E S , MA'AM.
Q TO YOUR KNOWLEDGE HAS THE UNION EVER AGREED TO
THE TESTING AND HIGH SCHOOL REQUIREMENTS?
A Y E S , MA'AM.
Q HOW HAVE THEY AGREED TO I T ?
A BY NOT SAYING ANYTHING OR NOT DOING ANYTHING ABOUT
EVELYN OVER I > 1T( ’ K
O F F IC IA L CO U R T r k v o u t f . r
- 1 3 i ^
________________________________________________________ £0_
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51
I T .
Q DO YOU KNOW A MR. DEMBY, D - E - M - B - Y ?
A Y E S , MA’ AM.
Q WHAT IS HIS RACE?
A H E ' S BLACK.
Q TO YOUR KNOWLEDGE HAS MR. DEMBY EVER BEEN TRANS
FERRED TO A JOB OUT OF THE LABOR DEPARTMENT?
A Y E S , MA’ AM, ON ONE OCCASION, MR. DEMBY WAS TRANS
FERRED TO THE 1220 JOB.
Q WHAT DEPARTMENT IS THAT, 1220?
A STOREROOM AND R ECE IV IN G AND CLERKING.
Q WAS HE TRANSFERRED AS A STOREROOM CLERK?
A Y E S , MA'AM. I N I T I A L L Y HE TOOK THE JOB AS A
BATCH-UP JOB IN THE DEPARTMENT.
Q WHAT IS A BATCH-UP JOB?
A THEY BATCH UP CHEMISTRY, M I X . I T WITH RUBBER.
Q I CAN’ T HEAR YOU.
A THIS IS THE BATCH-UP OF CHEMISTRY THAT GOES INTO
THE MAKING OF THE RUBBER.
Q ARE THEY WRAPPING THINGS?
A NO. THEY IS WEIGHING INGREDIENTS AND DRY CHEMIS1
AND THINGS.
Q NOW, WERE YOU STEWARD AT THE TIME THAT MR. DEMBY
WAS TRANSFERRED TO THIS JOB?
A Y E S , MA'AM.
EVELYN oveh heck
O F F IC IA L C O U ltT H ECOUTHR
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Q IS MR. DEMBY ON THE STOREROOM CLERK JOB NOW?
A NO, MA'AM.
Q DO YOU KNOW WHY HE IS NOT ON THAT JOB?
A Y E S , MA'AM.
Q WELL, CAN YOU T E L L THE COURT WHAT HAPPENED, I F
ANYTHING?
A AT THIS PARTICULAR TIME THERE WAS A NEED FOR A
PERSON TO BATCH UP. KNOWING THAT MR. DEMBY HAD
KNOWLEDGE TO PERFORM THIS WORK, THE SUPERVISOR
PUT MR. DEMBY ON THE JOB, I ' L L SAY APPROXI
MATELY 9 : 0 0 . THERE WAS A NUMBER OF COMPLAINTS
FROM THE WHITE MEMBERSHIP.
MR. BURCH: EXCUSE ME, YOUR
HONOR. MY OBJECTION SHOULD HAVE BEEN
STATED A L I T T L E E A R L I E R . I 'M GOING TO
OBJECT TO HIM T E S T I F Y I N G TO THIS UNLESS
THERE IS PREDICATE LAID TO SHOW HE
KNOWS ABOUT THE FACTS. AS FAR AS THE
TESTIMONY SO FAR AS THOSE, I T IS COM
P L E T E L Y HEARSAY.
THE COURT: CAN YOU LAY A
PROPER PREDICATE?
MRS. MC DONALD: Y E S , YOUR
HONOR.
Q MR. JOHNSON, WERE YOU PRESENT WHEN MR. DEMBY WAS
EVELYN OVKUIUXK
o f f i c i a l r o i i r r u k f o k t h k
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53
TAKEN OFF OF THE STOREROOM CLERK JOB?
A YES , MA’ AM.
Q WHO EL SE WAS PRESENT?
A THERE WAS MR. MARTY JACKSON. I B E L I E V E AT THE
TIME MR. VAN OSDALL, AND PERHAPS MR. COLEMAN.
Q MR. JACKSON, WHAT JOB DID HE HAVE?
A HE WAS CH IE F STEWARD.
Q WITH THE UNION?
A Y E S , MA'AM.
Q AND MR. COLEMAN, WHO IS MR. COLEMAN?
A HE IS IMMEDIATE SUPERVISOR IN THE LABOR DEPART
MENT.
Q CAN YOU T E L L THE COURT WHAT WENT ON ON THAT DAY?
A WELL, AS I SAY, THERE WAS A NUMBER OF COMPLAINTS
FROM THE WHITE GROUPS, I MEAN, WHITE PEOPLE FROM
THE SURROUNDING AREAS.
Q DID MR. VAN OSDALL STATE WHY HE WAS TAKING MR.
DEMBY OFF OF THAT JOB?
A MR. VAN OSDALL INFORMED MR. DEMBY THAT HE HAD NOT
ENOUGH EDUCATION TO HOLD THIS JOB.
Q DID HE REFER TO THE TESTING?
A HE HADN'T TAKEN THE T E S T , Y E S , MA'AM.
Q AND WAS THE CH IE F STEWARD, MR. JACKSON, WAS HE
PRESENT WHEN THIS STATEMENT WAS MADE?
A Y E S , MA'AM.
EVKLYiY OVl'.KUFJ'K
O F F IC IA L C O t’TtT UK I ‘OUT UK
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Q WHO WAS WITH THE CH IEF STEWARD?
A THE CH IE F STEWARD HAD FORMERLY MADE THE COMPLAINT
AND HE DIDN'T SAY ANYTHING, JUST AGREED THAT THIS
WAS THE THING TO DO FOR HIM, TO REMOVE HIM FROM
THE JOB.
Q MR. DEMBY IS A BLACK WHO WAS HIRED BEFORE '57 IN
THE LABOR DEPARTMENT, IS THAT RIGHT?
A Y E S , MA'AM.
Q HAVE YOU EVER COMPLAINED TO THE DEFENDANT UNION
ABOUT THE SEN IO RI T Y SYSTEM AS IT IS A PPL IE D TO
YOU AND OTHER BLACKS IN THE LABOR DEPARTMENT?
A Y E S , MA'AM. I MADE SEVERAL ATTEMPTS TO TRY TO
COMPLAIN TO THEM.
Q YOU HAVE TRIED TO DO WHAT?
A TR IED TO, YOU KNOW, COMPLAIN TO THEM ABOUT I T .
Q WHO HAVE YOU TRIED TO COMPLAIN TO?
A VARIOUS COMMITTEEMENS, C H IE F STEWARDS.
Q AND CAN YOU GIV E ME THE NAME OF THE CH IE F STEWARD
WHOM YOU HAVE COMPLAINED TO ABOUT T H I S ?
A I HAVE TALKED TO A MR. JACK E • VAUGHAN AND TO A MR.
BEN HASSEY ON SEVERAL OCCASIONS.
Q WHAT HAS BEEN THEIR PO SIT IO N , THEIR RESPONSE?
A MR. HASSEY AND MR. VAUGHAN BOTH HAS STATED THAT
THEY DIDN'T F E E L THAT S E N I O R I T I E S CAN BE ANYTHING
DONE ABOUT IT AS FAR AS ME TRANSFERRING TO A
“ E V E L Y N O V E R H E C K
O F F IC IA L ( ' O f F T R R R O R T K R
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HIGHER JOB.
Q WERE YOU COMPLAINING TO THESE STEWARDS ABOUT THE
FACT YOU COULDN'T BRING YOUR SENIORITY WITH YOU
I F YOU TRANSFERRED?
A Y E S , MA'AM.
MRS. MC DONALD: NOTHING FUR
THER, YOUR HONOR.
THE COURT: CROSS EXAMINE, MR.
BURCH.
CROSS EXAMINATION
BY MR. BURCH:
Q MR. JOHNSON, JUST TO START AT THE LAST HERE, YOU
WERE TALKING ABOUT AN INCIDENT WITH A MR. DEMBY.
WHEN DID THIS INCIDENT YOU HAVE TOLD US ABOUT
OCCUR?
A SOMEWHERE BETWEEN AROUND '6 9 OR '65 - - ' 6 3 , ALONG
IN THERE.
Q YOU SAY IT WAS SOMETIME BETWEEN 1963 AND ' 6 5 ?
A YES .
Q WAS IT AT A TIME WHEN IT WAS THE STATED POLICY OF
THE COMPANY THAT EMPLOYEES WERE REQUIRED TO HAVE
HIGH SCHOOL EDUCATION AND PASS A TEST TO TRANSFER
INTO DEPARTMENTS OTHER THAN LABOR, IS THAT CORRECT'?
A Y E S , S I R .
E V i : l y N 0 | /.;/-/)>/-Y7C
O F F IC IA L CO U RT R E P O R T E R
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____________________________________________________________________________________________ 5i_,
Q IS IT YOUR TESTIMONY THAT MR. DENBY WAS TAKEN
OFF OF A JOB IN STORES AND REC E IV ING BECAUSE HE
HAD NOT PASSED A TEST?
A I D IDN'T QUITE UNDERSTAND YOU, S I R .
Q WHAT WAS THE REASON FOR MR. DENBY BEING REMOVED
FROM THE JOB AT STORES AND R EC E I V IN G ?
A WELL, IT WAS SAID HE HADN'T PASSED THE REQUIREMENT
T E S T , THAT HE DIDN'T HAVE A HIGH SCHOOL DIPLOMA.
Q I S E E . AT THE PRESENT TIME IN YOUR JOB AS A J A N I
TOR DO YOU WORK DURING THE DAYLIGHT HOURS, THE
DAY S H I F T , AT THE PLANT?
A Y E S , S I R .
Q ARE MOST OF THE JOBS IN THE LABOR DEPARTMENT JOBS
THAT WORK DURING THE DAYLIGHT HOURS?
A Y E S , S I R .
Q ARE THE JOBS IN THE PRODUCTION DEPARTMENT JOBS
THAT OPERATE TWENTY-FOUR HOURS A DAY?
A Y E S , S I R .
Q DO YOU KNOW WHETHER EMPLOYEES WHO GO INTO PRODUCTI
ARE SUBJECT TO BEING PUT ON S H I FT WORK AND RE
QUIRED TO WORK SAY DURING THE EVENING OR THE
GRAVEYARD S H I F T ?
A Y E S , S I R .
Q IS THAT CONSIDERED A DES IRABLE OR UNDESIRABLE
WORKING HOUR GENERALLY AT THE PLANT?
E V E L Y N O Y E i U l E C K
o f f i c i a l corner u c c o h t k r
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A WELL , I UNDERSTAND BY SOME, YEAH.
Q IT IS CONSIDERED UNDESIRABLE BY SOME, IS THAT COR
RECT?
A YES .
Q NOW, THERE IS NOT ANY DISPUTE THAT IN 1969 YOU WERI
OFFERED THE OPPORTUNITY TO TRANSFER INTO PRODUC
TION WITHOUT BEING REQUIRED TO TAKE A T E S T , I S N ' T
THAT CORRECT?
A TO THE BALING ROOM, Y E S , S I R .
Q NOW, I S N ’ T IT CORRECT, MR. JOHNSON, THAT OVER
THE YEARS GENERALLY EMPLOYEES WHO HAVE GONE INTO
THE PRODUCTION DEPARTMENT HAVE STARTED OUT IN THE
BALER ROOM WORKING AS A BALER HELPER?
A I WOULDN'T - - YOU SAY
Q AS A GENERAL RULE H A V E N' T MOST EMPLOYEES WHO HAVE
STARTED OUT IN PRODUCTION STARTED AS A BALER
HELPER?
A I WOULD SAY THE GREATEST PERCENTAGE, Y E S .
Q I S N ' T IT CORRECT THAT A BALER HELPER IN THE PRO
DUCTION DEPARTMENT PRIMARILY WORKS AT TAKING
BALES OF SYNTHETI C RUBBER OFF THE END OF THE PRO
DUCTION LINE AND SEEING THAT THEY GET INTO A
PACKING CRATE?
A YOU SAY GENERALLY?
Q Y E S , S I R .
E V E L Y N o y e u h e c k -
O F F IC IA L CO C U T ItECO H TEH
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A I SUPPOSE SO, Y E S , S I R .
|
Q PHYSICALLY IT IS FA IRL Y HARD WORK, IS I T NOT?
A I WOULDN’ T KNOW, S I R .
Q BEG YOUR PARDON?
A I SAY I WOULDN’ T KNOW, NO, S I R .
Q DIDN'T YOU T E L L ME THE OTHER DAY WHEN I TOOK
YOUR DEPOSITION THAT YOU DIDN’ T REALLY WANT TO
WORK IN THE BALER ROOM AS A BALER HELPER?
A I MEAN, I D IDN’ T SAY ANYTHING ABOUT THE HARDNESS
PART, HOW HARD IT WAS OR MY KNOWLEDGE OF HOW HARD
I T WAS.
Q I S E E . WHY DID YOU NOT WANT TO WORK AS A BALER
HELPER , MR. JOHNSON?
A WELL, BECAUSE THE TIME THAT I WAS OFFERED TO WORK
I WOULD LOSE ALL MY S E N I O R I T Y .
Q D IDN'T YOU T E S T I F Y ON DEPOSITION THAT THE MAIN
REASON YOU TURNED DOWN THE BALER H E L P E R ’ S JOB IN
PRODUCTION IS BECAUSE YOU DIDN'T WANT TO WORK ON
THAT JOB?
A I DIDN'T F E E L THAT I SHOULD HAVE TO WORK AT THAT
JOB .
I
Q I B E L I E V E YOU T E S T I F I E D HERE THIS MORNING THAT
YOU FE L T L I K E YOU OUGHT TO BE ABLE TO GO INTO
PRODUCTION AT SOME HIGHER POINT THAN BALER HELPER.
IS THAT YOUR POSIT ION?
U V H L Y X O Y E H H E l ' K
o F b 'H 'J a i. r n n t r r e p o r t e r
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A YES .
Q AND WOULD IT BE CORRECT TO SAY THAT THIS IS BE
CAUSE YOU F E E L YOU HAVE BEEN IN THE PLANT AS LONG
AS SOME OF THE WHITES WHO WERE HIRED BEFORE 1957?
A Y E S , S I R .
Q ALL R IGHT . AND I S N ’ T IT ALSO CORRECT THAT SINCE
YOU HAD COMPLETED HIGH SCHOOL, AT LEAST S INCE
ABOUT 1962 YOU REAL IZED THAT YOU COULD HAVE MOVED
INTO PRODUCTION BY TAKING A TEST AND GOING OVER
THERE UNDER THE TERMS OF THE CONTRACT?
A I GUESS THAT IS P O S S I B L E . THERE, AGAIN, I FELT
THAT I SHOULDN’ T HAVE TO TAKE THEM BECAUSE THE
WHITE HIRED THE SAME TIME AS I DIDN'T HAVE TO
TAKE THE T E S T S .
Q ALL RIGHT . I S N ' T IT ALSO TRUE THAT THERE WERE
NUMEROUS NEGROES HIRED INTO THE LABOR DEPARTMENT
WHO FROM 1962 RIGHT DOWN TO THIS DATE HAVE GONE
AHEAD AND TAKEN THE TEST AND MOVED INTO PRODUCTION
AND WORKED UP THROUGH THOSE JOBS?
|
A YOU SAY HOW MANY?
Q I SAY NUMEROUS.
I
A I DON'T KNOW WHAT YOU MEAN.
Q ALL R IGHT. LET ME ASK YOU, I S N ’ T IT TRUE THAT
SOME BLACK EMPLOYEES IN THE LABOR DEPARTMENT FROM
ABOUT 1962 UP UNTIL THE PRESENT TIME HAVE CHOSEN
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TO TAKE THE TEST AND MOVE INTO PRODUCTION?
A I WOULD SAY SO.
Q AND WOULD IT BE AN ACCURATE AND FAIR STATEMENT TO
SAY THAT YOU F E L T IN YOUR SITUATION THAT YOU HAD
THE RIGHT NOT TO BE REQUIRED TO TAKE THAT TEST?
A Y E S , S I R .
Q AND FOR THAT REASON YOU CHOSE NOT TO?
A RIGHT .
Q ALL RIGHT . NOW, THERE 'S NOT ANY DOUBT THAT OVER
THE YEARS - - L E T ' S TALK JUST ABOUT WHITE EMPLOYEES
- - WHEN WHITE EMPLOYEES HAVE GONE INTO THE PRO
DUCTION DEPARTMENT GENERALLY THEY HAVE BEEN RE
QUIRED TO START AT THAT LOWEST JOB OF BALER HELPER
AND WORK THE IR WAY UP, HAVEN'T THEY?
A I WOULDN'T SAY ALL OF THEM, NO, S I R .
Q S I R ?
A NO, S I R . I WOULDN'T SAY ALL OF THEM.
Q WOULDN’ T YOU SAY THE VAST MAJORITY OF THEM HAVE
TO DO THAT?
A I WOULD S T I L L SAY NOT ALL OF THEM.
Q DO YOU REALLY KNOW - - I THINK YOU TOLD US A MINUTE
AGO YOU DIDN’ T KNOW WHAT THE JOB WAS L I K E . DO
YOU KNOW WHAT THE ROUTINE HAS BEEN IN THAT DE
PARTMENT?
A YOU'RE SPEAKING OF THOSE STARTING?
KIKLYX OVFh’li F(' K
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Q Y E S , S I R .
A NO, I 'M NOT READY ON WHAT YOU'RE SAYING ABOUT
L E V E L , BUT I THINK YOU WAS MENTIONING ABOUT THOSE
THAT WENT DI RE CTL Y TO OPERATIONS OR SOMETHING.
Q MAYBE WE CAN GET AT IT THIS WAY: L E T ' S JUST TALK
NOW ABOUT WHITE EMPLOYEES OVER THE YEARS WHO HAVE
BEEN HIRED DI RECTLY INTO PRODUCTION. I S N ' T IT
TRUE THAT GENERALLY MOST OF THOSE PEOPLE HAVE
STARTED AT BALER HELPER AND WORKED THEIR WAY UP
IN PRODUCTION?
A WELL, I MEAN, THAT I S , I T DEPENDS ON HOW MANY,
YOU SAY.
Q ALL RIGHT. MR. JOHNSON, WE TALKED ABOUT YOUR
CHARGE THE OTHER DAY ON THE DEPOSITION AND THE
REASON YOU F I L E D I T , AND I WILL JUST ASK YOU THIS
- - I F YOU WANT TO REFER TO IT - - DID YOU SAY
ANYTHING IN YOUR CHARGE ABOUT EDUCATION?
A S P E C I F I C A L L Y YOU MEAN WORK, EDUCATION?
Q Y E S , S I R .
A I T ' S NOT IN THERE.
Q IN YOUR CHARGE DID YOU SAY ANYTHING S P E C I F I C A L L Y
ABOUT THE SEN IO RI T Y SYSTEM?
A WELL, I MEAN, IT ALL DEPENDS.
Q DO YOU FIND ANYTHING IN THERE?
A NO.
E V E L Y N O Y E l i H E C K
OFFICIAL Corin’ UFFOUTF.lt
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Q I S N ' T IT CORRECT, MR. JOHNSON, THAT WHEN YOU
F I L E D THE CHARGE YOUR COMPLAINT WAS BASICALLY
WHAT YOU HAVE SAID HERE TODAY, YOU DIDN'T F E E L
THAT BLACKS HIRED BEFORE '57 SHOULD BE REQUIRED
TO TAKE THE T ES T ? WASN'T THAT YOUR POSIT ION?
A I T MAY BE , Y E S .
Q AND AT THAT TIME IT WAS YOUR B E L I E F THAT WHITES
HIRED BEFORE '57 DIDN'T HAVE TO GO BACK AND TAKE
THE T E S T , DIDN'T HAVE TO GO BACK AND COMPLETE HIGH
SCHOOL?
A Y E S , S I R .
Q THAT BASICALLY IS YOUR COMPLAINT AND HOW YOU FELT
THE COMPANY HAD DISCRIMINATED?
A Y E S , S I R .
THE COURT: I WILL INTERRUPT
YOU AT THIS T IME , MR. BURCH. IT IS
1 2 : 3 0 . IT IS THE NORMAL TIME WE RUN
IN THIS COURT.
WE WILL RECESS AT THIS TIME
FOR LUNCH UNTIL 2 : 0 0 .
(NOON R E C E S S . )
E V E L Y N O Y F R l i F A 'K
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Q
A
Q
A
Q
A
Q
A
Q
DECEMBER 15, 1971
2 : 0 0 P.M. SESSION
THE COURT: MR. BURCH.
MR. BURCH: Y E S , S I R .
(MR. BURCH) MR. JOHNSON, I WANT TO ASK YOU JUST
A COUPLE OF QUESTIONS ABOUT THE TIME THIS YEAR
i
AROUND NOVEMBER WHEN YOU WERE OFFERED AN OPPOR
TUNITY TO TRANSFER TO THE PRODUCTION DEPARTMENT
AND TO CARRY YOUR LABOR DEPARTMENT SEN IO RIT Y
WITH YOU. DO YOU REMEMBER THAT OFFER?
Y E S , S I R .
AND WHO TALKED TO YOU ABOUT THAT OFFER?
MR. VAN OSDALL.
DID MR. VAN OSDALL GIVE YOU A WRITTEN STATEMENT
ABOUT THE OFFER AS WELL?
Y E S , S I R .
DID HE EXPLAIN TO YOU THAT I F YOU ACCEPT THE OFFER
TO MOVE TO THE BALER HELPER JOB AND WORKED THERE
ONE DAY THAT THE NEXT DAY THERE WOULD BE A VACANT
OPERATOR'S JOB YOU WOULD PROMOTE UP TO?
Y E S , S I R .
HAVE YOU PRESENTED IN BEHALF OF BLACK EMPLOYEES
ANY GRIEVANCE TO THE COMPANY OBJECTING TO THE
COMPANY'S USE OF A HIGH SCHOOL OR TEST REQUIREMENT
E V E E ) X <)\’E E l < E ( K
O F F I C l A /. c o r i n ' U F rO K T F .R
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A NO.
Q HAVE YOU PRESENTED ANY GRIEVANCE TO THE COMPANY
ON BEHALF OF BLACK EMPLOYEES OBJECTING TO THE
DEPARTMENTAL SEN IORITY PLAN UNDER THE UNION CON
TRACT?
A NO, S I R .
Q DO YOU KNOW OF ANYONE E L S E WHO HAS PRESENTED SUCH
A GRIEVANCE?
A NO, S I R .
Q AND IN THE PAST HAS THERE BEEN OCCASIONS WHEN
WHITE EMPLOYEES WERE LAID OFF OUT OF OTHER DEPART
MENTS DUE TO A REDUCTION OF FORCE AND BLACK EM
PLOYEES IN THE LABOR DEPARTMENT REMAINED ON THE
JOB?
A Y E S , S I R .
Q IN THOSE INSTANCES THE DEPARTMENTAL SEN IO RIT Y
ARRANGEMENT IN FACT PROTECTED THE LABOR DEPARTMENT
EMPLOYEES, D IDN'T I T ?
A Y E S , S I R .
Q WOULD IT BE AN ACCURATE STATEMENT THAT A MAJORITY
OF THE EMPLOYEES, THE MEMBERSHIP OF THE UNION,
PREFER THE DEPARTMENTAL SE NI ORI TY ARRANGEMENT AND
IN FACT HAVE VOTED TO KEEP IT THAT WAY?
MRS. MC DONALD: OBJECT ION,
AS FAR AS MR. JOHNSON'S A B I L I T Y TO
— £ V K I j Y N O Y K H H K C K
O F F IC IA L CO U R T H K FO R T K R
•• 145*'.
________________________________ 6̂
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‘1
RESPOND TO WHAT ALL OF THE MEMBERS OF
THE BARGAINING UNIT F E E L , OR THE MAJORITY
HE IS NOT IN A POSITION TO ANSWER THAT.
THE SECOND PART OF THE QUES-
I
TION AS TO THE VOTING, I THINK IT IS
'
CLEAR THEY HAVE VOTED THE MAJORITY. THAT
IS WHY IT IS IN THE CONTRACT.
THE COURT: I WILL OVERRULE
THE OBJECTION. I WILL HEAR HIS ANSWER.
HE CAN SAY INSOFAR AS HE KNOWS.
A SO FAR AS I KNOW, Y ES .
Q ALL RIGHT. NOW, YOU T E S T I F I E D EA R L IE R TODAY
ABOUT YOUR OBJECTION TO STARTING OFF IN THE BALER
H E L P E R ’ S JOB I F YOU MOVE TO PRODUCTION. I WANT TO
SIMPLY ASK YOU T H I S : I S N ’ T IT WELL KNOWN THAT THE
EMPLOYEES WHO HAVE BEEN HIRED INTO PRODUCTION IN
THE F I R S T INSTANCE, OVER THE YEARS, WHETHER BLACK
OR WHITE, HAVE STARTED OUT IN THAT BOTTOM JOB OF
BALER HELPER?
A I DIDN'T QUITE GET THE F I R S T PART.
Q I S N ' T IT TRUE THAT OVER THE YEARS EVERY EMPLOYEE
WHO HAS BEEN HIRED INTO THE PRODUCTION DEPARTMENT,
WHETHER HE WAS BLACK OR WHITE, HAS STARTED IN THE
BALER HELPER JOB?
YOU SAY THE MAJORITY?
E V E L Y N OV Elx‘ H E C K
O F F K 'l A /. r o n t r ItK I'O IIT K R
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A
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Q I SAY ALL OF THEM.
A NO. I MEAN, I WOULDN'T CONCUR.
Q YOU WOULDN'T CONCUR?
A NO.
Q CAN YOU NAME ONE SINGLE EMPLOYEE WHO HAS EVER
STARTED OUT IN THE PRODUCTION DEPARTMENT ABOVE
I
THE BALER HELPER JOB?
A I WOULD SAY THE TOP SE NI ORI TY IN THE PRODUCTION,
.
I
SOME OF THESE GUYS HIRED DIRECT TO THE OPERATIONS.
Q WHEN ARE YOU TALKING ABOUT, WHAT YEAR?
A WELL, I MEAN IT HAS TO BE AFTER ' 4 4 , S I R , 1944.
|
Q YOU MEAN WHEN THE PLANT WAS BEING B U IL T AND OPERATE
A AFTER THAT, SOMETIME. IT WAS PRIOR TO ' 4 4 .
Q PRIOR TO ' 4 4 ?
A YES .
.
Q IS I T CORRECT THAT THE PLANT ACTUALLY STARTED
OPERATIONS SOMETIME IN 1944? I
A YEAH, ' 4 3 , SOMETHING L I K E THAT. IT WAS ' 4 3 , ' 4 4 .
Q AT THAT POINT EMPLOYEES WHEN THE I N I T I A L WORK
FORCE WAS HIRED PEOPLE WERE OBVIOUSLY HIRED INTO
ALL OF THE JOBS THAT E X I S T E D AT THAT T IME , WEREN'T
THEY?
A THAT IS P O S S I B L E , Y E S , S I R .
Q NOW, ASIDE FROM THE PLANT'S STARTING UP IN 1944
CAN YOU T E L L US ANY PERSON WHO HAS STARTED IN THE
147 v
~ ~ EVELYN OYEIWI'A'K
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PRODUCTION DEPARTMENT ABOVE THE BALER HELPER JOB?
A OH, YOU MEAN NAMES?
Q Y E S , S I R .
A I MEAN, I ' D SAY SOME OF THAT OTHER GROUP.
Q CAN YOU NAME ONE?
A NO, I COULDN'T NAME THEM.
MR. BURCH: THAT IS ALL I HAVE.
YOUR HONOR.
THE COURT: MR. WHEAT.
CROSS EXAMINATION
BY MR. WHEAT:
Q A FEW QUESTIONS ABOUT YOUR STEWARDSHIP, MR.
JOHNSON. WHO ORIGINALLY APPOINTED YOU AS STEWARD?
A L . G. MOORE.
Q IS HE WHITE OR BLACK?
A HE 'S WHITE.
Q ALL RIGHT . WHEN DID HE F I R S T APPOINT YOU?
A I WOULD SAY AROUND ' 6 2 , SOMEWHERE. IT COULD BE
PRIOR.
Q HAS HE BEEN CH IE F STEWARD S INCE HE APPOINTED YOU
OR HAVE THERE BEEN OTHER CHIEF STEWARDS?
A THERE HAVE BEEN OTHERS, Y E S .
Q ALL R IGHT . I S N ’ T IT TRUE THAT YOU ARE APPOINTED
EACH TWO YEARS?
EVELYN OVEh'EECK
o f f i c i m , c o r i n ' u f F o u r h r
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A TO THE STEWARDSHIP?
Q YES , S I R .
A Y E S , I WOULD SAY SO.
Q DO YOU RECALL A HR. TITSWORTH?
A YES , S I R .
Q IS IT TRUE HE WAS THE CHI EF STEWARD IN ABOUT
1962?
A I DON' T KNOW.
Q IS IT TRUE THAT HE WAS CHI EF STEWARD AFTER MR.
L. G. MOORE WAS C HI E F STEWARD?
A I T ' S P O S S I B L E , Y E S .
Q DID HE APPOINT YOU TO YOUR POSI TI ON AS STEWARD
ALSO?
A I GUESS.
Q IS HE WHITE OR BLACK?
A H E ' S WHITE.
Q DO YOU REMEMBER MR. MARTY JACKSON WHOM I B E L I E V E
YOU HAVE ALREADY REFERRED TO IN YOUR DI RECT T E S T I
MONY?
A MARTY JACKSON, Y E S , S I R.
q IS IT TRUE THAT HE WAS C HI E F STEWARD AFTER MR.
TITSWORTH?
A I T ' S P O S S I B L E . COULD BE, YEAH,
q IS IT TRUE THAT HE APPOINTED YOU TO STEWARD' S
POSI TI ON ALSO?
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A Y E S , S I R .
Q IS HE WHITE OR BLACK?
A H E ' S WHITE.
Q IS HE THE SAME MR. JACKSON YOU REFERRED TO IN
YOUR EA R L IE R TESTIMONY?
A Y E S , S I R .
Q DO YOU KNOW MR. JACK E . VAUGHAN?
A Y E S , S I R .
Q IS I T TRUE HE WAS A C H IE F STEWARD?
A YES .
Q DID HE AT ONE TIME OR OTHER APPOINT YOU TO THE
O F F I C E OF STEWARD?
A Y E S , S I R .
Q IS HE WHITE OR BLACK?
A H E 'S WHITE.
Q DO YOU KNOW A MR. HARRISON?
A BEN HARRISON, Y E S , S I R .
Q WAS HE A C H I E F STEWARD AT ONE TIME?
A (NODDED. )
Q DID HE ALSO APPOINT YOU TO A STEWARD POSIT ION?
A Y E S , S I R .
Q IS HE WHITE OR BLACK?
A WHITE.
Q ARE YOU THE ONLY BLACK STEWARD THAT REPRESENTS
THE UNION AT GOODYEAR?
UVKLYX OYl'HUi FA71<
O F F IC IA L COI 'F T K E F O U T K K
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A YOU MEAN THE ONLY BLACK? NO, S I R .
Q HOW MANY BLACK STEWARDS ARE THERE?
A YOU MEAN AT PRESENT?
Q RIGHT NOW.
A I DON’ T KNOW. I UNDERSTAND PERHAPS A NUMBER
IN PRODUCTION. I WOULDN'T KNOW THEM, S I R . I
WOULDN'T KNOW WHOSE ALL IS THE NUMBER.
Q I 'M SORRY - - YOU SAID YOU KNOW THERE ARE A NUMBER
OF BLACK STEWARDS IN THE COMPANY.
A YES .
Q APPROXIMATELY HOW MANY STEWARDS REPRESENT THE
UNION AT GOODYEAR, TOTAL NUMBER?
A OH, I DON’ T KNOW, S I R . I WOULD SAY ROUGHLY TWENTY
MAYBE. I WOULD NOT BE S P E C I F I C , BUT I WOULD SAY
TWENTY.
Q ALL RIGHT. ABOUT HOW MANY OF THESE TWENTY OR SO
STEWARDS ARE BLACK?
A AT THIS TIME I REALLY WOULDN’ T KNOW, S I R .
Q ALL R IGHT , S I R . DO YOU KNOW A MR. CHARLES BEAN?
A Y E S , S I R .
Q IS HE A STEWARD?
A I DON'T THINK SO. I MEAN - - NO, S I R , I DON'T
THINK HE I S . I DON'T B E L I E V E HE IS NOW UNLESS HE
HAS BEEN CONFIRMED L A T E L Y .
Q YOU MEAN HE MIGHT HAVE RECENTLY CEASED TO BE A
E V E L Y N O YE U LE A K
o f f i c i a l c o r i n ' i t f F o u r f u
» 15 U
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STEWARD?
A MAYBE HE HASN’ T BEEN REPLACED.
Q WHETHER HE IS A STEWARD OR NOT NOW WAS HE AT ONE
TIME A STEWARD?
A I UNDERSTAND THAT.
Q IS HE A BLACK STEWARD?
A HE IS A BLACK STEWARD.
Q DO YOU KNOW ROBERT WILL IAMS?
A Y E S , S I R .
Q IS HE A STEWARD?
A I DON’ T KNOW, S I R .
Q WAS HE AT ONE TIME TO YOUR KNOWLEDGE A STEWARD?
A I UNDERSTAND, Y E S , S I R .
Q IS HE A BLACK STEWARD OR WAS HE A BLACK STEWARD?
A HE IS A BLACK STEWARD.
Q DO YOU KNOW MR. BETHEL PARKER?
A Y E S , S I R .
Q IS HE NOW OR HAS HE IN THE PAST EVEN BEEN A
STEWARD AND IS HE BLACK?
A I UNDERSTAND HE IS A STEWARD NOW, Y E S , S I R .
Q WHAT ABOUT MR. GRANT?
A I ALSO UNDERSTAND MR. GRANT IS A STEWARD.
Q SAME THING AS TO MR. GRANT?
A Y E S , S I R .
Q WHAT ABOUT MR. DARDEN?
nmci M. corin' in:con rim
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A I DON'T KNOW WHETHER HE HAS BEEN CONFIRMED OR
NOT.
Q WHETHER HE HAS BEEN WHAT?
A BEEN APPOINTED.
Q WAS HE AT ONE TIME IN STEWARD CAPACITY?
A NO, S I R . I DON'T THINK SO.
Q I F YOU DON'T KNOW - -
A I 'M SPEAKING - - TO MY MIND T H E RE ’ S SEVERAL DARDENS
THERE.
Q DO YOU KNOW A MR. DARDEN WHO IS OR HAS BEEN
STEWARD?
A WHICH ONE?
Q OH, ANY OF THEM.
A I B E L I E V E AT ONE TIME I HAVE HEARD C. DARDEN.
Q WAS THAT MR. DARDEN BLACK OR WHITE?
A H E ' S BLACK.
Q ALL RIGHT . CAN YOU NAME ANY OTHER STEWARDS OUT
OF THE TOTAL NUMBER OF STEWARDS THAT ARE BLACK?
A S I R ?
Q CAN YOU NAME ANY OTHER BLACK STEWARDS OUT OF THE
TOTAL NUMBER OF STEWARDS?
A I REALLY DON'T UNDERSTAND WHAT YOU ARE SAYING.
Q CAN YOU THINK OF ANY OTHER STEWARDS NOW WORKING
FOR THE COMPANY WHO ARE BLACK OTHER THAN THESE
WE HAVE JUST BEEN TALKING ABOUT?
EVELYX OY EE HECK
O F F IC IA L CO U RT R E F O U T E R
- 153 O'
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_________________________________________-L2L,
A YOU MEAN PRESENTLY?
. . i
Q Y E S , S I R .
A STEWARDS NOW? NO, S I R . I DON'T KNOW OF ANY.
Q AS A STEWARD YOURSELF DO YOU REPRESENT BOTH
BLACK AND WHITE EMPLOYEES?
A IN MY GROUP, Y E S , S I R .
Q HAVE YOU EVER F I L E D A GRIEVANCE ON BEHALF OF A
WHITE EMPLOYEE THAT YOU REPRESENT?
A I HAVE ATTEMPTED - - A CERTAIN NUMBER OF TIMES I
HAVE ATTEMPTED.
Q YOU HAVE ATTEMPTED TO?
A YES .
Q WHAT WAS THE NATURE OF YOUR ATTEMPT?
A WELL, I MEAN, THAT I S , ASK THE CH IE F STEWARD OR
THE COMMITTEEMAN TO TAKE SUCH A GRIEVANCE.
Q DID YOU PRESENT IT TO THEM IN WRITING?
A WELL, NOT ALL THE T IME , NO, S I R . I MEAN, IT WAS
DISCUSSED AND THEY T EL L ME I SHOULD F I L E .
Q ARE THERE NOT FORMS FOR THE PREPARATION OF G R I E V
ANCES?
A Y E S , S I R . I MEAN, SOMETIMES. THE Y 'RE NOT ALWAYS
AV A IL A BL E , NO.
Q WELL, ALL RIGHT . HAVE YOU EVER F I L L E D OUT A GR I EV -
I
ANCE FORM AND PRESENTED IT ON BEHALF OF A WHITE
E V E L Y N O V E R H E C K
o f f k 'i \i r o n r r r f . r o h t r r
154*.
EMPLOYEE?
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A I MIGHT HAVE, Y E S , S I R .
Q DO YOU IMAGINE OR DO YOU KNOW? ARE YOU SAYING
YOU DON’ T KNOW?
A WELL, I SAY I MIGHT HAVE. YOU SAY ACTUALLY F I L L
OUT ONE, I DON’ T RECALL ACTUALLY F I L L I N G I T OUT
OR GETTING IT PROCESSED AS I CAN RE CALL .
Q CAN YOU NAME FOR THE COURT ANY WHITE EMPLOYEE THAT
YOU EVER F I L E D A GRIEVANCE ON BEHALF OF?
A I 'M TRYING TO THINK OF THE NATURE OF THE GRIEVANCE.
Q TAKE AS MUCH TIME AS YOU NEED AND SEE I F YOU CAN
THINK OF ONE.
Q I CAN RECALL A GRIEVANCE ATTEMPT TO BE SUBMITTED
OR PERHAPS IT MIGHT HAVE EVEN BEEN ONE THAT WAS
NOT, ON BEHALF OF MR. O ’ NEAL, JOHN O'NEAL .
Q HE IS WHITE?
A Y E S , S I R .
Q DID YOU F I L L OUT THE FORM?
A L I K E I SAY, I MIGHT HAVE SUBMITTED IT IN WRITING,
BUT I KNOW THAT THERE WAS AN ISSUE PERTAINING TO
THIS PERSON.
Q YOU DON'T REMEMBER WHETHER OR NOT YOU F I L L E D OUT
A FORM?
A I DON’ T KNOW WHETHER I D ID.
Q HAVE YOU EVER F I L E D A WRITTEN GRIEVANCE ON BEHALF
OF A BLACK EMPLOYEE?
E V E L Y N n I' E H H E C K
I I F F K ’I ' ' r n l'K 'T K K I ’OHTKH
~ - 1 o S 0 "
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A Y E S , S I R .
Q WHO WAS THAT?
A I F I L E D - - YOU MEAN A PERSON OR ONE PERSON OR A
GROUP OF PERSONS?
Q OH, ANY THAT YOU CAN NAME FOR US.
A S I R ?
Q ANY THAT YOU CAN NAME.
A RECENTLY , Y E S , S I R , I F I L E D ONE IN BEHALF OF THE
CHERRY P I C K E R .
Q THE CHERRY P I C K E R , REFERRING TO A PARTICULAR TYPE
OF OVERHEAD CRANE?
A YES .
Q ALL RIGHT. WHAT WAS THAT ABOUT, MR. JOHNSON?
A WELL, THIS PARTICULAR JOB WAS ONCE I N I T I A T E D IN
THE LABOR DEPARTMENT AND I T WAS OUT AND PLACED IN
AN ALL-WHITE GROUP AND WE SUBMITTED A GRIEVANCE
CONTESTING I T .
Q NOW, MR. JOHNSON, I S N ' T IT TRUE THAT THIS WAS A
DISPUTE OVER WHICH GROUP OF EMPLOYEES WOULD OPER
ATE THAT PARTICULAR P I E C E OF EQUIPMENT? THAT WAS
THE PROBLEM?
A THAT IS WHAT WAS SAID , S I R .
Q I S N ' T IT FURTHER TRUE THERE WAS A DISPUTE BETWEEN
THIS UNION, THE ENGINEERS, AND ANOTHER UNION AS TO
WHICH GROUP OF EMPLOYEES WOULD BE ENT ITL ED TO
___________________________________________________________________________________________________ I
UVULVA OlUKliUCK
O F F I f 'I 1 < e o r i ; T m .r O K T F .K
l E G o - >
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OPERATE THAT EQUIPMENT?
A NO, S I R . I DON’ T THINK IT IS THE CASE.
Q WASN'T IT A FACT A J U R IS D I C T I O N A L DISPUTE WAS HAD
BETWEEN TWO UNIONS?
A THAT WAS ORIGINALLY - -
Q IS IT OR IS I T NOT TRUE THAT GRIEVANCES HAVE BEEN
F I L E D , PROSECUTED ALL THE WAY THROUGH TO ARBITRA
TION, ON BEHALF OF BLACK EMPLOYEES?
A NONE THAT I HAVE WRITTEN, NO, S I R .
Q NONE YOU HAVE WRITTEN?
A NO, S I R .
Q HOW MANY HAVE YOU WRITTEN?
A OH, I WOULDN’ T HAVE NO RECOLLECTION OF HOW MANY,
BUT A BUNCH OF THEM.
Q COULD YOU NAME ONE?
A L I K E I SAY, I NAMED YOU THAT ONE.
Q THE CHERRY P I C K E R ?
A I THINK ON THAT PARTICULAR GRIEVANCE THERE , THERE
WAS ANOTHER SUBMITTED ON THE C I TY ORDER OF THE
JANITORS AND THE CHANGE OF THE JANITORS , AND I
WORKED IN THE LABOR DEPARTMENT.
Q WHEN WAS THAT?
A THAT WAS THIS PAST, PROBABLY THIS PAST SEPTEMBER.
Q OF 1970 OR ’ 71?
A ' 71 .
/(T/;/)V m • F l , n i ,.( . R
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Q DID YOU PRESENT THAT GRIEVANCE YOURSELF?
A S I R ?
Q DID YOU PRESENT THAT GRIEVANCE YOURSELF?
A TO THE COMPANY OR MANAGEMENT, TO THE MANAGEMENT
OR TO THE UNION?
Q WELL, E I T HE R ONE, MR. JOHNSON.
A I MIGHT HAVE HANDED I T IN TO THE COMPANY. I DON’ T
KNOW.
Q WAS IT IN WRITING?
A Y E S , S I R .
Q DID YOU SIGN I T ?
A Y E S , S I R .
Q WHAT HAPPENED TO IT AFTER THAT?
A WELL, ON SOME OF THEM I RE CE IVED AN ANSWER, SO I
DIDN’ T - -
Q WE’ RE JUST TALKING ABOUT ONE, AREN’ T WE? WE’ RE
TALKING ABOUT SEPTEMBER OF THIS YEAR. YOU SAID
YOU PRESENTED IT IN WRITING TO THE COMPANY?
A THE CHERRY P ICKER AND THE JA NITORIAL S ITUATION,
EACH ONE OF THEM WAS IN ’ 71 , THIS YEAR.
Q LET ME ASK YOU JUST ABOUT THE ONE YOU F I L E D IN
SEPTEMBER OF THIS YEAR THAT YOU PRESENTED TO THE
COMPANY. WHAT WAS THAT GRIEVANCE ABOUT?
A THIS GRIEVANCE WAS CONTESTING THE CONTRACT AND THE
JOB OUT AT THE LABOR DEPARTMENT AND SOME OF THE
EVELYN OVEEEE<'K
O F F H ’I.M C O t'R T R K I’OHTb'.R
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JOBS BEING CHANGED AND THE OTHER GROUPS PER
FORMING THE WORK.
Q ALL RIGHT . WHO DID YOU GIV E THE FORM TO, WHO DID
YOU HAND IT TO?
A I GAVE ONE TO MR. T I R E , ROBERT T I R E , THE FOREMAN.
I
Q AND THERE WAS ANOTHER ONE THAT YOU GAVE TO SOMEONE?
A WELL, L I K E I SAY, I MIGHT HAVE GAVE HIM ALL OF I
THEM. I DON'T KNOW.
Q ALL RIGHT. WE'RE TALKING ABOUT THE ONE THAT YOU
F I L E D IN SEPTEMBER OF THIS YEAR.
A Y E S . ;
Q IN WRITING, THAT YOU SIGNED.
A YES .
Q YOU ARE SAYING THAT IS THE ONE WE'RE TALKINGP
ABOUT. I
|
A YES .
Q DO YOU ATTEND STEWARD’ S MEETINGS FROM TIME TO
TIME?
A HAVE I ATTENDED STEWARDS' MEETINGS THIS YEAR,
NO, S I R .
Q WHAT ABOUT LAST YEAR?
A I 'M S I CK MOST OF LAST YEAR.
Q WHAT ABOUT THE YEAR BEFORE THAT?
t
A I HAVEN'T EVER ATTENDED.
Q YOU HAVE NEVER BEEN TO A STEWARD'S MEETING?
e v k i a 'n m / v
O F F IC IA L I'O U I/r ItK F O U T F K
159
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A NO, S I R .
Q WHY NOT?
A WELL, I MEAN, I DON’ T KNOW WHETHER I WAS ALWAYS
INVITED OR NOT.
Q ARE STEWARDS' MEETINGS BY INVITATION ONLY OR CAN
ALL THE STEWARDS GO?
A I GUESS THERE IS A NOTIF ICATION OF WHO TO ATTEND.
Q WHAT ABOUT OTHER BLACK STEWARDS, DID THEY GO TO
STEWARDS' MEETINGS?
A I ' V E HEARD OF OTHERS GOING, Y E S , S I R .
Q BUT YOU DIDN'T GO BECAUSE YOU FE L T YOU WEREN’ T
IN VI TE D?
A NO. YOU ASKED ME HAVE I EVER ATTENDED. I TOLD
YOU, I SAID I DON'T KNOW I F I WAS ALWAYS N O T I F I E D .
I 'M SPEAKING OF THE PAST.
THERE HAVE BEEN STEWARD MEETINGS - - I
MEAN STEWARD TRAINING THAT I KNEW ABOUT, AND THAT
I KNEW ABOUT AND DIDN’ T ATTEND.
Q WHY DIDN'T YOU ATTEND?
A WELL, SOME REASON OR ANOTHER. I DON’ T KNOW WHY.
REALLY AND TRULY, I D IDN'T KNOW WHAT I HAD TO DO.
Q LET ME ASK YOU A FEW QUESTIONS ABOUT S E N I O R I T Y .
PRESENTLY AND UNDER THE PRESENT CONTRACT IT IS
P O SS IB L E FOR A LABORER, A PERSON IN THE LABOR
DEPARTMENT, TO TRANSFER INTO, FOR EXAMPLE, THE
E V E L Y N O V L U U E C K
I I F F I ' I ' > ' > ' ’■ "r H K I’O ItT FH
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A
Q
A
Q
A
Q
A
Q
A
Q
PRODUCTION DEPARTMENT, EX ER CI S I N G HIS S E N I O R I T Y .
I T IS FURTHER PO SS IBL E FOR HIM TO WORK IN THAT
NEW DEPARTMENT AND KEEP ALL OF HIS PLANT SENIORITY
FOR PURPOSES OF JOB S E C U R I T Y , I S N ' T THAT TRUE?
I BEG YOUR PARDON, S I R .
LET ME REPHRASE I T AND PUT IT TO YOU THIS WAY:
IS IT TRUE THAT UNDER THE CONTRACT THAT YOU'VE GOT
NOW THAT SOMEONE IN THE LABOR DEPARTMENT CAN TRANS
FER TO SOME OTHER DEPARTMENT AND KEEP HIS PLANT
S E N I O R I T Y ?
.
UNDER THE PRESENT - - Y E S , S I R , UNDER THE PRESENT
CONTRACT?
Y E S , S I R ; UNDER THIS CONTRACT.
Y E S , S I R .
THAT IS IN FORCE AND EF F EC T NOW. NOW, BEFORE THIS
CONTRACT WAS NEGOTIATED THAT WASN'T P O S S I B L E , WAS
I T , MR. JOHNSON?
NO, S I R .
I
ALL RIGHT. AND I B E L I E V E ON DEPOSITION WHEN I WAS
I
ASKING YOU SOME QUESTIONS A FEW DAYS AGO YOU TOLD
|
ME THAT IT WAS YOUR IDEA AND YOUR PROPOSAL THAT
THIS BE NEGOTIATED INTO THIS CONTRACT, I S N ' T THAT
TRUE?
Y E S . I MEAN, I SUBMITTED THE PROPOSAL.
YOU SUBMITTED THE PROPOSAL BEFORE THE CONTRACT
E Y E D S OVERHEA R
O F F K ' fM i 'OVH T K F .rilU T K K
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NEGOTIATIONS RESULTED IN THIS CONTRACT, DIDN'T
|YOU?
A Y E S , S I R .
Q I S N ’ T IT TRUE THE UNION PICKED UP YOUR PROPOSAL
AND GOT I T INCORPORATED INTO THIS CONTRACT?
A Y E S , S I R .
Q HAVE YOU EVER PROPOSED ANY OTHER CHANGES TO GO
INTO A CONTRACT?
A Y E S . I MEAN, YOU KNOW - - I MEAN, I HAVE SUG
GESTED THEM. I DON'T KNOW WHETHER THEY WERE
ALWAYS TAKEN AS A PROPOSAL. I HAVE WRITTEN OUT
A PROPOSAL.
Q WHEN?
A I HAVE WRITTEN OUT SEVERAL DURING THAT PARTICULAR
CONTRACT, I F THAT IS WHAT YOU WERE SPEAKING OF.
Q THE NEGOTIATIONS FOR THIS CONTRACT YOU MADE MORE
THAN ONE SUGGESTION.
A I MEAN, PROPOSAL, Y E S , S I R . I SUBMITTED OTHER
PROPOSALS, I MEAN, R EL A T IV E TO THE LABOR DEPART
MENT OR PERHAPS MAYBE SOME OTHER GROUPS.
Q WHAT EXACTLY DID YOU PROPOSE?
A WELL, I ASKED TO CHANGE THE JOB ASSIGNMENT IN
LABOR SO MAYBE PERHAPS D IFFERENT JOBS PAY SC ALE S ,
OR THESE THINGS.
YOU MEAN HIGHER PAY SCALE?
E V E L Y N O Y E R H E C K
O F I'K ' /M . COt irr H KC O K TK tt
Q
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A Y E S , S I R .
Q FOR LABORERS?
A Y E S , S I R .
Q EVERYBODY’ S PRETTY MUCH IN FAVOR OF THAT, AREN'T
THEY?
A I MEAN, I DON'T KNOW. I MEAN, WE DIDN'T GET I T .
Q ALL RIGHT. WHAT ABOUT 1967 CONTRACT PROPOSALS,
DID YOU YOURSELF SUGGEST ANYTHING THAT SHOULD BE
PROPOSED IN THOSE NEGOTIATIONS?
A EACH YEAR I WOULD SUBMIT PROPOSALS, S I R .
Q WHAT DID YOU PROPOSE IN 1967?
A I DON'T KNOW REALLY OFFHAND, NO, I DON'T KNOW.
I T COULD HAVE BEEN SOME CHANGES. UP UNTIL 1970,
I ' L L SAY T H I S , THAT I WAS TRYING HARD TO GET THE
SEN IO RIT Y AND THINGS WITHIN THE LABOR DEPARTMENT
AND VARIOUS OTHER ASPECTS THAT OCCUR IN THE
LABOR DEPARTMENT.
Q YOU CAN'T T E L L US WHETHER OR NOT YOU YOURSELF
SUGGESTED OR PROPOSED ANYTHING IN 1967?
A THAT WAS NEGOTIATED ON?
Q WELL, WHETHER IT WAS NEGOTIATED ON OR NOT, DID
YOU SUGGEST OR PROPOSE ANYTHING?
A I MEAN, I DON'T KNOW.
Q ALL RIGHT , I F YOU DON'T KNOW. YOU HAVE NEVER
WORKED AS A BALER HELPER , HAVE YOU?
_ E V H I A X O Y E l i H I H ’K
O F F IC IA L I ' l i r i t T K K F O K T E H
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A NO, S I R .
Q BUT YOU HAVE OBSERVED PEOPLE WORKING IN THAT
|
PO SIT ION , HAVEN'T YOU?
A I HAVE SEEN THEM, Y E S .
Q THE WORK THAT THEY HAVE TO DO IS PRETTY STRENUOUS,
•i;
I S N ' T I T , PRETTY HARD WORK?
A I DON'T KNOW.
Q HAVEN’ T YOU OBSERVED I T ?
A L I K E I SAY, I DON'T THINK I COULD SAY WHETHER IT
I S HARD OR NOT.
Q THEY HAVE TO L I F T BALES OF RUBBER.
A I ALWAYS SEEN THEM USING POWER L I F T S UP, TOO, S I R .
Q DON'T THEY HAVE TO L I F T BALES OF ABOUT EIGHTY
POUNDS EACH?
A Y E S , S I R . I 'M SURE THEY DO.
Q F I V E OR S I X A MINUTE.
A I IMAGINE SO, Y E S , S I R .
Q DO YOU KNOW OF ANY WHITE PERSON WHO HAS PROGRESSED,
GOTTEN BETTER JOBS IN THE PRODUCTION DEPARTMENT
THAT DIDN'T HAVE TO GO THROUGH THE BALER HELPER
I
JOB?
I
A YOU SAY DO I KNOW ANY?
Q Y E S , WHO DIDN'T HAVE TO WORK AS BALER HELPER TO
START OUT WITH.
A I UNDERSTAND THE F I R S T SEN IO RI T Y PEOPLE WAS HIRED
E i'/■;/.) A' n i i fa 'K
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IN EARLY STAGES AND DIDN'T HAVE TO GO THROUGH
THAT.
Q ALL R IGHT . MR. JOHNSON, GIVE US SOME IDEA OF HOW
THE JOB OF BALER HELPER COMPARES WITH THE WORK
THAT YOU ARE DOING NOW. IS IT E A S I E R , HARDER,
OR WHAT?
A L I K E I SAY, OF COURSE I D IDN'T WORK BALER HELPER ,
S I R .
Q JUST FROM YOUR OBSERVATION WHAT WOULD YOU SAY?
A WELL, I ' L L SAY I T ' S E A S I E R .
Q BALER HELPER WOULD BE E A S I E R ?
A I MEAN
Q THE WORK YOU ARE DOING IS E A S I E R ?
A NO, THAT JOB.
Q ALL R IGHT . YOU MENTIONED A MR. DEMBY IN YOUR
DIRECT EXAMINATION. IN THE EVENT THAT YOU WERE
DESCRIB ING HIM, WERE YOU ACTING IN YOUR CAPACITY
AS A STEWARD?
A SAY WAS I ACTING AS THE - -
Q IN OTHER WORDS, DID YOU YOURSELF REPRESENT DEMBY
AS HIS STEWARD?
A L I K E I SAY, I WAS THERE AND I KNEW ABOUT THE IN
C IDENT , Y E S , S I R .
Q MR. JOHNSON, WERE YOU THERE BY CHANCE OR WERE YOU
THERE IN SOME CAPACITY AS AN O FF IC ER OF THE UNION?
— /;/ r y 0 | 7.7, 7\
O h'h'K 'lM , COl i r r HKI'O H TKK
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A I MEAN, I WASN'T CALLED, YOU MIGHT SAY, BUT THIS
HAPPENED IN MY GENERAL AREA AND I WAS - - I HAP
PENED TO BE THERE.
Q WHERE DID THIS TAKE PLACE?
A THIS WAS IN THE BATCH-UP AREA.
Q IS THAT AREA WITHIN THE AREA WHERE YOU NORMALLY
DO YOUR WORK?
A WELL, NO. I MEAN, IT WASN'T IN THE AREA WHERE I
NORMALLY DO MY WORK, BUT IT IS RIGHT AFTER THE
SMOKING BREAK IN THE LABOR DEPARTMENT NEAR OUR
LOCKER ROOM FROM NEAR WHERE WE SMOKE OR COME TO
GETHER.
Q DID YOU OBSERVE EVERYTHING YOU HAVE TOLD US ABOUT
WITH RESPECT TO THE EVENTS INVOLVING MR. DEMBY?
A BEG PARDON?
Q DID YOU OBSERVE THIS INCIDENT INVOLVING MR. DEMBY
OR DID YOU T E L L US WHAT SOMEONE E L S E TOLD YOU?
A YOU MEAN DID I HEAR ALL THE CONVERSATION?
Q WERE YOU THERE?
A Y E S , S I R . I WAS THERE.
Q HOW DID YOU HAPPEN TO BE THERE? WERE YOU WORKING
OR ON A BREAK OR JUST V I S I T I N G OR WHAT?
A I T MIGHT HAVE BEEN MR. DEMBY CALLED ME DOWN, SOME
THING, BUT I WAS THERE. I T ' S BEEN QUITE A WHILE
V\KLY X OVKIWI'X'K
C IF P IC IM . c o l l i n ' UK TO U T n il
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Q WHY WOULD HE CALL YOU DOWN?
A MR. DEMBY? !
Q UH-HUH.
A HE TOLD ME HE MIGHT BE NEEDING ME. HE HEARD THESE
PEOPLE MIGHT BE PUTTING HIM OFF.
Q WHO WAS HIS STEWARD?
A ME .
Q YOU WERE MR. DEMBY'S STEWARD?
A Y E S , S I R .
Q ALL RIGHT. NOW, WHAT EXACTLY WAS MR. DEMBY RE
SIGNING FROM AND REASSIGNED TO?
A I B E L I E V E AT THAT TIME MR. DEMBY WAS - - I B E L I E V E
HE WAS A - - HE COULD HAVE BEEN A JANITOR. I
WOULDN'T BE S P E C I F I C .
Q ALL RIGHT. WHAT WORK DID THE SUPERVISOR PUT HIM
TO DO AT THAT TIME?
A BATCHING UP, S I R .
Q THAT IS 1220 AS YOU REFER TO THE WORK?
A R E C E I V I N G .
Q MR. JOHNSON, I S N ' T I T TRUE THAT THIS WHOLE INCIDENT
INVOLVED A COMPLAINT THAT MR. DEMBY WAS BEING
ASKED TO DO 1220 WORK AND ONLY GETTING LABORER'S
PAY FOR I T ?
A NO, I WOULD SAY MR. DEMBY WAS SUPPOSED TO BE - -
THE SUP ER V IS O R' S INTENTION FOR MR. DEMBY TO HAVE
... — E Y K L Y X O V K H I i l i C K
O F F IC IA I. FO U H T K F .FO K T K K
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THIS JOB.
Q PERMANENTLY OR TEMPORARILY?
A I DON'T KNOW. ALL JOBS ARE TEMPORARY.
Q HOW DID YOU KNOW WHAT THE SUPERVISOR'S INTENTION
WAS?
A WELL, HE TOLD ME HIS PAY WOULD START THE DAY AFTER
THEN.
Q WAS THE TRANSFER PROCESS THROUGH THE PERSONNEL
DEPARTMENT?
A NO.
Q AREN'T ALL TRANSFERS REQUIRED TO BE PROCESSED
THROUGH THE PERSONNEL DEPARTMENT?
A I DON'T THINK THAT IS ALWAYS THE CASE , NO, S I R .
Q I S N ' T IT TRUE THAT THE SUPERVISOR MERELY TOOK MR.
DEMBY AND PUT HIM TO DOING SOME WORK TEMPORARILY?
A NO, S I R . L I K E I SAY, I THINK HE INTENDED FOR HIM
TO HAVE THE JOB.
Q ALL RIGHT. DID YOU F I L E A GRIEVANCE ON BEHALF OF
MR. DEMBY?
A NO, I D I D N 'T .
Q ALL RIGHT. HAVE YOU EVER IN THE ENTIRE COURSE OF
YOUR STEWARDSHIP HAD ANY RESTRICT IONS WHATSOEVER
PLACED UPON YOUR RIGHT TO F I L E GRIEVANCES?
A BEG PARDON?
Q E I THE R ON YOUR OWN BEHALF OR THE PEOPLE YOU
v v i : l y a TTvi:inu:< k
n v h i c i M . c o r i n ' m r o i c r m t
i G 3 (L>
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REPRESENT?
A I DIDN’ T QUITE HEAR YOU, S I R .
Q DURING THE WHOLE TIME YOU HAVE BEEN A STEWARD,
WHICH IS SEVERAL YEARS, HAS ANYBODY WITH THE
UNION, ANY O F F IC E R OF THE UNION, EVER TR IED TO
KEEP YOU FROM F I L I N G A GRIEVANCE, E I THE R ON BEHALF
OF YOURSELF OR ON BEHALF OF THE EMPLOYEES IT IS
YOUR DUTY TO REPRESENT?
A NO, S I R .
MR. WHEAT: PASS THE WITNESS.
THE COURT: ALL R IGHT , MR.
WHEAT.
MRS. MC DONALD.
REDIRECT EXAMINATION
BY MRS. MC DONALD:
Q MR. JOHNSON, HAVE YOU HAD CONVERSATIONS WITH
C H IE F STEWARDS?
A Y E S , MA'AM.
Q WHO HAVE BEEN ABOVE YOU DURING THE TIME THAT YOU
HAVE BEEN STEWARD ABOUT THE HIGH SCHOOL AND T ES T - ̂
ING REQUIREMENTS, HAVE YOU COMPLAINED TO THE CHIEF
STEWARDS ABOUT I T ?
A Y E S , MA’ AM.
Q HAS THE C H I E F , HAVE THE CH IE F STEWARDS TOLD YOU
e v e i a x o y e h h e c k
O F F K 'IM . CO U R T R K /D R T K R
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A
Q
A
Q
A
THAT THE UNION CAN'T DO ANYTHING ABOUT THOSE
REQUIREMENTS?
Y E S , MA'AM.
HAVE YOU ALSO COMPLAINED TO THE CH IE F STEWARDS
ABOUT THE SEN IO RIT Y PROBLEM, THAT YOU COULDN'T
BRING YOUR SEN IO RIT Y WITH YOU?
Y E S , MA'AM.
HAVE THE C H I E F STEWARDS TOLD YOU THAT THE UNION
COULD NOT GET THE COMPANY TO AGREE THAT YOU COULD
BRING YOUR SEN IO RIT Y WITH YOU?
Y E S , MA'AM.
MRS. MC DONALD: I HAVE NO
FURTHER QUESTIONS.
RECROSS EXAMINATION
BY MR. BURCH:
Q WHEN DID YOU EVER TALK TO A CH IE F STEWARD ABOUT
BRINGING YOUR SEN IO RIT Y FROM THE LABOR DEPARTMENT
TO SOME OTHER DEPARTMENT?
A WELL, I THINK THIS IS THE F I R S T - - I TALKED TO
MR. VAUGHAN ABOUT I T . I THINK THAT COULD HAVE
BEEN SOMETIME AROUND, COULD HAVE BEEN AROUND ' 6 3 ,
SOMETHING L I K E THAT.
Q WERE YOU TALKING TO MR. VAUGHAN ABOUT PROPOSALS TO
BE PAID IN NEGOTIATIONS OR WHAT WERE YOU TALKING
E Y E I A S O Y E E H E C K
nmri.M. roner kki’oktkh
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TO HIM ABOUT?
A WELL, I MEAN THIS IS REGARDING A D ES IR E TO TRANS
FER TO THE PRODUCTION.
Q WAS THIS ABOUT THE TIME THAT THE COMPANY OFFERED
YOU AND THE OTHERS IN THE LABOR DEPARTMENT AND
OPPORTUNITY TO TRANSFER TO PRODUCTION?
A NO, THIS IS A L I T T L E PRIOR TO THAT.
Q BEFORE THE COMPANY MADE YOU AN OFFER , IS THAT
WHAT YOU ARE SAYING?
A Y E S , S I R .
Q ALL RIGHT. LET ME ASK YOU A L I T T L E B I T ABOUT THE
CHANGES THAT WERE MADE IN 1970 IN THE CONTRACT.
IS IT CORRECT THAT ONE OF THE CHANGES THAT YOU
PROPOSED HAD TO DO WITH AN EMPLOYEE RETAINING
HIS S E N I O R I T I E S IN THE OLD DEPARTMENT I F HE TRANS
FERRED TO A NEW ONE?
A THAT WAS MY - - YOU MEAN, WAS THAT MY S P E C I F I C
REASON?
Q WELL, DID YOU MAKE A SUGGESTION THAT THAT BE
CHANGED AND PUT IN THE CONTRACT?
A Y E S , S I R .
Q ALL RIGHT. NOW, PRIOR TO 1970 NEGOTIATIONS I S N ' T
I T CORRECT THAT I F AN EMPLOYEE TRANSFERRED FROM ONE
DEPARTMENT TO ANOTHER HE RETAINED HIS SENIO RITY
IN HIS OLD DEPARTMENT FOR TWO YEARS?
____________________ _________________________ |
U V K L Y i X (> V i i l t H M ' K
O F F IC IA L r o l l i n ' R F .I'O K TM i
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A Y E S .
Q BUT NO LONGER?
A YES , S I R .
Q AND PRIOR TO THE 1970 NEGOTIATIONS I F A MAN
WANTED TO TRANSFER HE WENT TO THE PERSONNEL DE
PARTMENT AND MADE OUT A L I T T L E CARD FOR THE PER
SONNEL DEPARTMENT?
A BEG PARDON, S I R . PRIOR TO ' 7 0 ?
Q PRIOR TO THE 1970 NEGOTIATIONS.
A NO, S I R .
Q DID YOU EVER INVEST IGATE THE PROCEDURE OR HOW IT
WAS THAT PEOPLE GOT TRANSFERRED?
A DID I EVER I N VES T IG ATE ?
Q YES .
A OH, Y E S , S I R .
Q WHAT WAS THE PROCEDURE AS YOU UNDERSTOOD I T ?
A YOU JUST HAVE TO GET SOME DEPARTMENT HEAD/ SOMEONE
*TO ACCEPT YOU OR SOMEONE TO TALK TO SOMEONE ABOUT
TRANSFERRING YOU, SOMEONE IN THE DEPARTMENT.
Q YOU KNEW THAT THERE WAS A RULE ON HOW LONG A MAN
RETAINED HIS SEN IO RIT Y I F HE DID TRANSFER?
A YOU SAID DID I KNOW THAT?
Q YES .
A Y E S , S I R .
I 'M TALKING ABOUT BEFORE 1970.
E V E L Y N O V E U E E C K
O F F IC IA L ( ' (> r F T U F.FO U TLK
J 72a,
___________ 9 1
Q
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A Y E S .
Q AND YOU KNEW THAT A NUMBER OF BLACK EMPLOYEES
HAD TRANSFERRED FROM THE LABOR DEPARTMENT TO
OTHER DEPARTMENTS, DIDN'T YOU?
A ABOUT TWO.
Q HOW MANY?
A ABOUT TWO OR THREE , Y ES .
Q DO YOU REMEMBER WHEN I TOOK YOUR DEPOSITION THE
OTHER DAY AND TALKED TO YOU ABOUT THIS SUBJECT
IN MRS. MC DONALD’ S O F F I C E ?
A ABOUT THE - -
Q ABOUT THE BLACKS TRANSFERRING FROM THE LABOR DE
PARTMENT .
A YES .
Q DIDN'T YOU T E L L ME AT THAT TIME YOU WERE SURE
THERE WERE AT LEAST TWENTY?
A YOU SAID PRIOR TO ' 7 0 ?
Q Y E S , S I R ; PRIOR TO 1970.
A DID I SAY TWENTY?
Q WASN’ T THAT YOUR TESTIMONY?
A NO, S I R .
Q THAT IS NOT YOUR TESTIMONY TODAY?
A NO, S I R .
Q YOU ARE SAYING BEFORE 1970 THERE WERE ONLY TWO OR
THREE, IS THAT YOUR TESTIMONY?
U V E L Y S OY ~FK UFA' K
O F F IC IA L C o r i n ' UF.VOKTKK
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A FROM THE LABOR DEPARTMENT, YE S .
Q IN ANY EVENT, IN 1970 THERE WAS A PROVISION WRIT
TEN INTO THE CONTRACT COVERING TRANSFERS, WASN'T
I T ?
A IN 1970?
Q YES .
A THERE WAS A PROVISION.
Q PROVISION COVERING TRANSFERS WRITTEN IN THE CON
TRACT.
A YES .
Q BETWEEN THE COMPANY AND THE UNION?
A YES .
Q LET ME SHOW YOU THE CONTRACT, AND I UNDERSTAND
THAT ON PAGE 21 , PARAGRAPH H, IS THE CLAUSE THAT
COVERS A MAN RETAINING S E N I O R I T Y . I WILL ASK YOU
I F THAT IS THE PROVISION YOU HAVE BEEN TELL ING ME
ABOUT E A R L I E R .
A WOULD YOU STATE YOUR QUESTION AGAIN?
Q IS THIS THE CHANGE IN THE 1970 CONTRACT THAT YOU
SUGGESTED THAT THE UNION OUGHT TO NEGOTIATE, OR
IS THAT ONE OF THE CHANGES?
A NO, S I R ; NOT THAT. I MEAN, THIS IS 1970?
Q Y E S , S I R .
A THIS IS NOT THE ONE .
Q D I DN 'T YOU T ELL US THAT YOU SUGGESTED THAT
i<:\i;lyx ovkuhevk
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UNION NEGOTIATE A CHANGE SO THAT EMPLOYEES COULD
RETAIN THE IR SEN IO RI T Y I F THEY TRANSFERRED?
A IN HIS HOME - -
Q IN HIS HOME D I V IS IO N OR DEPARTMENT.
A Y E S , S I R .
Q D IDN'T THEY NEGOTIATE A CLAUSE L I K E THAT IN 1970?
A YES .
Q YOU ARE SAYING THIS PARAGRAPH H - -
A MAYBE I SHOULD READ FURTHER. THAT IS NOT THE
PARAGRAPH.
Q THAT IS NOT THE PARAGRAPH YOU WERE T ELL IN G US ABOU
ALL R IGHT , S I R .
YOU INDICATED TO ME THE OTHER DAY YOU WE
GENERALLY FAMILIAR WITH THE CONTRACT, D IDN'T YOU?
A I THINK I SAID IN PART. I DON'T THINK I DID IN
WHOLE.
*
Q ALL RIGHT. NOW, DON'T YOU KNOW THAT UNDER THE
PRESENT CONTRACT IT PROVIDES THAT I F AN EMPLOYEE
TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER HE CAN
RETAIN HIS SE N IO RI T Y IN HIS HOME DEPARTMENT AND
USE IT I F HE IS LAID OFF BY REDUCTION IN FORCE,
OR I F HE IS REJECTED BY THE COMPANY FOR LACK OF
Q U A L I F I C A T I O N S . DON'T YOU UNDERSTAND THOSE TO BE
THE RULES TODAY?
A I F HE IS - - SAY WHAT NOW?
— — — — _ _ _ _ _ _
9<+
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Q I F AN EMPLOYEE WAS TRANSFERRED FROM ONE DEPART-
MENT TO ANOTHER AND AFTER A TR IA L HE IS REJECTED
BY THE COMPANY FOR LACK OF QUALIF ICATIONS DON'T
YOU UNDERSTAND THAT HE CAN GO BACK TO HIS HOME
DEPARTMENT?
A UNDER PRESENT, YOU SAY?
Q Y E S , S I R .
A YES .
Q AND DON'T YOU UNDERSTAND THAT UNDER THE PRESENT
CONTRACT I F A MAN TRANSFERS AND THEN IS LAID OFF
FROM HIS NEW DEPARTMENT DUE TO LACK OF WORK HE
CAN GO BACK TO HIS HOME DEPARTMENT?
A Y E S , S I R .
Q AND THAT IS WHAT YOU SUGGESTED OUGHT TO BE PUT
IN THE CONTRACT?
A NO, S I R .
Q ALL R IGHT . DON’ T YOU KNOW THAT THE CONTRACT AT
THE PRESENT TIME DOES NOT PROVIDE FOR A MAN TO
RETAIN S EN IO RI T Y I F HE TRANSFERS AND DECIDES HE
DOESN'T L I K E THE WORK?
A BEG YOUR PARDON?
Q UNDER THE PRESENT CONTRACT I F A MAN TRANSFERS
AND JUST DEC IDES HE DOESN’ T L I K E THE WORK IN HIS
NEW DEPARTMENT THE CONTRACT DOESN'T PROVIDE FOR
HIM TO RETAIN HIS WHOLE S E N I O R I T Y .
~ I' O Y E l x l i E C K
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A YOU SAY THE CONTRACT DOESN’ T PROVIDE - -
Q NO, S I R . '
A I DON'T KNOW.
Q YOU JUST DON’ T KNOW, IS THAT YOUR TESTIMONY?
A MAYBE I 'M NOT UNDERSTANDING YOU. I DON'T KNOW.
Q DON'T YOU KNOW THAT I F A MAN TRANSFERS UNDER THE
PRESENT CONTRACT AND DECIDES THAT HE JUST DOESN'T
L I K E THE NEW JOB, HE DOESN'T HAVE ANY RIGHT JUST
TO GO BACK TO HIS OLD DEPARTMENT, DOES HE?
A NO, S I R . I GUESS NOT.
Q ALL RIGHT . AND THAT HAS CEEN THE RULE, AT LEAST
S INCE THE CONTRACT WAS NEGOTIATED IN 1970 , HASN’ T
I T ?
A I WOULD SAY SO, Y E S .
Q ALL RIGHT. AND THAT WAS THE RULE IN THE CONTRACT
IN 1971 WHEN YOU WERE OFFERED TO TRANSFER TO THE
PRODUCTION DEPARTMENT, WASN'T I T ?
A BEG PARDON, S I R ?
Q AND THAT WAS THE CONTRACTUAL RULE THAT WAS IN E F
FECT IN 1971 WHEN YOU WERE OFFERED A TRANSFER TO
I
PRODUCTION, WASN'T I T ?
I I
A IN ' 7 1 ?
Q Y E S , S I R .
A YOU MEAN - -
Q THIS SAME CONTRACT WAS S T I L L IN EF F E C T IN NOVEMBER!
__________________________________________ |
E V E E Y . X D Y E I U U X K
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OF THIS YEAR WHEN YOU WERE OFFERED A TRANSFER,
WASN'T I T ? '
A NO. I THINK THIS LETTER STATES SOMETHING D I F F E R
ENT, S I R .
Q ALL RIGHT , S I R . YOU WERE ASKED ABOUT SEVERAL
BLACK EMPLOYEES WHO SERVE AS STEWARDS NOW, CHARLES
BEAN, ROBERT WILL IAMS, BETHEL PARKER, A MAN NAMED
GRANT AND DARDEN. IS IT CORRECT THAT ALL OF
THOSE MEN NOW WORK FOR THE COMPANY IN DEPARTMENTS
OTHER THAN THE LABOR DEPARTMENT?
A I BEG YOUR PARDON, S I R ?
Q YOU WERE ASKED ABOUT SOME MEN WHO MR. WHEAT SUG
GESTED WERE STEWARDS, AND I UNDERSTOOD THEY ARE
BLACK EMPLOYEES - - CHARLES BEAN, ROBERT WILL IAMS,
BETHEL PARKER, MR. GRANT AND MR. DARDEN. I S N ' T
I T TRUE THAT ALL THOSE MEN WORK IN DEPARTMENTS
OTHER THAN THE LABOR DEPARTMENT?
A Y E S , S I R . THAT MIGHT BE A D IST INCTION BETWEEN
THE DARDENS. I DON'T KNOW WHETHER HE REFERRED TO
- - THE RE ' S ANOTHER DARDEN IN THE LABOR DEPARTMENT.
Q WELL, IS THERE ONE DARDEN WHO IS OUTSIDE THE
LABOR DEPARTMENT?
A Y E S , S I R . THERE ARE.
Q ALL R IGHT , S I R .
MR. BURCH: THAT IS ALL I HAVE 1
__________________________________________________________________________________________________ 1
E Y E D ' S O Y E H H E C K
O F F IC IA L CO U RT R E P O R T E R
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THANK YOU.
THE COURT: ANYTHING FURTHER,
MRS. MC DONALD?
MRS. MC DONALD: NO.
THE COURT: ALL RIGHT. YOU
MAY STEP DOWN.
JOHN H. CHAPMAN,
WITNESS CALLED BY AND IN BEHALF OF P L A I N T I F F , HAVING
BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D AS
FOLLOWS:
DIRECT EXAMINATION
BY MRS. MC DONALD:
Q MR. CHAPMAN, WILL YOU STATE YOUR NAME.
A JOHN H. CHAPMAN.
Q MR. CHAPMAN, WHAT IS YOUR RACE?
A NEGRO.
Q ARE YOU EMPLOYED BY GOODYEAR HERE IN HOUSTON?
A Y E S , I AM.
Q WHEN WERE YOU F I R S T EMPLOYED?
A MAY 6 TH, 19^4.
Q AND IN WHAT DEPARTMENT WERE YOU EMPLOYED?
A IN THE LABOR DEPARTMENT.
IN WHAT DEPARTMENT ARE YOU PRESENTLY EMPLOYED?
EVE l A S OVEEHECK
O h F I l' IM <1)1 H T B R I'O liT R R
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A LABOR DEPARTMENT.
Q WHAT JOB DO YOU HOLD IN THE LABOR DEPARTMENT NOW?
A LABOR LEADMAN.
Q HOW LONG HAVE YOU BEEN A LABOR LEADMAN?
A APPROXIMATELY TWO YEARS.
Q WHAT GENERALLY ARE THE FUNCTIONS, THE R E S P O N S I B I L I
T I E S , OF A LABOR LEADMAN?
A LABOR LEADMAN IS SUPPOSED TO A S S I S T THE SUPER
VISOR AND CHECK DIFFERE NT TYPES OF WORK I F THE
SUPERVISOR IS NOT THERE TO CHECK.
Q IS THERE A FOREMAN IN THE LABOR DEPARTMENT?
A Y E S , MA'AM, IT I S .
Q IS THAT MR. COLEMAN?
A NO, MA’ AM; MR. JACK UNCLE.
Q MR. COLEMAN IS THE SUPERVISOR?
A I AM IN THE WAREHOUSE AND SH IPP ING . MR. JACK
UNCLE IS THE FOREMAN OVER LABOR DEPARTMENT AND
SH IPP ING .
Q I S E E . NOW, YOU HAVE BEEN A LABORER THEN WORKING
IN THE AREA OF THE SHIPPING DEPARTMENT; IS THIS
WHAT YOU ARE SAYING?
A Y E S , MA’ AM, THAT IS TRUE.
Q NOW, WHEN YOUVERE F I R S T EMPLOYED IN ’ 4'+ WHAT TYPE
OF JOB WERE YOU DOING?
A WELL, WE WAS OPERATING FORK TRUCKS, UNLOADING.
E V K L Y S O Y K I i l i M ' K
O F F IC IM r n t ’H T l : i : i ‘OUr>‘-:K
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Q WHAT WOULD YOU UNLOAD?
A WE WAS LOADING RUBBER, OPERATING FORK TRUCKS
LOADING RUBBER.
Q IN THE AREA OF THE SHIPPING DEPARTMENT?
A Y E S , MA * AM.
Q HOW LONG DID YOU PERFORM THOSE JOB D UT IE S?
A SOME TEN YEARS.
Q SO THEN IN ABOUT 19^4 YOU STOPPED PERFORMING THOSE
JOB DUTI ES?
A I T WAS ABOUT 1951 OR ' 5 2 .
Q WHY DID YOU STOP PERFORMING THOSE JOB DUTI ES?
MR. BURCH: YOUR HONOR, I WANT
TO OBJECT FOR THE RECORD. THIS IS OB
VIOUSLY TOO REMOTE TO HAVE ANY RELEVANCE
OR MATERIAL ITY TO THE PRESENT CASE.
SHE IS ASKING ABOUT THINGS IN 1 9 ^ AND
NOW IN ' 5 2 , LONG BEFORE THE C I V I L RIGHTS
ACT, ABOUT TWENTY YEARS AGO.
THE COURT: I WILL PERMIT HER
TO DO I T .
Q SO THEN YOU STOPPED PERFORMING FORK L I F T JOBS IN
’ 52, IS THAT RIGHT?
A AROUND *52 .
Q WHAT WERE THE CIRCUMSTANCES THAT E X I S T E D WHEN YOU
STOPPED PERFORMING THOSE JOB DUTI ES?
" EYI.IA X OVEIWM'K
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10 1
- -
WELL, WE ASKED TO BE R EPR ES EN TA TI V E , TO BARGAIN
FOR TEN CENTS AN HOUR WAGE INCREASE , AND DURING
THAT TIME IT WAS TAKEN FROM THE LABORERS WHICH
WERE BLACK AND GIVEN TO SHIPPING AND T R AF F IC
WITH THE TEN CENTS AN HOUR WAGE INCREASE .
Q HOW WERE THE EMPLOYEES WHO TOOK OVER YOUR JOB
D U T I E S , HOW WERE THESE EMPLOYEES C L A S S I F I E D ? WHAT
WAS THEIR JOB CALLED?
A SHIPPING AND T R A F F I C .
Q THEY HAD D I V IS IO N S EN IO RI T Y IN THE SHIPPING AND
T R A F F I C THEN?
A THAT’ S RIGHT .
Q ALL YOUR D I V IS IO N SEN IO RI T Y WAS THEN IN LABOR,
IS THAT RIGHT?
A Y E S , MA’ AM.
Q NOW, DID YOU COMPLAIN ABOUT THAT FACT?
A Y E S , MA’ AM.
Q YOUR JOB DUTIES WERE GIVEN TO OTHER EMPLOYEES?
A Y E S , MA’ AM.
Q WHO DID YOU COMPLAIN TO?
A THE UNION AND MR. VAN OSDALL .
Q WHEN DID YOU F I R S T START COMPLAINING TO THE UNION?
A WELL, I COMPLAINED TO MR. TEAGUE IN 1965.
NOW, AT THE TIME THAT THE JOB DUTIES THAT YOU WERE
PERFORMING WERE GIVEN TO THE EMPLOYEES IN THE
E V E D ' X () I El< UFA l<
n n - 'H ’J M r o v i n ' K K rn H T K H
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SHIPPING DEPARTMENT, THAT IS THE WAREHOUSE AND
R E C E I V IN G ?
A WAREHOUSE AND SH IP P I NG .
Q WAREHOUSE AND SH IP P I NG. WHAT WAS THE RACE OF
THOSE EMPLOYEES?
A RATE?
Q RACE, COLOR, WERE THEY WHITE OR BLACK?
A YOU MEAN IN THE WAREHOUSE AND S H IP P I N G , UNLOADING?
Q Y E S .
A ALL BLACK, UNLOADING.
Q NOW, THE EMPLOYEES WHO WERE ACTUALLY C L A S S I F I E D
WITH D I V I S I O N SEN IORITY IN SHIPPING AND RECE IV ING
WHO TOOK OVER THE FORK L I F T JOB D U T I E S , WHAT WAS
THEIR RACE?
A WHITE.
Q NOW THEN, WHEN YOU COMPLAINED TO MR. TEAGUE - -
WELL, LET ME ASK YOU T H I S : WHO IS MR. TEAGUE?
A HE IS THE BUSINESS RE PRE SENTATIVE .
Q OF THE DEFENDANT UNION?
A (NODDED.)
Q WHEN YOU COMPLAINED TO MR. TEAGUE WHAT WAS MR.
TEAGUE’ S RESPONSE?
A WELL, I ASKED HIM TO HELP ME TO GAIN MY S E N I O R I T Y ,
AND THESE ARE THE WORDS HE SAID TO ME, THAT HE
WOULD HELP ME GET ON THE FORK TRUCK WHEN THE
UVl'IA'X <> I'A ulih'A'K
O K F H 'IM , C O I’l t r ); I ' I ‘OU T Hit
■■ 1 ?3«-
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GOODYEAR IS FULLY INTEGRATED. HE SAID GOODYEAR
WAS INTEGRATED L I K E THIS CAFE TE RI A WAS. HE SAID
HE DIDN’ T WANT THE COLORED TO KNOW THAT THE
CA FETERIA WERE INTEGRATED BECAUSE HE WAS AFRAID
THEY WOULD WANT A CUP OF CO FF EE . THAT IS THE
WORDS HE TOLD ME.
Q NOW, WHEN YOU WERE COMPLAINING TO MR. TEAGUE IN
YOUR WORDS TO GET YOUR S E N I O R I T Y , WHAT WERE YOU
TRYING TO DO?
A THE CONTRACT READS YOU DIDN’ T LOSE THE SENIORITY
UNLESS YOU QU IT , BE LAID OFF OR GET F I R E D . I
NEVER DID GET ANY ONE OF THE SE , IT NEVER HAPPENED
TO ME. I OPERATED A FORK TRUCK FOR SOME TEN
YEARS AND THAT IS WHAT I WANTED HIM TO FIND OUT,
WHAT HAPPENED TO MY S E N I O R I T Y .
Q WERE YOU ASKING HIM TO ATTEMPT TO GET YOU SENIORIT '
IN THE SHIPPING AND RECE I V ING DEPARTMENT?
A NOT REC E IV ING - - SHIPPING AND WAREHOUSE AND
SHIPPING DEPARTMENT.
Q WERE YOU ASKING HIM SINCE YOU HAD WORKED THE JOBS
THAT WERE THEN BEING PERFORMED BY THE EMPLOYEES
IN SHIPPING AND T R AF F IC THAT YOU BE GIVEN D IV IS IO N
SE NI ORI TY IN SHIPPING AND T R A F F I C ?
A Y E S , MA’ AM.
Q NOW, AT THE PRESENT TIME ALL OF YOUR D I V IS IO N
~ /<;i'/•;/,l a ’ 77rk r k f j k
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SENIO RITY IS IN THE LABOR, IS THAT RIGHT?
A LABOR, THAT’ S RIGHT.
Q NOW, WAS THE WAREHOUSEMAN AND SHIPPER WHO TOOK
OVER THE JOB DUTIES THAT YOU HAVE DESCRIBED OF
THE LABOR, WERE THEY BEING PAID MORE OR LESS THAN
LABORERS AT THAT TIME?
A THEY WAS PAID MORE.•j
Q APPROXIMATELY HOW MUCH MORE WERE THEY BEING PAID
AT THIS TIME?
A TWENTY-FIVE OR THIRTY CENTS AN HOUR MORE.
Q NOW, YOU T E S T I F I E D THAT YOU WERE WORKING LABOR
BUT IN THE AREA OF SHIPPING AND TR AFF IC DEPARTMENT,
IS THAT RIGHT?
A THAT'S RIGHT.
Q NOW, DO YOU OR HAVE YOU HELD A STEWARD'S POSITION
WITH THE UNION?
A Y E S , MA'AM.
Q WHEN DID YOU F I R S T BECOME A STEWARD?
A OH, THE CHIEF STEWARD, JACK E . VAUGHAN - - JACK E .
VAUGHAN WAS CH IE F STEWARD THEN.
Q HOW LONG DID YOU REMAIN A STEWARD?
A I REMAINED A STEWARD UP UNTIL SOME F I V E MONTHS
AGO.
Q WERE YOU A STEWARD IN 1968?
A Y E S , MA'AM, I WERE.
- O Y E K H M ' K
O t h l C I A I . r n V K T K E V O R T H K
18 3 ̂
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Q DO YOU KNOW MR. C. LYONS AND MR. L . BROWN?
A Y E S , MA'AM, I DO.
Q ARE THEY WHITE OR BLACK EMPLOYEES?
A BLACK.
Q AND IN 1968 TO YOUR BEST KNOWLEDGE WERE THEY
C L A S S I F I E D IN THE LABOR DEPARTMENT?
A C L A S S I F I E D ?
Q YEAH.
A AS A LABORER?
Q YEAH.
A Y E S , MA'AM, THEY WERE C L A S S I F I E D AS A LABORER.
Q HAVE E ITHER MR. LYONS OR MR. BROWN EVER BEEN
TRANSFERRED TO THE SHIPPING AND TR AFF IC DEPARTMENT*
A Y E S , MA'AM, THEY HAVE.
Q WHEN WERE THEY TRANSFERRED?
A THE F I R S T ATTEMPT, THE YEAR I CAN'T RECALL WHEN
HE F I R S T OFFERED TO MOVE IN A TIME WHEN TWO
Y E A R S ’ SEN IO RIT Y - - THAT IS WHEN THEY F I R S T AT
TEMPTED TO MOVE THE SHIPPING AND T R A F F I C .
Q I DON'T KNOW I F I UNDERSTAND.
A THE F I R S T OFFER MR. VAN MADE US, OFFERED US TO
MOVE, WHEN THEY DROPPED THE TEST AND DURING THE
T IME , AFTER BEING IN THE DEPARTMENT FOR TWO
YEARS WE WOULD LOSE ALL OUR SENIORITY AT THE
EVELYN OY liR HECK
O F F I C I A L C O V U T H E F O R T M i
1 s e a -
LABOR DI V IS IO N
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Q THAT HAD TO BE PRIOR TO THE PRESENT CONTRACT
E F F E C T I V E JULY 24 , 1970.
A YES .
Q MR. VAN , THAT IS MR. VAN OSDALL, IS THAT CORRECT?
A RIGHT, MR. VAN OSDALL .
Q HE HAS T E S T I F I E D HE MADE THAT OFFER IN 1969. DOES
THAT SOUND ABOUT RIGHT?
A IT SOUNDS ABOUT RIGHT.
Q NOW, WERE YOU PRESENT WHEN MR. LYONS AND MR.
BROWN WERE TRANSFERRED TO THE SHIPPING AND T R A F F I C
DEPARTMENT?
A Y ES , MA'AM, I WERE.
Q DID THEY REMAIN ON THAT JOB IN THE SHIPPING AND
TR AF F I C DEPARTMENT?
A NO, MA'AM, THEY D ID N 'T .
Q HOW LONG DID THEY REMAIN ON THE JOB?
A TWO WEEKS OR TWO WEEKS AND A HALF.
Q WHY DID THEY LEAVE THAT JOB?
A I WAS STEWARD IN THAT T IME , AND THE WAREHOUSE
FOREMAN, WHICH IS JACK UNCLE, SAID THAT THEY
WOULD STAY ON THE FORK TRUCK TWO OR THREE WEEKS
THE LONGEST, AND THEY WOULD BE BACK TO ME.
Q WAS THIS PRIOR TO THE TIME MR. LYONS AND MR.
BROWN ACTUALLY WORKED THOSE TRUCKS, WAS THIS BE
FORE THEY CAME INTO THE DEPARTMENT?
E V E L Y N O Y E R H E C K
O F F I C I A L c o n n ' H KFOH TKH
1 3 7 a -
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A THAT IS BEFORE THEY CAME INTO THE DEPARTMENT,
SHIPPING AND T R A F F I C .
Q IS MR. ARNOLD WHITE OR BLACK?
A ARNOLD?
Q IS HE WHITE OR BLACK?
A YOU MEAN UNCLE? HE 'S WHITE.
Q YOU REFER TO HIM AS UNCLE?
A MR. JACK UNCLE.
Q JACK UNCLE?
A HE IS WAREHOUSE FOREMAN.
Q OKAY. NOW, DID THAT TURN OUT AS HE HAD TOLD YOU?
A Y E S , MA'AM, IT DID.
Q WERE MR. LYONS AND MR. BROWN D I S Q U A L I F I E D AFTER
TWO WEEKS?
A Y E S , MA'AM, THEY WERE.
Q DID THEY GO BACK TO THE LABOR DEPARTMENT?
A I DON'T RECALL WHETHER THEY WENT BACK TO THE
LABOR DEPARTMENT. I WAS OFF S I CK WHENEVER THEY
WERE BACK.
Q HAD MR. LYONS EVER WORKED THAT FORK L I F T JOB
BEFORE?
A NO, MA'AM, HE HADN'T.
Q NOW, MR. CHAPMAN, HAVE YOU EVER TAKEN THE TESTS
THAT THE COMPANY HAS BEEN G IV ING?
A NO, MA'AM, I HAVEN'T.
E V E L Y S O Y I 'M H E C K
O F F I C I A L CO V U T I I F fO U T F . l t
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Q WHY IS IT YOU HAVE NEVER TAKEN THE TEST?
A WELL, THEY SAID MY GRADE LE VE L WAS TOO LOW, NO. 2.
ONE, AND NO. 2, I FE L T L I K E I WAS ASKING FOR A
FORK L I F T . I DIDN'T THINK I HAD TO TAKE A TEST
FOR A JOB I HAD DONE TEN YEARS.
Q THIS WAS A JOB THAT WENT TO SHIPPING AND T R A F F I C ,
YOU T E S T I F I E D ?
A Y ES , S I R .
Q WHO TOLD YOU THAT YOUR GRADE LEVEL WAS NOT HIGH
ENOUGH TO TAKE THE TE ST?
A MR. VAN OSDALL. I WROTE HIM A LETTER IN 1968.
Q WHAT WAS YOUR GRADE LE VE L AT THAT TIME?
A EIGHTH GRADE.
Q WERE YOU OFFERED AN OPPORTUNITY TO TRANSFER OUT
OF THE LABOR DEPARTMENT IN 1969?
A Y E S , MA'AM.
Q WHAT JOBS WERE YOU OFFERED THE OPPORTUNITY TO
TRANSFER?
A WELL, BALER HELPER , FORK L I F T OPERATOR, AND STONE.
Q THIS FORK L I F T JOB, IS THE FORK L I F T JOB IN
SHIPPING?
A Y E S , MA'AM.
Q IS THAT THE JOB YOU T E S T I F I E D ABOUT BEFORE YOUWERE
PERFORMING THESE JOB DUTIES ON?
A Y E S , MA'AM.
E Y E D S' O Y E R H E C K
O F F I C I A L COO If T KKI'OH TKR
- - 1 8 9 Q.
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Q WHEN WOULD YOU BEGIN TO APPROVE D I V I S I O N S E N I O R I
T I E S , ASSUMING YOU HAD ACCEPTED THE FORK L I F T JOB
IN SHIPPING AND TR AFF IC WHEN WOULD YOU BEGIN TO
ACCRUE D I V I S I O N SEN IORITY IN SHIPPING AND T R A F F I C ?
A WELL, IT WOULD HAVE BEEN AFTER NINETY DAYS.
Q AFTER THE TIME YOU HAD TRANSFERRED?
A FROM THE TIME I WAS TRANSFERRED, NINETY DAYS AFTER
Q IS IT TRUE THAT AT THAT TIME THE CONTRACT PROVIDED
YOU WOULD LOSE YOUR SEN IO RI T Y IN THE LABOR DEPART
MENT AFTER TWO YEARS, IS THAT RIGHT?
A Y E S , MA'AM.
Q NOW, DID YOU WANT TO TRANSFER TO ANY OTHER DEPART
MENTS AT THAT T IME , IN 1969?
A Y E S , MA'AM. I APPLIED TO TRANSFER TO U T I L I T I E S
OPERATOR AND FIREMAN.
Q WHO DID YDU SPEAK WITH IN AN EFFORT TO TRANSFER
TO THOSE DEPARTMENTS?
A MR. VAN OSDALL .
q WHAT WAS MR. VAN OSDALL'S RESPONSE?
A HE NEVER DID T E L L ME.
Q DID HE OFFER YOU A CHANCE TO TRANSFER TO THOSE TWO
DEPARTMENTS?
A NO, MA'AM. HE D I DN 'T .
Q DURING THE TIME THAT YOU HAVE BEEN LABOR LEADMAN
HAVE WHITES BEEN EMPLOYED IN THE LABOR DEPARTMENT?
E Y E L Y S OY Eli H E C K
o f f i c i a l conrr k F r o m 1 k k
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A Y E S , MA’ AM.
I
Q DO YOU KNOW A MAN NAMED MR. MC ELROY?
1
A Y E S , MA’ AM. I KNOW HIM, BUT HE WASN’ T IN MY DE
PARTMENT.
Q HE WAS IN THE LABOR DEPARTMENT BUT ASSIGNED TO
ANOTHER AREA?
A Y E S , MA’ AM.
Q DO YOU KNOW APPROXIMATELY WHEN MR. MC ELROY WAS
EMPLOYED?
A HE WAS EMPLOYED, I B E L I E V E , IN SEPTEMBER. I B E
L I E V E IT WAS THE 5TH, 1965.
Q IS HE WHITE OR BLACK?
A WHITE.
Q DO YOU KNOV/ WHAT JOB MR. C. LYONS WAS PERFORMING
AT ABOUT THAT TIME IN THE LABOR DEPARTMENT?
A HE WAS DRIVING A TRUCK IN THE STOREROOM, I GUESS
YOU WOULD CALL I T . I T WAS IN THE LABOR D I V I S I O N ,
BUT HE WAS DRIVING A TRUCK AND P ICK ING UP PARTS
AND DI FF ERE NT THINGS.
Q AND DID MR. LYONS REMAIN ON THAT JOB AFTER MR.
MC ELROY WAS EMPLOYED IN THE LABOR DEPARTMENT?
A SOME SHORT TIME AFTER MR. MC ELROY WAS EMPLOYED
MR. LYONS WAS PUT OFF THE JOB.
Q IS MR. MC ELROY WHITE OR BLACK?
A MR. MC ELROY IS WHITE.
E Y E I A ' S O Y E I W E C K
O F F I C I A L C O l i t t r I IF F O U T F U
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Q D I D M R . MC E L R O Y R E P L A C E M R . L Y O N S ON T H I S J O B ?
A Y E S , M A ’ A M . j
Q W H E N D I D M R . L Y O N S G O T O W O R K ?
A H E W E N T B A C K T O M R . C O L E M A N . I D O N ’ T K N O W W H A T
P O S I T I O N H E H A D O U T T H E R E .
Q D O E S M R . L Y O N S T O Y O U R K N O W L E D G E H A V E S E N I O R I T Y
I N T H E L A B O R D E P A R T M E N T D A T I N G B E F O R E 1 9 6 5 ?
A Y E S , M A ’ A M .
Q H A V E Y O U E V E R C O M P L A I N E D T O Y O U R C H I E F S T E W A R D
A B O U T T H E T E S T S A N D E D U C A T I O N A L R E Q U I R E M E N T S ?
A Y E S , M A ’ A M ; J A C K E . V A U G H A N .
Q W H A T I S T H E N A M E ?
A M R . J A C K E . V A U G H A N .
Q I S H E W H I T E O R B L A C K ?
A W H I T E .
Q W H E N W\S T H I S , M R . C H A P M A N ?
A T H A T W A S F R O M 1 9 6 8 .
Q W H A T D I D Y O U C O M P L A I N T O H I M A B O U T ?
A I C O M P L A I N E D , A S K E D H I M W H Y T H E B L A C K S H A D T O
T A K E T E S T S , T H O S E T H A T W A S H I R E D A F T E R 1 9 5 8 B L A C K S .
A N D T H E W H I T E S D I D N ' T H A V E T O T A K E I T . H E D I D N ' T
T E L L M E . I T O L D H I M I WA S G O I N G T O S E T I T U P . H E
S A I D H E W A S N O T G O I N G T O L E T ME H U R T H I S W H I T E
F R I E N D S B Y S E E K I N G T H I S I N F O R M A T I O N W H I L E WE H A D
T H E T I C K E T A N D T H E Y D I D N ' T .
E V E L Y X O Y El i lil 'A'K
OFnriM. cni'irr h kfokter
1 f* P ^- - l
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Q Y O U S A I D Y O U W E R E G O I N G T O S E E K I N F O R M A T I O N ' T O
I
F I N D O U T ?
A F I N D O U T WH Y WE H A D T O T A K E T H E T E S T S F R O M 1 9 5 8
B A C K A N D T H E W H I T E S H I R E D F R O M T H A T T I M E D I D N ’ T
H A V E T O T A K E I T .
Q A R E Y O U S T I L L A S T E W A R D I N T H E U N I O N ?
A N O , M A ’ A M . I ’ M N O T A M E M B E R O F T H E L O C A L .
Q D I D Y O U W I T H D R A W F R O M T H E M E M B E R S H I P O F T H E L O C A L ?
A Y E S , M A ’ A M .
Q W H Y D I D Y O U W I T H D R A W F R O M T H E M E M B E R S H I P ?
A W E L L , E V E R Y P R O P O S A L I P R O P O S E D T H E C H I E F S T E W A R D
V O T E D D O W N . E V E R Y T H I N G I A S K E D T H E U N I O N H E L P
M E T O DO T H E Y T U R N E D ME D O W N .
Q C A N Y O U G I V E E X A M P L E S O F T H I N G S Y O U H A V E T R I E D T O
G E T T H E C H I E F S T E W A R D T O D O ?
A I P R O P O S E D T H E L A S T C O N T R A C T A C L A S S I F I C A T I O N F O R
T H E W A R E H O U S E 1 4 0 0 T H E S A M E A S F O R K T R U C K O P E R A
T O R S , W H I C H A C T U A L L Y C H E M I C A L H A V E T H E S A M E T H I N G
T H A T M R . T E A G U E - - T H E S A M E T H I N G T H E W A R E H O U S E
L A B O R E R A N D T R U C K O P E R A T O R S D R A W T H E S A M E W A Y .
I P R O P O S E A T T H E M E E T I N G T H E C H I E F S T E W A R D V O T E
I T D O W N .
H E G O T U P A N D T A L K E D T O T H E P R O D U C T I O N
T O V O T E A G A I N S T I T . T H E C H I E F S T E W A R D S A I D T H A T
I W A S O N L Y T R Y I N G T O H U R T T H E W H I T E S B Y G E T T I N G
E V E L Y N < > I' E E E E C K
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T H I S C L A S S I F I C A T I O N . I A L S O A S K E D - - I H A D A N
A G R E E M E N T T O F I L E - - I D I D N ' T U N D E R S T A N D A B O U T
T H E WA Y T H A T T H E C O M P A N Y W A S L Y I N G , L E T T I N G T H E
S U P E R V I S O R , L E T T I N G T H E W H I T E Q U I T A T 2 : 3 0 A N D
M A K I N G T H E B L A C K S W O R K U N T I L 3 : 0 0 , A N D H E S A I D
I W A S H U R T I N G T H E W H I T E I F I F I L E D T H E G R I E V A N C E .
I W A I T E D T WO M O N T H S A N D H E W O U L D N ' T E V E N
H E L P ME W I T H T H A T , A N D T H E Y W A S N ' T D O I N G ME A N Y
G O O D A N D T H E Y W A S H A R M I N G M O R E T H A N T H E Y W A S
D O I N G ME G O O D .
Q Y O U H A V E A T T E N D E D T H E M E E T I N G S , I G A T H E R , F R O M
Y O U R T E S T I M O N Y , T H E S T E W A R D M E E T I N G S ?
A I N E V E R W A S O F F E R E D , D I D N ' T N E V E R I N V I T E M E .
Q HOW D O E S A P E R S O N L E A R N W H E T H E R O R N O T T H E R E I S
G O I N G T O B E A S T E W A R D M E E T I N G ?
A I R E A L L Y W O U L D N ' T K N O W .
Q W E L L , H A V E Y O U E V E R A T T E N D E D A S T E W A R D M E E T I N G ?
A D I D N ' T E V E N K N O W W H E N T H E Y W A S G O I N G T O H A V E T H E M .
Q T H I S M E E T I N G Y O U W E R E T E S T I F Y I N G A B O U T , W A S T H I S
A M E E T I N G O F T H E F U L L U N I O N ?
A F U L L U N I O N .
I
Q H A V E Y O U A T T E N D E D T H O S E M E E T I N G S ?
A S U R E .
Q I S T H E M A J O R I T Y M E M B E R S H I P O F T H E U N I O N W H I T E O R
E V E L Y X O Y E K H E C K
o r n c i M . c o v u t r e p o r t e r
19 4-a-
B L A C K ?
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2
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4
5
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13
14
15
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23
24
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A W H I T E .
Q H A S T H E R E E V E R B E E N A B L A C K C H I E F S T E W A R D ?
A N O , M A ' A M .
Q H A S T H E R E E V E R B E E N A B L A C K C O M M I T T E E M A N ?
A N O , M A ’ A M .
Q I S T H E R E P R E S E N T L Y O N E A C T I N G A T L A R G E T O Y O U R
K N O W L E D G E ?
A N O T T O MY K N O W L E D G E .
Q I S T H E P R E S I D E N T O F T H E U N I O N W H I T E O R B L A C K ?
A W H I T E .
Q I S T H E B U S I N E S S R E P R E S E N T A T I V E W H I T E O R B L A C K ?
A W H I T E .
Q A R E T H E P E R S O N S ON T H E E X E C U T I V E B O A R D W H I T E O R
B L A C K ?
A W H I T E .
M R S . MC D O N A L D : N O T H I N G
F U R T H E R , Y O U R H O N O R .
T H E C O U R T : A L L R I G H T . C R O S S
E X A M I N E , M R . B U R C H .
C R O S S E X A M I N A T I O N
B Y M R . B U R C H :
Q M R . C H A P M A N , Y O U DO R E C A L L I N 1 9 6 9 T H A T Y O U W E R E
O F F E R E D A N O P P O R T U N I T Y T O T R A N S F E R O U T O F Y O U R
P R E S E N T D E P A R T M E N T ?
T v E L Y S OY E M U ' . C K
O E E K 'I A I. r o r i l T R E P O R T E R
1 <3
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2
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A R I G H T .
Q WHO D I D Y O U T A L K T O A T T H A T T I M E , D O Y O U R E
M E M B E R ?
A M R . V A N O S D A L L .
Q D I D M R . V A N O S D A L L I N F A C T S H O W Y O U A L I T T L E
W R I T T E N F O R M A N D T A L K T O Y O U A B O U T HOW M U C H E D U
C A T I O N Y O U H A D A N D W H A T D E P A R T M E N T Y O U W O U L D
L I K E T O T R A N S F E R T O ?
A T O MY R E C A L L I B E L I E V E H E D I D . I C A N ' T R E M E M B E R
A B O U T T H E E D U C A T I O N , B U T I K N O W A B O U T T H E D E P A R T
M E N T H E D I D .
Q A L L R I G H T . A R O U N D T H E S A M E T I M E H E T A L K E D T O
Y O U A B O U T T R A N S F E R R I N G D I D H E T E L L Y O U T H A T T H E R E
W E R E S O M E S P E C I F I C J O B S T H A T Y O U C O U L D T R A N S F E R T O
I F Y O U W A N T E D T O ?
A H E D I D .
Q W H A T W E R E T H O S E J O B S ?
A U T I L I T Y O P E R A T O R , P R O D U C T I O N A N D R E C E I V I N G A N D
S T O R I N G A N D S H I P P I N G A N D T R A F F I C .
Q N O W , I ' M A S K I N G Y O U W H I C H O N E S H E T O L D Y O U S P E
C I F I C A L L Y T H E R E W E R E V A C A N C I E S I N Y O U C O U L D T R A N S
F E R T O ?
A A T T H A T T I M E W H E R E T H E V A C A N C I E S W E R E ?
Q Y E S .
A A T T H A T T I M E I D O N ' T T H I N K H E E X P L A I N E D T H E R E
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13
14
15
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17
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19
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21
2 2
23
24
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116
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A
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A
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W E R E A N Y V A C A N C I E S .
D I D H E C O M E T O Y O U S H O R T L Y A F T E R T H A T A N D T E L L
Y O U Y O U H A D A C H A N C E T O T R A N S F E R T O O I L E R , S H I P P I
A N D T R A F F I C O R P R O D U C T I O N ?
R I G H T .
W H A T D I D Y O U T E L L H I M ?
I T O L D H I M I D I D N ' T W A N T T H E M B E C A U S E I C O U L D N ' T
C A R R Y MY S E N I O R I T Y .
A L L R I G H T . O N E O F T H E J O B S Y O U W E R E S P E C I F I C A L L Y
O F F E R E D , S H I P P I N G A N D T R A F F I C , W A S T H E J O B Y O U
T A L K E D A B O U T E A R L I E R , O P E R A T I N G T H E F O R K T R U C K ,
T H E O N E Y O U S A I D Y O U W O U L D L I K E T O H A V E , C O R R E C T ?
R I G H T .
A L L R I G H T . N O W , I S I T C O R R E C T T H A T I N T H E W A R E
H O U S E A R E A O U T A T T H E P L A N T T H E R E A R E E M P L O Y E E S
WHO D R I V E F O R K T R U C K S A N D M O V E T H E R U B B E R A W A Y
F R O M T H E E N D O F T H E P R O D U C T I O N L I N E ?
R I G H T .
A N D I S I T C O R R E C T T H A T T H E R E A R E A L S O E M P L O Y E E S
I N T H E S A M E C L A S S I F I C A T I O N WHO D R I V E F O R K T R U C K S
I N A N O T H E R A R E A A N D L O A D R U B B E R I N T H E B O X C A R S ?
T H A T ' S R I G H T .
A N D I S I T C O R R E C T T H A T I N T H E S A M E W A R E H O U S E A R E A
T H E R E A R E S O M E E M P L O Y E E S C L A S S I F I E D A S L A B O R E R S ?
R I G H T .
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4
5
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8
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13
14
15
16
17
13
19
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2 1
2 2
23
24
2 5
117
Q A N D T H E Y D O N O T D R I V E F O R K T R U C K S , I S T H A T R I G H T ?
A T H A T ' S C O R R E C T .
Q T H E Y M O V E M A T E R I A L A N D H E L P P R E P A R E B O X C A R S
F O R L O A D I N G , T H I N G S O F T H I S S O R T ?
A T H A T ’ S R I G H T .
Q A T T H E P R E S E N T T I M E T H E R E A R E S O M E B L A C K E M P L O Y E E S
O P E R A T I N G T H O S E F O R K T R U C K S , A R E T H E R E N O T ?
A T H A T ' S R I G H T .
Q N O W , I S I T Y O U R T E S T I M O N Y T H A T M R . C . L Y O N S A N D
L . B R O W N A T O N E T I M E O P E R A T E D F O R K T R U C K S I N T H A T
S A M E A R E A ?
A T H A T ' S R I G H T .
Q D O Y O U K N O W W H E R E M R . L . B R O W N W O R K S T O D A Y ?
A M R . L E O N A R D B R O W N ?
Q Y E S , S I R .
A W H E R E H E ' S W O R K I N G T O D A Y ?
Q Y E S , S I R .
A H E ' S I N P R O D U C T I O N .
Q I S N ' T I T A F A C T T H A T L E S S T H A N A M O N T H A F T E R H E
W E N T ON T H A T F O R K T R U C K J O B H E T R A N S F E R R E D T O T H E
P R O D U C T I O N D E P A R T M E N T ?
A R I G H T .
Q A N D T H E P R O D U C T I O N D E P A R T M E N T I S O N E T H A T H A S I N
I T S O M E O F T H E H I G H E S T R A T E S I N T H E P L A N T , I S N ' T
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2
3
4
5
6
7
8
9
1 0
11
12
13
14
15
1 6
17
18
1 9
2 0
21
2 2
23
24
2 5
1 1 8
A T H A T ' S R I G H T .
Q N O W , W H E R E I S M R . C . L Y O N S A S S I G N E D T O D A Y ?
A H E I S A S S I G N E D T O P R O D U C T I O N .
Q A L L R I G H T . H E W E N T I N T O P R O D U C T I O N A L S O W I T H I N
A B O U T A M O N T H A F T E R H E F I R S T W E N T ON T H E F O R K
T R U C K J O B , D I D N ' T H E ?
A T H A T ' S A B O U T R I G H T .
Q A L L R I G H T , S I R . A S F A R A S Y O U K N O W M R . L Y O N S A N D
M R . B R O W N A R E B O T H S T I L L I N P R O D U C T I O N ?
A A S F A R A S I K N O W .
Q A L L R I G H T . Y O U T E S T I F I E D A B O U T A N O C C A S I O N W H E R E
Y O U A S K E D T H E U N I O N T O G E T A T E N C E N T R A I S E I N
C R E A S E F O R S O M E B L A C K E M P L O Y E E S A N D Y O U H A V E
T E S T I F I E D A S I U N D E R S T A N D I T T H A T T H E B L A C K E M
P L O Y E E S W E R E T H E N T A K E N O F F T H E F O R K T R U C K S ?
A R I G H T .
Q I S T H A T I T ?
A T H A T ' S R I G H T .
Q W H E N D I D T H A T H A P P E N ?
A A P P R O X I M A T E L Y 1 9 5 1 O R ' 5 2 .
Q A L L R I G H T . W A S T H A T A T A B O U T T H E S A M E T I M E A
C O N T R A C T 1/A S R E N E G O T I A T E D ?
A N O , S I R ; I N T H E M I D D L E O F T H E C O N T R A C T .
Q H A D T H E B L A C K L A B O R E R S B E E N D R I V I N G F O R K T R U C K S
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OFFICI I I. c o r in ' ltKFOHTF.lt
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
1 6
17
18
19
20
2 1
22
23
24
2 5
119
A R I G H T .
Q D I D T H E Y D R I V E T H E F O R K T R U C K S E X C L U S I V E L Y ?
A E V E R Y D A Y .
Q W E R E T H E Y T H E O N L Y O N E S WHO D R O V E T H E F O R K T R U C K S ?
A L O A D I N G T H E R U B B E R W A S T H E O N L Y O N E .
Q D I D T H E W H I T E E M P L O Y E E S D R I V E F O R K T R U C K S A T T H E
S A M E T I M E ?
A R I G H T .
Q A L L R I G H T . W H A T D I D T H E Y D O ?
A P U L L F R O M T H E L I N E , F R O M P R O D U C T I O N T H A T S A T I N
T H E W A R E H O U S E .
Q I S I T C O R R E C T T H E N - - W H A T W A S T H E C L A S S I F I C A T I O N
O F T H O S E W H I T E E M P L O Y E E S A T T H A T T I M E ?
A S H I P P I N G A N D T R A F F I C .
Q T H E S A M E A S T H E I R C L A S S I F I C A T I O N I S T O D A Y ?
A U M - H U M .
Q A T T H A T T I M E A S W E L L A S Y O U R E M E M B E R W A S S H I P P I N G
A N D T R A F F I C A H I G H E R - P A Y I N G J O B T H A N T H E W A R E H O U S E
L A B O R ?
A T H A T ’ S R I G H T .
Q O R I S I T C O R R E C T T H E N T H A T A T T H E T I M E Y O U A R E
T A L K I N G A B O U T A L L O F T H E F O R K T R U C K O P E R A T I O N WA S
G I V E N T O T H E C L A S S I F I C A T I O N W A R E H O U S E M A N A N D
S H I P P I N G ?
A W A R E H O U S E A N D S H I P P I N G O R F O R K L I F T I N G , R I G H T .
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
1 6
17
18
19
20
2 1
22
23
24
2 5
120
Q N O W , T H E W A R E H O U S E M E N A N D T H E S H I P P E R N O T O N L Y
|
D R I V E A F O R K T R U C K , B U T H E K E E P S C E R T A I N R E C O R D S
1
A B O U T T H E R U B B E R T H A T H E H A N D L E S .
A R I G H T .
Q H E W E I G H S I T .
A W E I G H S I T , R I G H T .
Q H E I S R E S P O N S I B L E T O K E E P T H E R U B B E R S E P A R A T E D
C O M I N G F R O M O N E P R O D U C T I O N L I N E T O A N O T H E R , I S N ' T
T H A T C O R R E C T ?
A R I G H T .
Q Y O U H A V E D I F F E R E N T B A T C H E S , S O M E T I M E S R U N D I F F E R
E N T T Y P E R U B B E R , I S T H A T C O R R E C T ?
A R I G H T .
Q A N D H E M A I N T A I N S C E R T A I N P A P E R S - - I ' M N O T S U R E
W H A T T H E Y A R E , B U T T H E Y H A V E T O DO W I T H T H E
W E I G H T O F T H E R U B B E R A N D W H E R E I T I S S T O R E D , I S
T H A T C O R R E C T ?
A T H A T ' S C O R R E C T .
Q A L L R I G H T . L E T ME S E E I F I U N D E R S T A N D Y O U R T E S T I
M O N Y A B O U T M R . MC E L R O Y . A S I U N D E R S T A N D I T H E
I S A W H I T E P E R S O N H I R E D I N T H E L A B O R D E P A R T M E N T
A R O U N D S E P T E M B E R 7, 1965.
A A R O U N D T H E R E .
Q A N D A T T H A T T I M E H E W A S T H E F I R S T A N D O N L Y W H I T E
MA N I N T H E L A B O R D E P A R T M E N T , I S T H A T C O R R E C T , OR
E Y E D ' . Y OV E l i H E C K
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2
3
4
5
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7
8 '
9
10
11
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13
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15
1 6
17
13
1 9
2 0
21
22
23
24
25
12 1
D O Y O U K N O W ?
A I D O N ' T K N O W A B O U T T H E L A B O R D E P A R T M E N T . I D O N ' T
K N O W W H E T H E R H E W A S T H E O N L Y O N E .
Q W H A T W A S H E D O I N G A T T H A T T I M E , DO Y O U K N O W ?
A W H E N ?
Q W H E N H E W A S H I R E D W H A T W A S H I S F I R S T J O B A S S I G N
M E N T ?
A T H A T I D O N ' T K N O W .
Q I S I T Y O U R T E S T I M O N Y T H A T H E W E N T ON T H E F O R K
T R U C K W H E N M R . L Y O N S S T O P P E D D O I N G T H A T W O R K ?
A F O R K T R U C K ? MC E L R O Y ?
Q Y E A H .
A H E N E V E R D R O V E A F O R K T R U C K T O MY K N O W L E D G E .
Q M A Y B E I M I S U N D E R S T O O D . I W A N T E D T O F I N D O U T
W H A T Y O U R T E S T I M O N Y W A S . Y O U M E N T I O N E D M R . L Y O N S
A S I R E C A L L I N C O N N E C T I O N W I T H M R . MC E L R O Y . W A S
T H E R E S O M E C O N N E C T I O N B E T W E E N T H E T W O ?
A T H A T I S W H E N M R . MC E L R O Y T A K E N O V E R T H E J O B
F R O M M R . L Y O N S , W H I C H W A S A T R U C K . H E W A S D R I V
I N G A P I C K U P T R U C K , D E L I V E R Y T R U C K O R P I C K U P
P A R T S . T H A T I S W H E N T H A T H A P P E N E D , M R . MC E L R O Y
A N D M R . L Y O N S .
Q A L L R I G H T . I S O P E R A T I O N O F T H E P I C K U P T R U C K A
J O B T H A T L A B O R E R S H A V E P E R F O R M E D F O R M A N Y Y E A R S ?
A T H A T ' S R I G H T .
( ) V K I t I i K C K
O F h 'IC IM . C O U R T R E P O It T E R
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2
3
4
5
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8
9
10
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12
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14
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1 6
17
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23
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122
Q T H A T H A S B E E N A F U N C T I O N O F T H E L A B O R D E P A R T M E N T ?
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A T H A T ’ S R I G H T .
Q M R . MC E L R O Y A T T H E T I M E Y O U A R E T A L K I N G A B O U T W A S
A M E M B E R O F T H E L A B O R D E P A R T M E N T ?
A T H A T ' S R I G H T .
Q D R A W I N G T H E S A M E R A T E S A S T H E O T H E R M E N I N T H E D E
P A R T M E N T ?
A T H A T ’ S R I G H T .
Q I T I S Y O U R T E S T I M O N Y T H A T M R . L Y O N S H A D B E E N D R I V
I N G T H E T R U C K A N D M R . MC E L R O Y W A S P U T ON T H E J O B ,
I S T H A T T H E S U B S T A N C E O F I T ?
A T H A T I S R I G H T .
Q D O Y O U K NO W HOW L O N G M R . MC E L R O Y R E M A I N E D I N T H E
L A B O R D E P A R T M E N T ?
A I R E A L L Y D O N ' T K N O W . I T H I N K H E M A D E T H R E E A T T E M P T ^
T O M O V E A T O N C E T O T H E H O U S E . T H E Y M O V E D H I M
A G A I N T O F I R E M A N . I ’ M N O T U P ON A L L T H I S , B U T NOW
H E I S A M E C H A N I C .
Q H E B E C A M E A M E C H A N I C T H I S Y E A R A F T E R T H E C O M P A N Y
S T O P P E D U S I N G T H E H I G H S C H O O L A N D T E S T I N G R E Q U I R E
M E N T S , D I D N ' T H E ?
A T H A T ' S R I G H T .
Q P R I O R T O T H A T T I M E H E W A S N O T A B L E T O T R A N S F E R O U T
O F T H E L A B O R D E P A R T M E N T B E C A U S E H E D I D N ' T H A V E
H I G H S C H O O L , I S T H A T C O R R E C T ?
E Y E L Y . X O Y E l i l i E C K
official corrtr uF.rnnnm
- .
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A THAT'S CORRECT.
I
MR. BURCH: ALL RIGHT . I PASS
THE WITNESS.
CROSS EXAMINATION
B Y M R . W H E A T :
Q M R . C H A P M A N , Y O U S A I D Y O U B E C A M E A S T E W A R D D U R I N G
T H E C H I E F S T E W A R D S H I P O F M R . J A C K E . V A U G H A N .
A THAT'S RIGHT.
Q M A Y WE P R E S U M E H E A P P O I N T E D Y O U ?
A HE D ID.
Q H E A P P O I N T E D Y O U T O Y O U R O F F I C E A S S T E W A R D ?
A HE D ID .
Q S I N C E 1 9 6 5 T H E R E H A V E B E E N W H I T E L A B O R E R S I N T H E
L A B O R D E P A R T M E N T , H A V E T H E R E N O T ?
A I DIDN'T UNDERSTAND YOU.
Q S I N C E 1 9 6 5 A T L E A S T T H E R E H A V E B E E N W H I T E E M P L O Y E E S
W O R K I N G I N T H E L A B O R D E P A R T M E N T ?
A THERE HAVE.
Q Y O U W E R E A P P O . N T E D I N 1 9 6 8 , A P P R O X I M A T E L Y ?
A W H E N H E C O M E I N T O S T E W A R D . I D O N ' T K N O W E X A C T L Y .
Q W A S I T A F T E R 1 9 6 5 ?
A S I N C E I W A S A P P O I N T E D ?
Q Y E S , S I R .
A I B E L I E V E IT W A S .
E Y E L Y S O Y E H H E C K
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Q AT THAT TIME THERE WERE WHITE EMPLOYEES WORK J NG
|
IN THE LABOR DEPARTMENT?
A IN MY DEPARTMENT THERE WASN'T. MR. JOHNSON'S DE
PARTMENT THEY WERE.
Q MAYBE WE DON'T - - MAYBE I DON’ T UNDERSTAND WHAT
EXACTLY THE DEPARTMENT YOU WERE WORKING IN.
A LABOR DEPARTMENT IS S P L I T UP IN THREE OR FOUR D I F
FERENT GROUPS. I AM IN THE WAREHOUSE AND SHIPPING
LABOR DEPARTMENT. WE ONLY HAVE ONE WHITE IN THERE,
AND THAT IS ABOUT A YEAR AGO.
Q ALL RIGHT. WAS HE IN THERE AT THE TIME YOU WERE
APPOINTED STEWARD?
A HE WASN'T.
Q HE WASN'T. WERE THERE ANY WHITE EMPLOYEES IN THERE
WHEN YOU WERE APPOINTED STEWARD?
A SURE WERE.
Q DID YOU REPRESENT THEM?
A 100 PER CENT.
Q YOU DID?
A I REALLY DID.
Q ALL RIGHT . COULD MR. VAUGHAN HAVE APPOINTED ONE
OF THEM AS STEWARD?
A I DIDN'T GET YOU.
Q COULD MR. VAUGHAN HAVE SEL ECTED ONE OF THEM AS
E \ E L Y X O Y E R H E C K
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STEWARD?
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A ONE OF THE WHITES?
Q Y E S , S I R .
A WE DIDN’ T HAVE A WHITE IN MY DEPARTMENT AT THAT
TIME .
Q I THOUGHT YOU SAID YOU DID.
A NO, WE D I D N ' T . WE HAD A WHITE IN MY DEPARTMENT
MAYBE A YEAR AGO. THAT'S THE F I R S T WHITE WE HAD
IN MY DEPARTMENT AS A LABORER.
Q YOU'RE TALKING ABOUT WAREHOUSE AND SHIPP ING?
A WAREHOUSE AND SH IPP ING .
Q ALL RIGHT. NOW, AS A STEWARD, MR. CHAPMAN, DID YOU
F I L E GRIEVANCES FROM TIME TO TIME?
A I B E L I E V E WE F I L E D ABOUT FOUR.
Q YOU F I L E D ABOUT FOUR. ON WHOSE BEHALF WERE THEY
F I LED?
A ON THE WHOLE ENTIRE 1400 SHIPPING DEPARTMENT.
Q MAY WE PRESUME FROM THAT IT WAS A GROUP GRIEVANCE
AND NOT ON BEHALF OF SOME PARTICULAR PERSON?
A WE F I L E D SOME GROUP AND SOME PARTICULAR PERSONS.
Q YOU F I L E D THOSE YOURSELF?
A I D ID.
Q YOU MENTIONED THAT YOU DIDN'T KNOW WHEN STEWARDS'
MEETINGS TOOK PLACE.
A I REALLY D I D N 'T .
Q DO YOU KNOW WHETHER OR NOT THEY TOOK PLACE AT ALL?
’E Y E L Y S T)V i . l W E C K
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A I REALLY DON’ T. I SURE DON’ T.
Q DID YOU ASK ANYONE WHEN THE STEWARDS’ MEETINGS
WERE?
A WELL, THE FACT OF THE B U SI N ES S , I REALLY DIDN’ T
BECAUSE I D IDN'T KNOW THEY HAD SUCH A THING AS A
STEWARD MEETING. THAT'S HOW MUCH IN THE DARK THEY
KEPT US.
Q WELL THEN, WHEN DID YOU F I R S T LEARN THAT YOU HAD
THE ATTENDED STEWARDS’ MEETINGS? WHEN DID YOU
F I R S T LEARN THERE HAD BEEN SOME STEWARDS' MEETINGS?
A WHEN I WERE ASKING MR. JOHNSON.
Q THAT IS THE F I R S T YOU KNEW ABOUT I T ?
A THAT IS HOW FAR THEY KEPT US BACK.
Q YOU DIDN'T ASK ANYBODY WHEN THEY WERE?
A I DIDN'T KNOW THERE WAS SUCH A THING.
Q DID YOU KNOW THE OTHER BLACK STEWARDS?
A WELL, THE ONE - - I D IDN’ T COMMUNICATE WITH HIM IN
THE PRODUCTION.
Q YOU DIDN'T HAVE ANY CONTACT WITH THE OTHER BLACK
STEWARDS IN THEFEST OF THE PLANT?
A I D IDN’ T HAVE TIME.
Q WERE YOU WORKING TOO HARD?
A THAT IS TRUE.
THE COURT: MR. WHEAT, LET
ME ASK YOU AT THIS POINT TO HELP THE COURT
_____________________________________________________________ j
E V E L Y N O V E N H E C K
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A L I T T L E B I T . I THOUGHT THAT I HAD
A GRIP ON THE FACTS AS TO THE D I V I S I O N S ,
BUT APPARENTLY WITHIN LABOR THERE ARE
SUBD IV IS IONS AND I AM A L I T T L E CONCERNED
ABOUT I T .
MR. WHEAT: YOUR HONOR, I WILL
ATTEMPT TO CLARI FY IT THROUGH THIS WIT
NESS AND I AM NOT TOO CLEAR MYSELF ON
EXACTLY WHAT THE D I V IS IO N S ARE WITHIN THE
LABOR D I V I S I O N S .
MR. BURCH: YOUR HONOR, I F I
MIGHT, I DON'T B E L I E V E THE CONTRACT IS
IN EVIDENCE YET BUT IT HAS A L I S T OF THE
VARIOUS GROUPS I F IT MIGHT BE HELPFUL . IS
THAT ONE OF YOUR E X H I B I T S ?
MRS. MC DONALD: Y E S , IT I S ,
BUT THE PROBLEM, THERE IS ONE LABOR DE
PARTMENT BUT THE LABORERS WITHIN THE
LABOR DEPARTMENT ARE ASSIGNED WITHIN
DIF F ER E NT AREAS.
THE COURT: I AM HAVING A L I T T L
D I F F I C U L T Y FOLLOWING WHAT HAPPENS WITHIN
THE LABOR DEPARTMENT. THIS WITNESS MIGHT
PERHAPS BE ONE WHO COULD CLEAR I T UP.
MR. WHEAT: YOUR HONOR, I F I
~ E \ ’ E E ) A' 7J\ E K E E C K
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MIGHT SUGGEST, I F WE COULD COVER THE
CONTRACT INTRODUCED, WE COULD REFER TO
I T .
THE COURT: ALL RIGHT.
MR. BURCH: I T IS IN EVIDENCE
AS P L A I N T I F F ' S E X H I B I T 9 , AND ALL THE
JOB C L A S S I F I C A T I O N S ARE L I S T E D ON PAGE
59, I F I MIGHT ASK IT BE HANDED TO THE
COURT.
THE COURT: WELL, I T IS SOME
THING L I K E GOING TO A BASEBALL GAME. I T ' S
NICE TO KNOW THE NAMES AND THE NUMBERS OF
ALL THE PLAYERS , AND RIGHT NOW I 'M HAVING
A L I T T L E D I F F I C U L T Y SO THIS WILL HELP.
MR. BURCH: WE MIGHT MAKE A
B R I E F EXPLANATION. .ON PAGE 59 , ALTHOUGH
THERE IS NOT A T I T L E OVER ALL OF THOSE
JOBS , ALL OF THOSE CL A S S I F I C A T I O N S ARE
IN THE SO-CALLED PRODUCTION DEPARTMENT.
THE COURT: I S E E .
MR. BURCH: THEN ON PAGE 60, A L .
OF THE BOLD FACE T I T L E , SUCH AS U T I L I T Y
DEPARTMENT, SHIPPING AND T R A F F I C , THOSE
ARE T I T L E S OF THE DEPARTMENTAL SENIORITY
GROUPS. THE SAME IS TRUE OF THE LABOR
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DEPARTMENT, FOR EXAMPLE.
I
THE COURT: ALL R IGHT . THANK
1
YOU.
Q (MR. WHEAT) MR. CHAPMAN, LET ME SHOW YOU WHAT HAS
BEEN RE CE IVED IN EVIDENCE AS P L A I N T I F F ' S E X H I B IT
NO. 9 , PAGE 6 0 , WHERE THERE IS A BOLD TYPE R E F E R
ENCE TO LABOR DEPARTMENT. WHICH OF THOSE C L A S S I F I
CATIONS WERE YOU IN WHEN YOU WERE A STEWARD?
A WAREHOUSE.
Q WAREHOUSE LABOR? ALL R IGHT . IS THE LABOR DEPART
MENT IN FACT, MR. CHAPMAN, BROKEN UP INTO THESE
SEVERAL CATEGORIES L I S T E D ON PAGE 60?
A IS IT BROKEN UP?
Q IS IT D IV IDED INTO THESE SEVERAL CATEGORIES?
A Y E S , S I R . IT I S .
Q ALL R IGHT . DOES THAT MEAN THAT YOU WORK IN D I F
FERENT AREAS?
A RIGHT.
Q BUT NONETHELESS YOU WERE IN THE LABOR DEPARTMENT,
EVEN THOUGH YOU ARE C L A S S I F I E D IN WAREHOUSE LABOR?
A THAT'S RIGHT. I
Q ALL RIGHT. WHEN YOU SAY THAT THERE WERE AT THE
TIME YOU WERE A STEWARD NO WHITE EMPLOYEES IN THAT
DEPARTMENT OR D I V I S I O N , YOU MEAN THAT THERE WERE
NO WHITE EMPLOYEES AT THAT TIME THAT WERE
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O F F I C I A L c o u n t n u r o i i T K i t
2 l i U
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A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
C L A S S I F I E D IN WAREHOUSE LABOR?
THAT IS TRUE. 1
1
ALL RIGHT.
WHEN I WAS APPOINTED STEWARD THERE WASN’ T.
SOME OF THEM CAME IN AFTER YOU WERE STEWARD?
THAT’ S RIGHT. DALE SMITH.
WAS I T YOUR R E S P O N S I B I L I T Y TO REPRESENT THEM AS
STEWARD?
THAT'S RIGHT.
WERE YOU APPOINTED STEWARD ONCE OR MORE THAN ONCE?
ONCE, JUST ONE TIME.
THEN YOU RES IGNED, YOU WITHDREW FROM THE UNION?
THAT’ S RIGHT.
NOW, YOU T E S T I F I E D THAT EVERYTHING THAT YOU WANTED
THE UNION TO DO, THE UNION TURNED YOU DOWN ON?
THAT IS TRUE.
CAN YOU GIVE US SOME S P E C I F I C EXAMPLES OF THAT,
MR. CHAPMAN? WHAT DID THE UNION DENY YOU THAT
YOU SOUGHT?
WELL, NO. 1, THEY DENIED C L A S S I F I C A T I O N , NO. 1.
NOW, EXPLAIN WHAT YOU MEAN BY THAT.
WELL, MY LAST PROPOSAL I PROPOSED WAS A C L A S S I F I C A
TION IN THE 1400 . WE HAD 1400 AND I ASKED FOR
C L A S S I F I C A T I O N IN THE WAREHOUSE AS THE SAME THING
AS THE FORK TRUCK, AND THE C H IE F STEWARD VOTED IT
~ E Y E L Y S m 'E l i H E <' l<
O F F I C I A L CO C U T H F F O K T h I !
- i t <*.
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DOWN. HE MADE A SPEECH TO PRODUCTION TO VOTE
AGAINST I T , AND THEY D ID. THEY VOTED I T DOWN.
ALSO - -
Q WHO ARE YOU TALKING ABOUT WHEN YOU SAY VOTED?
A WELL, THE WHOLE PRODUCTION 347 VOTED IT DOWN. THE
CH IE FS DO I T . HE ASKED THEM WOULD THEY DO THAT.
Q I 'M SORRY TO INTERRUPT YOU, BUT IT WAS PUT TO A
VOTE BEFORE THE EMPLOYEES WHO WOULD BE INVOLVED AND
AFFECTED BY I T , IS THAT CORRECT?
A ALL PROPOSED THEY HAVE THE MEETING ON I T , AND THEN
THE WHOLE ENTIRE COMPANY VOTED ON I T . WHEN MY
PROPOSAL COME UP C H IE F STEWARD GOT UP AND MADE A
SPEECH THAT I T WERE WRONG, AND I LOST THE VOTE.
Q THEY VOTED AND THE MAJORITY OF THE EMPLOYEES VOTED
AGAINST I T , I GATHER?
A RIGHT .
Q WHEN THE C H I E F STEWARD MADE THE SPEECH THAT YOU RE
FER TO WHAT REASONS DID HE G I VE FOR OPPOSING YOUR
PROPOSAL?
A THAT WE WOULD GET THE SAME AMOUNT OF PAY THAT THE
FORK TRUCK DRIVERS DRAW. 95 PER CENT OF THE FORK
TRUCK DRIVERS ARE WHITE.
Q LET ME SEE I F I UNDERSTAND.
A THAT WAY WE*D BE DRAWING THE SAME PAY AS THE FORK
IH V KLY A o v f f h j a 'K
TRUCK DRIVER .
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132
Q YOU ARE SAYING IT WAS HIS POSITION I F YOUR PRO
POSAL WERE ACCEPTED THAT IT WOULD CAUSE THE FORK
TRUCK DRIVERS TO LOSE MONEY?
A NOT LOSE MONEY.
Q WHAT ARE YOU SAYING?
A I T WOULD CAUSE US TO MAKE AS MUCH MONEY AS THE
FORK TRUCK OPERATOR, WHICH HE DIDN'T THINK WERE
RIGHT .
Q HE WAS OPPOSED TO YOU MAKING AS MUCH MONEY AS A
FORK TRUCK DRIVER?
A THAT'S RIGHT.
Q WHO WAS THE CH IE F STEWARD?
A BEN HARRISON.
Q AND WHEN WAS T H I S?
A THE LAST CONTRACT, I B E L I E V E - - WAS IT ' 7 0 ?
Q Y E S , S I R ; IT WAS. IS THAT WHEN IT TOOK PLACE?
A THAT IS WHEN IT WAS.
Q AND IT WAS DURING MEETINGS PRIOR TO CONTRACT NEGO
T I AT IO N S?
A ALL MEETINGS THEY HAD, S P E C I A L MEETING FOR PROPOSA
TO ACCEPT PROPOSALS OR R EJ EC T I T .
Q WHAT WAS YOUR JOB C L A S S I F I C A T I O N THEN?
A I WAS A LABORER LEADMAN.
Q HOW DID YOUR PAY COMPARE AT THAT TIME TO THE FORK
K V IC L Y X <)\' i :i\lil 'X'K
O b ' F K ' I M ('Ol I fT I fF I 'O l fT K I f
2 1 3 a .
L I F T DRIVER?
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A I B E L I E V E IT WAS 32 CENTS AN HOUR.
Q MORE OR L E S S ?
A MY PAY WAS 32 CENTS AN HOUR LESS THAN THE FORK
TRUCK OPERATOR - - CORRECTION, 22 CENTS AN HOUR.
I MEAN, 42 CENTS AN HOUR L E S S .
Q WAS THE WAGE INCREASE SOUGHT AND OBTAINED FOR THE
C L A S S I F I C A T I O N THAT YOU WERE IN?
A I T WAS INCREASED 10 CENTS.
Q INCREASED 10 CENTS?
A TEN CENTS, I B E L I E V E .
Q ALL R IGHT . YOU MENTIONED THIS AS AN EXAMPLE OF
SOMETHING THE UNION WOULD NOT DO THAT YOU WANTED
THEM TO DO. CAN YOU GIVE US ANY OTHER EXAMPLES?
A R IGHT. I F I L E D A GRIEVANCE - - MR. VAUGHAN WAS THE
CH IE F STEWARD - - ON THE SAME THING THAT PRODUCTION
WAS, THE SAME PERFORMING OF THE SAME DUTIES THEY
WERE DOING. THE COMPANY ANSWERED THAT PRODUCTION
WAS TRAINED FOR BEING OPERATORS, THAT WE DIDN'T HAVE
THE R E S P O N S I B I L I T Y AND THEY DID.
I ASKED MR. VAUGHAN WHAT DID THEY THINK
ABOUT I T . HE SAID THEY THOUGHT THE SAME THING, AND
ALSO MR. TEAGUE SAID MR. VAUGHAN SHOULDN'T HAVE
SIGNED THE GRIEVANCE.
Q SHOULDN'T HAVE WHAT?
A SAID HE SHOULDN'T HAVE SIGNED THE GRIEVANCE I FILED].
e v e l y .x o \ i : i ; i : i : < ’K
O F F K ' I M . CO V H T U K I ’DHTKH
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134
Q DID HE GIVE A REASON?
A NO.
Q WHEN WAS THI S?
A THAT WAS ' 6 0 .
Q ’ 60?
A *68.
Q * 68?
A RI GHT.
Q WHAT MONTH?
A THE MONTH I DON' T KNOW. I HAVE THE AGREEMENT AT
HOME .
Q CAN YOU GIVE US ANY OTHER OCCASIONS OR EXAMPLES
WHEN THE UNION D i D N ' T DO SOMETHING THAT YOU WANTED
THEM TO DO?
A YES , S I R .
Q ALL RI GHT.
A IN THE TIME THAT I ASKED THEM TO HELP ME F I L E A
DI SCRI MI NATI NG AGREEMENT BETWEEN THE SUPERVISOR IN
THE BLACKS AND THE WHITES. I WANTED TWO MONTHS.
AFTER I F I L E D THE AGREEMENT CHI EF STEWARD SAID I
WAS WRONG TO F I L E THE AGREEMENT, THAT I WAS S T I L L
TRYING TO HURT THE WHITE PEOPLE .
Q WHO WAS THAT?
A MR. BEN HARRI S.
HE TOLD YOU YOU WERE TRYING TO HURT THE WHITES?
E V K I A ' X <)V ~Kl< Ti l-X' K
o f f k'IM. i'oi’k t i<r:n<>HTi:R
[;><*-
Q
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A YES .
Q WHICH ONES?
A THE FORK TRUCK OPERATORS AND THE LABORERS AND
SHIPPING HAVE THE SAME BOSS AND WORKS TOGETHER.
Q ALL RIGHT. AND MR. HARRISON TOLD YOU YOU WERE
TRYING TO HURT THE FORK L I F T DRIVERS?
A YES .
Q DID HE SAY THE WHITES OR THE FORK L I F T DRIVERS?
A HE SAID THE FORK L I F T DR IVE RS . 95 PER CENT ARE
WHITE. HE SAID THEY DESERVE TO QUIT AT 2 :3 0 I F
THE SUPERVISOR REQUIRED THEM TO.
Q WELL NOW, LET ME MAKE SURE WE UNDERSTAND. DID HE
SAY THAT YOU WERE TRYING TO HURT THE WHITE EM
PLOYEES OR THE WHITE FORK L I F T DRIVERS OR THE FORK
L I F T DRIVERS?
A HE SAID FORK L I F T DRIVER S .
Q HE DIDN'T USE THE WORD "WHITE"?
A HE D IDN’ T USE THE WORD WHITE, BECAUSE, S E E , YOU HAV
95 PER CENT OF FORK L I F T DRIVERS WERE WHITE.
Q THAT IS WHAT YOU MEAN WHEN YOU SAID HE ACCUSED YOU
THEN OF TRYING TO HURT THE WHITES?
A RIGHT.
Q IS I T TRUE THAT THERE ARE APPROXIMATELY 500 MEMBERS
IN THE UNION THAT ARE BLACK?
THAT I COULDN'T ANSWER. * *
E V E L Y N O V E K W i C K
OFFirlM. rOVUT HKFOHTEK t) | /•'
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A
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Q I T ’ S NOT TRUE.
A 50 0?
Q 500 MEMBERS IN THE UNION.
A ARE BLACK?
Q ENGINEERS LOCAL 347 , THE UNION THAT IS HERE TODAY,
IS I T NOT TRUE THERE ARE ABOUT 500 BLACK MEMBERS
IN THAT UNION?
A I COULDN’ T ANSWER.
Q HAVE YOU EVER BEEN TO A MEETING?
A COMPANY UNION MEETING.
Q WERE THERE BLACK MEMBERS THERE?
A RIGHT.
Q YOU SAID THAT THERE ARE NO BLACK REPRESENTATIVES
ON THE EXEC UTIVE BOARD OF THE UNION.
A EXECUTIVE BOARD OF GOODYEAR.
Q EXECUTIVE BOARD OF THE UNION HERE, ENGINEERS 347.
A I THOUGHT YOU MEANT AT GOODYEAR. I WOULDN’ T KNOW
THAT.
Q IS THAT WHAT YOU THOUGHT MRS. MC DONALD MEANT WHEN
SHE ASKED YOU?
A THAT IS WHAT I THOUGHT SHE MEANT.
Q DO YOU KNOW OR UNDERSTAND, MR. CHAPMAN, THAT THE
UNION HERE HAS MEMBERS THAT ARE IN MANY, MANY
PLANTS OTHER THAN GOODYEAR?
WELL, THAT I DON'T KNOW, WHETHER THERE IS ANY COLOR
E Y l h . Y X O Y E E E E C K
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2 s
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Q
A
Q
A
Q
A
Q
A
Q
A
Q
A
Q
ON THE EXEC UTIVE BOARDS. I DON’ T KNOW.
ALL OF YOU WERE SAYING THEN THERE WASN’ T ANY EM
PLOYEES AT GOODYEAR?
R I G H T .
WHO WERE BOTH BLACK AND ON THE EXECUTIVE BOARD OF
THE UNION?
RIGHT.
DID YOU KNOW A MR.BETHEL PARKER, OR DO YOU KNOW
HIM?
SURE DO.
HE IS BLACK, IS HE NOT?
RIGHT .
IS HE NOT ON THE EXECUTIVE BOARD OR ALTERNATE OF
THE EXECUTIVE BOARD TO THE UNION?
I F HE IS I DON'T KNOW ANYTHING ABOUT I T .
ALL RIGHT. IS I T NOT TRUE THAT APPROXIMATELY 25
PER CENT OF THE MEMBERSHIP OF THE UNION IS BLACK?
THAT I DON’ T KNOW.
ALL RIGHT.
MR. WHEAT: THAT IS A L L .
THE COURT: MRS. MC DONALD.
MRS. MC DONALD: JUST A COUPLE
OF QUESTIONS.
A T E L Y S . ()\ i:UHl'X'K
O F F IC IA L C O l iR T R E C O H T E K
JLSo-
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r e d i r e c t e x a m i n a t i o n
BY MRS. MC DONALD:
Q MR. CHAPMAN, REFERRING TO THE JOB C L A S S I F I C A T I O N
WAREHOUSEMAN SH I P P E R , PRESENTLY IN THE SHIPPING
AND T R A F F I C , THE LAWYER FOR THE COMPANY ASKED YOU
QUESTIONS ABOUT WHAT THEY DO, IS THAT CORRECT?
R I G H T .
SOME DO OTHER DUTIES AND SOME WEIGH.
R IGHT .
ARE THERE SOME WAREHOUSEMEN AND SHIPPERS WHO
PRESENTLY DO NOTHING BUT WORK THE FORK L I F T UNLOAD
ING AS YOU DID FOR TEN YEARS AS A LABORER?
THAT'S RIGHT.
OKAY .
ONLY LOADS. I BEEN INTENDING TO ASK HIM THAT.
THERE ARE SOME THEN WHO DO NOTHING ALL DAY LONG BUT
LOAD AND UNLOAD, IS THAT RIGHT?
THAT'S RIGHT.
I GATHER THEN THAT - - HAVE YOU WORKED ALWAYS IN
WAREHOUSE LABOR?
SURE HAVE.
so WHEN WAS THE F I R S T TIME THAT A WHITE PERSON WAS
EMPLOYED IN WAREHOUSE LABOR?
WAREHOUSE LABOR, D E F I N I T E L Y THE CORRECT DATE, ABOUT
A YEAR, ABOUT TWO YEARS AGO.
E V E L Y N UVL UIU'A 'K
O F F ! ( '1 I /, r i l l F T H E F O U T H K
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139
Q WAS IT AFTER YOU WERE APPOINTED STEWARD?
A AFTER I WERE APPOINTED STEWARD, RIGHT.
Q WHEN WERE YOU APPOINTED STEWARD?
A 1968.
Q OKAY. THE JOB THAT MR. LYONS HAD THAT MR. MC ELRO'l
WAS PLACED ON, WOULD YOU CONSIDER THAT TO BE ONE
OF THE MORE DES IRABLE JOBS WITHIN THE LABOR DE
PARTMENT?
A Y E S , MA'AM.
Q WHY IS THAT SO?
A WELL, I T ' S IN S ID E JOB AND YOU JUST DRIVE A TRUCK
AND UNLOAD IN THE R ECE IV ING AND HELP OUT WITH A
LOT OF D I FF ERE NT THINGS.
Q YOU T E S T I F I E D IN RESPONSE TO A QUESTION FROM THE
COMPANY THAT MR. MC ELROY HAD BEEN TRANSFERRED
OUT OF THE LABOR DEPARTMENT SEVERAL TIMES AND HAD
RETURNED.
A Y E S , MA'AM.
Q MR. MC ELROY YOU SAID YOU B EL IE V ED WAS EMPLOYED
ABOUT IN 1965, IS THAT YOUR TESTIMONY?
A YES .
Q WAS MR. MC ELROY TRANSFERRED OUT OF THE LABOR DE
PARTMENT THEN AHEAD OF OR BEFORE BLACKS WHO HAD
GREATER D I V I S I O N AND PLANT SEN IORITY THAN HIM?
A Y ES , MA'AM.
KYJ /TX <T\ i 'KIUX'K
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Q AND YOU KNOW AT LEAST TWO TIMES HE WAS TRANSFER
RED OUT AND THEN CAME BACK?
A Y E S , MA’ AM. ;
Q WHAT DOES A WAREHOUSE LABORER DO?
A WAREHOUSE LABORER?
Q WHAT DOES HE DO NOW?
A WELL, CLEAN CARS, SEE THE ROLLS BE READY FOR
SH IP P I NG, PUT RELEASE ST I CKE RS ON. ALSO, SEE THAT
THE CAR IS BEING S E mLED PROPERLY AND SEE THAT MOST
OF THE T IC K ET S HAVE BEEN PULLED AND CHECKED AND
CARRIED TO THE O F F I C E TO CHECK THE RUBBER OUT AND
S T E N C I L RUBBER AND BOX RUBBER.
Q NOW, DO THEY WORK, DO WAREHOUSE LABORERS WORK
CLOSELY WITH THE WAREHOUSEMEN AND SHIPPER WHO IS
IN SHIPPING AND T R A F F I C ?
A Y E S , MA’ AM.
Q HAVE YOU EVER KNOWN OF PERSONS C L A S S I F I E D AS WARE
HOUSE LABORER TO BE REQUIRED TO DO SOME OF THE
BATCHING THAT YOU REFERRED TO?
A BATCH UP?
Q WHAT IS THE JOB FUNCTION YOU SAID ABOUT WRAPPING,
SOMETHING THAT IS S IMILAR TO THE BALER HELPER?
A OH, S T E N C I L L I N G .
Q WHAT ARE THEY S T E N C I L L I N G ?
A THEY ST EN C I L RUBBER, AND WE S T EN C I L RUBBER.
_________, 14 0
E Y E L Y X o V K l t i m ' K
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19 1
MAY I SAY T H I S , THEY HAVE A MUTUAL
AGREEMENT MOST ANY DUTIES PERFORMED IN PRODUCTION
WE MOSTLY PERFORM IT IN THE WAREHOUSE. THEY CAN'T
COME TO THE WAREHOUSE AND DO I T , WE CAN'T GO IN
PRODUCTION. THE SAME IDENTICAL THING.
Q WHAT THE BALER HELPER DOES,YOU B E L I E V E IS THE SAME
TO WHAT A WAREHOUSE LABORER DOES?
A S T E N C I L RUBBER, SACK RUBBER, BOX RUBBER. WE DO
ALL THAT.
Q WHAT DOES A BALER HELPER DO TO THE BEST OF YOUR
KNOWLEDGE?
A WELL, TO THE BEST OF MY KNOWLEDGE I T ' S THE SAME
THING, BUT THE ONLY D IFF ERE NCE I WOULD SEE WOULD
BE SEWEING SACKS.
Q THIS INCREASE OF 10 CENTS THAT YOU T E S T I F I E D WAS
RECENTLY RECE IVED BEFORE BY THE WAREHOUSE LABORER,
WAS THAT ACROSS THE BOARD INCREASE , DID EVERYONE
IN THE PLANT GET A 10 CENT INCREASE?
A YOU MEAN THE 10 CENTS INCREASE WAS GIVEN TO ME IN
1970 ?
Q Y E S , I B E L I E V E - -
A THAT WAS LABOR LEADMAN'S INCREASE. THAT IS ONLY
ONE MAN OR TWO.
Q NOW, AT THE DEFENDANT COMPANY'S PLANT IN HOUSTON
THERE ARE NOT 500 BLACK PERSONS EMPLOYED, ARE THERE
______________ ___________________________________ _________________________________________________1
E V E L Y N O V E l i H E C K
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TO YOUR KNOWLEDGE?
A 500?
Q YES .
A NO , MA'AM, TO MY KNOWLEDGE.
SO THERE COULDN'T BE 500 BLACK PERSONS AT GOODYEAR
AT ITS HOUSTON PLANT WHO ARE MEMBERS OF THE UNION,
I S N ’ T THAT SO?
A THAT IS SO. THAT IS TRUE.
MRS. MC DONALD: NOTHING FUR
THER, YOUR HONOR.
THE COURT: MR. BURCH.
RECROSS EXAMINATION
BY MR. BURCH:
Q MR. CHAPMAN, LET ME ASK YOU F I R S T ABOUT THE WARE
HOUSE AND SHIPPER JOB THAT INVOLVES DRIVING A
FORK TRUCK. I B E L I E V E YOU AGREED E A RL IE R THAT
SOME OF THE PARKED TRUCKS ARE OPERATED NEAR THE END
OF THE PRODUCTION L INE AND OTHERS ARE OPERATED E L S E
WHERE IN THE WAREHOUSE, LOADING BOX CARS.
A RIGHT.
Q I S N ' T IT CORRECT THAT THE MEN WHO WORKED IN THOSE
TWO AREAS NOT ONLY ARE THE SAME JOB C L A S S I F I C A T I O N
BUT THEY PER IOD ICAL LY ROTATE FROM ONE OF THOSE
AREAS TO THE OTHER?
__ _____ ______________ ___________________ _________
FA E L ) A O V E I i l i E C K
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ROTATE ONE AREA TO THE OTHER EVER SO MANY DAYS,
BUT THAT STARTED IN 1956 WHEN THAT ROTATING - - THE
'56 OR * 5 7 THE ROTATING STARTED. FROM 19 52 THEY
WAS ONLY LOADING STRAIGHT DAYS ONLY.
AT THE PRESENT TIME THE SAME MEN IN THE SAME
C L A S S I F I C A T I O N DO BOTH PARTS OF THE WORK?
AT THE PRESENT TIME?
Y E S , S I R .
CERTAINLY . SURE, Y E S .
ALL RIGHT. WHEN YOU TALKED ABOUT MR. MC ELROY YOU
ANSWERED A RATHER GENERAL QUESTION THAT HE WAS
TRANSFERRED OUT BEFORE BLACKS. DO YOU KNOW THAT
HE WAS TRANSFERRED OUT BEFORE BLACKS WHO APPL IED
FOR A TRANSFER?
I WILL MAKE THIS ABOUT THE TRANSFERRING THE BLACKS:
I DIDN'T KNOW YOU HAVE TO MAKE APPLICATION FOR
TRANSFER UNTIL THREE WEEKS AGO. THE COMPANY DID NO
EXPLAIN THAT TO US.
YOU KNEW THAT BLACKS HAD TRANSFERRED OUT AS LONG
AGO AS 1962, OUT OF LABOR?
1962 - - I REALLY DON'T KNOW ABOUT THAT PRIOR TO
1962 .
AT LEAST AS EARLY AS 1962.
I REALLY DON'T KNOW ABOUT THAT.
DO YOU KNOW ANY OF THE BLACKS BY NAME THAT WORK
H V L ' L Y X O Y El i H E C K
O F F I C I A L CO V H T l: I I ‘OUT F it
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IN PRODUCTION?
BY NAME - - SURE DO.
Q DO YOU KNOW ALL OF THEM BY NAME?
A SURE DON'T.
DO YOU KNOW WHETHER OR NOT SOME OF THEM HAVE WORKED
THERE SINCE 1962?
WORKED IN THE BALING ROOM S INCE 1962 - - SURE DO,
SOME OF THEM.
ALL RIGHT , S I R . NOW, LET ME ASK YOU ABOUT LABOR
ERS DOING ST E N C I L L I N G WORK AND SACKING AND BOXING
RUBBER. IS I T CORRECT THAT THE BALER HE LPER , THE
MAN WHO IS ASSIGNED TO THE PRODUCTION DEPARTMENT,
STANDS UP ON KIND OF A PLATFORM AT THE END OF THE
PRODUCTION L INE AND FOR MOST OF HIS WORK SHIFT
CATCHES BALES OF RUBBER COMING OFF THE L INE AND
PUTS THEM IN A BOX?
A Y E S , HE DO.
Q AND IN THIS PROCESS THEY GO THROUGH A MACHINE THAT
SEALS THEM IN E ITHER A PL A S T IC SACK OR A PAPER SACK
I S N ' T THAT TRUE?
A THEY SURE DO.
Q WHEN, FOR EXAMPLE, THE Y 'RE GOING IN PAPER SACKS HE
WILL SPEND MOST OF HIS S H I FT SEWING THOSE SACKS UP?
A YES
Q NOW
lA'i:i.) A OYKlUiKCK
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UNDER WHAT KIND OF CIRCUMSTANCES?
A WE HAVE FORM SACK FOR BOXING RUBBER FOR SOME TIMES
FOUR SHIFT S AND WE HAVE SACK RUBBER FOUR S H I F T S .
WE HAVE S T E N C I L RUBBER MOST ALL DAY.
Q DO WAREHOUSE LABORERS S T E N C I L RUBBER, L E T ' S SAY,
DURING THE PAST YEAR ALL DAY LONG?
A ALL DAY LONG.
Q YEAH.
A I THINK AFOUT SEVEN HOURS YESTERDAY I S T E N C I L L E D .
Q WHERE WAS IT DONE AND WHY WAS THIS BEING DONE BY
THE WAREHOUSE LABORERS, I F YOU KNOW?
A WELL, L I K E I SA I D , THEY GOT A MUTUAL AGREEMENT THAT
PRODUCTION CANNOT COME IN THE WAREHOUSE WHEN THEY
ARE S T EN C I L L I N G THE RUBBER, THE WAREHOUSE LABOR.
Q THAT HAS BEEN TRUE FOR A LONG T IME , I S N ’ T I T ?
A RIGHT.
Q ALL RIGHT. MOST OF THE SACKING AND BOXING OF
RUBBER THAT WAREHOUSE LABORERS HAVE DONE FOR A
SUBSTANTIAL PERIOD OF TIME HAS BEEN WHEN THIS HAS
BEEN S P I L L E D AND IT WAS NECESSARY TO PICK IT UP
AND SACK IT AND RE-BOX I T ?
A L A T E L Y , YOU MEAN?
Q YES .
A L A T E L Y , Y ES .
MR. BURCH: THAT IS ALL I HAVE.
145
EVELYN O VEIWFA'K
O F F I C I A L c o r i n ' K K I ’OK T K K
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146
THANK YOU.
THE COURT: ALL RIGHT. YOU
MAY STEP DOWN.
THE COURT: WE WILL TAKE A F I F T E E N -
MINUTE RECESS AT THIS TIME.
(SHORT
THE COURT: CALL
R E C E S S . )
YOUR NEXT WITNESS.
LONNIE BROWN,
WITNESS CALLED BY AND IN BEHALF OF P L A I N T I F F , HAVING
BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D AS
FOLLOWS:
DI RECT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, PL EA S E .
A LONNIE BROWN.
Q MR. BROWN, WHAT IS YOUR RACE?
A BLACK.
Q OKAY. ARE YOU EMPLOYED AT THE GOODYEAR PLANT IN
HOUSTON?
A I AM.
Q HOW LONG HAVE YOU BEEN EMPLOYEE?
E V E L Y N 01 Eh'HIE 7\
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A WELL, I THINK MY SENIORITY IS FROM *5 1 . I F I R S T
WENT IN IN ‘ 50 AND L E F T , SO IT SET ME BACK A YEAR,
I
SO I T ' S ' 5 1 .
HAS THAT BEEN AUGUST 8TH OF '51 SINCE YOU RETURNED?
A THAT'S RIGHT.
Q NOW, IN WHAT DEPARTMENT WERE YOU EMPLOYED WHEN YOU
WERE HIRED?
A WELL, WHEN I WAS HIRED I HIRED INTO THE LABOR DE
PARTMENT, WHICH IS 1911 NOW, BUT AT THAT TIME I
B E L I E V E EIGHT HUNDRED SOMETHING, BUT NOW I T ' S DE
PARTMENT 1911.
Q THAT IS THE LABOR DEPARTMENT?
A ON THE OTHER S I D E OF THE ROAD, YOU MIGHT SAY.
Q WHAT JOB WERE YOU F I R S T PUT IN WHEN YOU WERE HIRED?
A WELL, I WORKED THE SOAP HOPPER.
Q SOAP WHAT?
A SOAP HOPPER, DUMPING SOAP FOR OPERATORS TO MAKE I T .
THEY DUMP THE HOPPER FULL OF SOAP FOR THE LATEX.
Q HAVE YOU EVER TAKEN THE TESTS THAT THE COMPANY HAS
BEEN USING?
A HAVE I EVER TAKEN THE T E ST S ?
Q HAVE YOU EVER TAKEN THEM?
A Y E S , S I R . I TOOK THE T E S T S .
Q WHEN DID YOU F I R S T TAKE THE T E S T S , I F YOU RECALL?
A WELL, I TOOK THE TESTS WHEN THEY BROUGHT IT DOWN
T;vi:l y .\ u y e h h e c k
H F h 'IC IM I'O l'ItT K K I ‘nH TK H
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TO WHERE I COULD TAKE I T . IT HAD TO BE IN *68.
WHAT IS YOUR EDUCATIONAL GRADE?
TENTH GRADE.
TENTH GRADE?
YES .
WHEN WAS IT REDUCED?
THAT IS WHEN I HAD THE CHANCE TO TAKE I T .
DID YOU SPEAK WITH A PERSON IN PERSONNEL AFTER YOU
TOOK THE TEST?
THE PERSON IN PERSONNEL AFTER I TOOK THE TEST?
YES .
I TOOK THE TEST ONE MORNING AND THEN THEY TOLD ME
TO COME BACK AND THEY WOULD T E L L ME WHETHER I PASSED
I T OR NOT. I HAD TO GO BACK AND SEE WHETHER I
PASSED THE TEST OR NOT.
WHAT WERE YOU TOLD?
I DIDN'T PASS I T .
WHO TOLD YOU T H I S ?
MR. BOSLEY GAVE ME THE T E S T . HE GAVE ME THE AMOUNT
OF SCORE THAT I HAD TO HAVE AND HE SAID THAT I
ONLY MADE 9 , THAT I DIDN'T QUITE MAKE IT UP TO THE
STANDARDS OF WHAT THEY REQUIRED.
HE TOLD YOU YOU MADE 9?
BUT THAT WASN'T ENOUGH.
OKAY ARE YOU PRESENTLY IN THE LABOR DEPARTMENT?
E V E E Y S O V E H H E C K
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149
A
Q
A
Q
A
Q
A
Q
A
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A
NO.
WHEN DID YOU F I R S T - - WHEN DID YOU F I R S T TRANSFER
OUT OF THE LABOR DEPARTMENT?
OH, IT WAS IN ' 6 9 .
WHAT JOB WERE YOU TRANSFERRED TO?
WELL, IT WAS FORK L I F T DRIVER , TOW MOTOR, YOU
MIGHT SAY, PULLING RUBBER FROM THE BASE.
HOW DID YOU COME TO BE TRANSFERRED?
MR. VAN OSDALL CAME TO ME AND SAID HE HAD TWO JDBS,
THAT I COULD GET ONE OF THEM. IT WAS AN OIL ER JOB
AND TOW MOTOR JOB, AND ASKED WOULD I ACCEPT I T , BUT
HE HAD TO WAIT TO SEE WHAT MY BROTHER SAID ABOUT
THE O I L E R ' S JOB AND THEN HE ASKED ME WOULD I AC
CEPT I T . I TOLD HIM Y ES .
HE SAID HE HAD TO GET IN TOUCH WITH MY
BROTHER BEFORE HE COULD T E L L ME WHETHER I COULD GET
THE JOB OR NOT. HE GOT IN TOUCH WITH MY BROTHER,
BUT THERE WAS A JOB LEFT IN TOW MOTOR, SO I WENT
FOR THAT.
YOUR BROTHER HAS MORE OR LESS CLASS SE N I O R I T Y ?
MORE .
SO HE WAS GIVEN THE F I R S T VACANCIES , IS THAT RIGHT?
F I R S T CHOICE, Y ES .
WHEN YOU WERE PUT ON THE FORK L I F T JOB DID YOU
REMAIN ON THAT JOB?
~ Jrt'IiKHKCK
O F F J i’I M tU H l/T I tK I ’OItTNH
Q
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A FOR A SHORT PERIOD OF TIME.
Q HOW LONG?
A OH, A COUPLE OF WEEKS.
Q WAS THAT THE WAREHOUSEMAN AND SHIPPER JOB?
A THAT’ S RIGHT .
Q WERE YOU THEN D I S Q U A L I F I E D FOR THAT .OB?
A Y ES , I WAS D I S Q U A L I F I E D .
Q HOW DID YOU HAPPEN TO FIND OUT YOU WERE NO LONGER
TO BE WORKING WAREHOUSEMAN AND SHIPPER JOB?
A WELL, THE NEXT MORNING I WENT UP AND COMING BACK
TO WORK, AND THEY TOLD ME TO GO - - THEY DID A
L I T T L E FUNNY WAY AROUND AND I COULD T E L L THERE WAS
SOMETHING FUNNY GOING ON WHEN I WALKED IN THERE.
THEY SAY, "YOU HAVE TO GO AND TALK TO MR. VAN
OSDALL . "
HE SA ID , "THEY T E L L ME YOU'RE GOING BACK.
ONE OF THE TOW MOTOR DRIVERS S A I D , "THEY TOLD ME
YOU WERE GOING BACK TO LABOR."
I SA I D , "WHERE IS THE FOREMAN?"
WELL, I TALKED TO THE FOREMAN. HE SAY,
"YOU GOT TO GO BACK TO LABOR."
I SAY, " I HAVE?"
HE SAY, " Y E S . "
I SAY, "WELL , I F THAT IS WHAT I GOT TO
DO, I HAVE NO OTHER CHOICE . I GOT TO GO BACK."
I - V L ' I A X (> I' Eli H E C K
O F F IC IA L C O l'K T H E fO H T F .K
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HE SAY , " I D IDN’ T CLOCK OUT ."
SO I GOT PERMISSION TO GO OUT AND WAIT
UNTIL MR. VAN OSDALL COME IN. WHEN MR. VAN OSDALL
CAME IN ME AND HIM TALKED OUTSIDE OF THE GATE.
WELL, WE TALKED, AND HE ASKED ME, SAID - - THEY
DIDN’ T T E L L ME, BUT THEY TOLD HIM I D IDNT' QUALIFY .
I SA ID , "WELL, AFTER I WAS THERE I COULD SEE WHAT
WAS GOING ON, THAT I WASN'T GOING TO, YOU KNOW."
THAT IS 1400 AND THAT LABOR DEPARTMENT IS 1400,
TOO. THEY SAY I F YOU QUALIFY THAT YOU WOULD COME
UP BEHIND, THAT YOU WILL AUTOMATICALLY BE IN THE
SAME DEPARTMENT THAT YOU ARE ALREADY WORKING IN
AND THAT WOULD THROW YOU UP ON TOP, SO I JUST
FIGURED I WASN'T EVER GOING TO QU ALIFY , NOT IN THAT
DEPARTMENT, AND I EXPLAINED THAT TO HIM.
Q CAN I ASK YOU A COUPLE OF QUESTIONS. WERE YOU ON
THE WAREHOUSE LABOR JOB?
A SURE, WAREHOUSE LABOR JOB BEFORE I WENT ON THE TOW
MOTOR.
Q OKAY. WERE YOU TOLD THAT YOU WOULD BE ABLE TO
BRING YOUR SEN IO RIT Y WITH YOU AS A WAREHOUSE
LABORER?
A NOBODY TOLD ME THAT. THEY TOLD ME THAT I WOULD
LOSE , THAT I WOULD MAINTAIN IT FOR TWO YEARS I F I
15 1
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Q NOV/, WHY DO YOU F E E L YOU WOULD BE ON TOP OF OTHER
PEOPLE?
A I D IDN'T F E E L THAT WAY. YOU HEAR RUMORS AROUND
BASICALLY THEY D IDN'T WANT YOU TO GET I T .
Q WHO IS THEY?
A OBVIOUSLY JUST TALK AROUND THE WAREHOUSE.
Q ARE THESE EMPLOYEES?
A EMPLOYEES - - NOT FROM NO O F F I C I A L . ONE OF THE
GUYS TOLD ME, THAT WAS THE ONE THEY HAVE TRAINING
ME, HE S A I D , "MAN, THEY DON'T WANT YOU TO P A SS ."
MR. BURCH: YOUR HONOR, I WOULD
L I K E TO OBJECT AND ASK THAT THE T E S T I
MONY ABOUT WHAT THEY SAID AROUND THE
WAREHOUSE BE STRI CKE N.
THE WITNESS: WELL - -
THE COURT: I THINK IT SHOULD
BE STRICKEN IN ALL PROPRIETY. I WOULD
ASK ALSO THAT THE WITNESS RESPOND TO THE
QUESTIONS OF THE ATTORNEY AND I THINK
WE WILL MOVE ALONG MORE RAPIDLY .
Q MR. BROWN, HAD YOU EVER WORKED THE FORK L I F T JOB
BEFORE YOU WERE TRANSFERRED UP TO THE SHIPPING AND
T R A F F I C ?
A BEFORE I WENT TO - -
Q YEAH.
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153 ...
A O H , Y E S , M A ’ A M , W H E N I W A S W O R K I N G T H E S O A P
H O P P E R .
Q HOW L O N G H A D Y O U D R I V E N T H E F O R K L I F T T R U C K W H E N
Y O U W E R E W O R K I N G P R I O R T O T H E T I M E Y O U W E R E T R A N S
F E R R E D T O S H I P P I N G A N D T R A F F I C ?
A W E L L N O W , I T W A S Q U I T E A W H I L E B E C A U S E T H A T I S T H E
O N L Y M E A N S W E H A D O F G E T T I N G S O A P U P T O W H E R E WE
W O U L D G E T T O I T . I H A D T O W O R K S A T U R D A Y S A N D S U N
D A Y S .
Q HOW M A N Y Y E A R S D I D Y O U W O R K D R I V I N G T H E F O R K L I F T ?
A I G U E S S A B O U T T H R E E Y E A R S .
Q O K A Y . N O W , A F T E R Y O U S P O K E W I T H M R . V A N O S D A L L
W H A T J O B W E R E Y O U T H E N P L A C E D I N ?
A W E L L , H E A S K E D ME A B O U T - - A F T E R WE T A L K E D T H E R E
F O R A W H I L E H E A S K E D ME A B O U T W O U L D I A C C E P T B A L E R
H E L P E R . I T O L D H I M Y E S . I W A S I N T E R E S T E D I N T R Y
I N G T O G E T A B E T T E R J O B , S O H E G A V E ME T H A T J O B .
Q DID YOUREALIZE WHEN YOU TRANSFERRED TO THE BALER
HELPER JOB IN ’ 69 THAT YOU COULD NOT BRING YOUR
S EN IO RI T Y WITH YOU AND THAT AFTER TWO YEARS YOU
WOULD FOR FE IT YOUR LABOR DEPARTMENT S E N I O R I T Y ?
A H E E X P L A I N E D T H A T T O M E , Y E S , M A ’ A M . I K N E W I T .
Q W H Y W O U L D Y O U A C C E P T A T R A N S F E R T O T H E B A L E R
H E L P E R J O B U N D E R T H O S E C I R C U M S T A N C E S ?
T E L L T H E T R U T H , I W A S T A K I N G A C H A N C E I M I G H T W I N .
onii'i.u, cor nr hkcoki'ER
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154
WOULDN'T MAYBE BE A LAYOFF IN TWO YEARS. I TOOK
THE CHANCE AND WENT ON AND ACCEPTED THE JOB.
1
Q AND YOUR D I V I S I O N SEN IORITY BEGAN IN '69 WHEN YOU
TRANSFERRED, IS THAT RIGHT?
A YES .
Q WAS THERE A LAYOFF AFTER YOU TRANSFERRED?
A Y E S , MA'AM. IT ALMOST GOT TO ME.
Q WHAT DO YOU MEAN, THEY ALMOST GOT TO YOU?
A ON THE LAYOFF L I S T .
Q BY WHAT SEN IO RI T Y IS USED FOR LAYOFFS , D I V I S I O N
S E N I O R I T Y ?
A WELL, FOR WHAT I WAS UNDERSTANDING THEN THE
SEN IO RI T Y WAS FROM THE TIME I WAS ON THE BALER
H E L P E R .
Q SO YOU SAY THEY ALMOST GOT TO YOU. ARE YOU SAYING
THEY ALMOST CAME DOWN THE L I S T AND YOUWERE ALMOST
LAID OFF?
A WASN'T VERY FAR. THEY DIDN'T QUITE MAKE I T , BUT
I S T I L L STAYED - -
Q AFTER YOU BECAME A BALER HELPER WERE YOU PROMOTED
TO AN OPERATOR'S JOB TO TRAIN ON ONE OF THE OPERA
TOR'S JOBS?
A Y E S , S I R ; BALER JOB.
Q BALER OPERATOR'S JOB?
A BALER OPERATOR’ S JOB.
/•;r/■;/.) v o v e h h e c k
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Q WHEN WERE YOU PROMOTED TO THAT JOB?
A OH, THAT HASN’ T BEEN TOO LONG AGO. I DON’ T KNOW
EXACTLY THE DATE, BUT I T HASN'T BEEN TWO MONTHS.
THAT JUST RECENTLY HAPPENED.
Q ARE YOU S T I L L ON THAT JOB?
A NO, MA'AM.
Q WHAT WERE THE CIRCUMSTANCES THAT CAUSED YOU NOT TO
BE ON THIS BALER OPERATOR'S JOB?
A WELL, TO GIVE YOU A PRETTY GOOD UNDERSTANDING OF
WHAT - - MR. VAN, I W\S COMING FROM LUNCH, AND I MET
MR. VAN. HE S A I D , "LONNIE , I ' V E GOT TO BRING YOU
BACK." HE SAY, "THEY SAY YOU COULD HAVE THE JOB
UNTIL ON ACCOUNT OF THIS INJUNCTION. I GOT TO BRI
YOU BACK TO BALER OPERATOR, I MEAN, TO BALER H ELP
E R " , AND HE ASKED ME I F I WOULD T E L L THE FOREMAN
WHEN I GOT DOWN THERE THAT I WOULD HAVE TO COME
BACK. SO I D ID, SO THEY SENT ME BACK.
Q DID THIS HAPPEN IN NOVEMBER OF ' 7 1 , LAST MONTH?
A I T ' S BEEN LAST MONTH.
Q NOW, THE INJUNCTION MR. VAN OSDALLV&S REFERRING
TO, DO YOU KNOW WHETHER THAT WAS THE INJUNCTION
THAT WAS F I L E D BY THE UNION?
A WELL NOW, IT HAD TO BE . THAT IS THE ONLY ONE - -
I T HAD TO BE THAT ONE.
Q NOW, YOU ARE BACK ON BALER HELPER JOB.
oyeimeck
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156
A I AM BALER HELPER NOW.
|Q BETWEEN THE TIME THAT MR. BOSLEY TOLD YOU YOU
HAD F A I L E D THE T E S T , THAT YOU MADE A SCORE OF 9
IN 1968 YOU T E S T I F I E D , TO YOUR KNOWLEDGE HAVE
THERE BEEN PERSONS HIRED AS BALER HELPERS OFF THE
ST R EET ?
A S INCE ’ 69 - - ' 6 8 ?
Q YES .
A OH, Y E S , MA'AM.
MRS. MC DONALD: WE HAVE NOTH
ING FURTHER, YOUR HONOR.
THE COURT: ALL RIGHT. CROSS
EXAMINE.
CROSS EXAMINATION
BY MR. BURCH:
Q WELL, S INCE 196 8 , MR. BROWN, BLACK MEN HAVE BEEN
HIRED OFF THE STREET AS BALER HELPERS , HAVE THEY
NOT, AFTER YOU F A I LE D THAT TEST?
A AFTER '6 8 ?
Q Y E S , S I R .
A OH, YEAH.
Q HIRED IN THE PRODUCTION DEPARTMENT?
A S INCE '6 8 ?
Q YES .
E V E L Y X ( ) Y E K H E ( K
O F F IC IA L CO U R T R K CO RTF.R
l ) 0*7O f ( Z
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A Y E S .
Q A L L R I G H T . A T T H E T I M E T H E R E W A S A L A Y O F F I N T H E
P R O D U C T I O N D E P A R T M E N T T H A T Y O U R E F E R R E D T O , T H E
L A Y O F F D I D N ' T G E T T O Y O U , D I D I T ?
A N O .
Q T H E R E W E R E J U N I O R M E N I N D E P A R T M E N T A L S E N I O R I T Y
WHO W E R E L A I D O F F D U E T O L A C K O F W O R K ?
A S U R E .
Q D U E T O A C U T B A C K , I S T H A T R I G H T ?
A T H E R E W A S A L A Y O F F ?
Q Y E S .
A T H O S E U N D E R M E C A M E I N T O P R O D U C T I O N A F T E R I D I D
W E R E L A I D O F F .
Q I N C I D E N T A L L Y , H A V E S O M E O F T H E M B E E N R E C A L L E D
S I N C E T H A T T I M E ?
A T H E Y C A L L E D T H E M B A C K W H E N T H E , Y S T A R T E D B A C K .
Q A L L R I G H T , S I R . A T T H E T I M E O F T H A T L A Y O F F Y O U
K N E W T H A T Y O U S T I L L H A D S E N I O R I T Y I N T H E L A B O R
D E P A R T M E N T I F Y O U N E E D E D I T ?
* T H A T C A M E A F T E R I H A D B E E N G O I N G U P T H E R E . I H A D
A C C E P T E D T H E J O B W H E N I F O U N D O U T A B O U T T H A T I H A D
T H E L A B O R S E N I O R I T Y , A N D T H E N I F E L T A L I T T L E B I T
B E T T E R . W H E N I W E N T I D I D N ' T K N O W I H A D I T . I
W E N T I N T H I N K I N G T H A T I H A D T W O Y E A R S .
A F T E R I G O T U P T H E R E ON T H E J O B ,
E\'EL)'\' U\ i'.IHU'A’K
O F F U 'i A I. C O V K T H F.FOFTF.U
T H E N
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Q
A
Q
A
Q
A
Q
A
I FOUND OUT I MAINTAINED MY LABOR S E N I O R I T Y , SO
THAT MADE ME F E E L SOME BETT ER .
DID THE LAYOFF HAPPEN AFTER THE 1970 CONTRACT NE
GOTIATIONS, DO YOU KNOW?
AFTER THE 1970 - -
THE LAYOFF YOU ARE REFERRING TO.
I T WAS THE LAST ONE THEY HAD, I F THAT WAS THE
CONTRACT IN E F F E C T , THE LAST LAYOFF. I DON’ T R E
MEMBER EXACTLY.
ALL RIGHT. AT THE TIME YOU TOOK THE TEST DID YOU
F I L L OUT YOUR NAME AND PUT A DATE ON THE TEST FORM?
I THINK I DID. WHEN HE F I R S T HANDED ME THE PAPER
I THINK HE S A I D , “ SIGN YOUR NAME", AND THEN HE S A ID ,
"TURN IT OVE R ."
MR. BURCH: EXCUSE ME. LET ME
HAVE THIS MARKED AS COMPANY E X H I B I T .
THE CLERK : NO. 16.
MR. BURCH: 17, I B E L I E V E , WOULC
BE NEXT.
MR. BROWN, I WANT TO HAND YOU WHAT HAS BEEN
MARKED AS COMPANY E X H I B I T 17, ABOUT THREE PAGES H
AND I WILL ASK YOU TO LOOK AT THE LAST PAGE AND
T E L L US WHETHER THAT IS YOUR NAME AND WHETHER YOU
WROTE IT ON THERE.
YEAH .
UYF.LYiX OYER FECK
O F F K ' I M . C lt l i r r Hh'.l'OHTKK
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AND THE DATE IS MARCH 8, 1968 , IS I T NOT?
WELL, THAT IS WHAT’ S ON THERE.
IS THAT ABOUT THE TIME YOU RECALL TAKING T H I S ?
I T WAS ' 6 8 . I KNOW IT WAS COLD, COOL WEATHER.
I T COULD HAVE BEEN IN MARCH. I DON’ T KNOW EX
ACTLY THE MONTH IT WAS.
ARE YOU SURE OF THE SCORE? MR. BOSLEY TOLD YOU
THAT.
I ’ M SURE WHAT HE TOLD ME.
AND WHAT DID HE T E L L YOU?
HE SAID - - THE MINUTE I WALKED IN THERE, HE WAS
BUSY AT THE TIME AND THEN HE LOOKED AT SOME PAPERS
AND HE SA I D , "YOU MADE A SCORE OF 9 . ”
DID HE T E L L YOU WHAT THE ACCEPTABLE SCORE WAS?
DID YOU KNOW HOW CLOSE YOU HAD COME?
NO. AFTER I SAW I HAD FA IL ED IT - -
ALL RIGHT. LET ME JUST SHOW YOU THE F I R S T PART
OF I T . THIS IS DATED FEBRUARY 29 , 1968 , AND I
WILL ASK I F THAT IS A LETTER THAT YOU WERE GIVEN
ABOUT THAT DATE, AND IS THAT YOUR SIGNATURE?
IT I S N ’ T MY SIGNATURE. WELL, THIS WAS SENT DOWN
TO THE FOREMAN’ S O F F I C E . I B E L I E V E THIS WAS
SENT DOWN I F WE WANTED TO TAKE THE T E S T . IS THIS
WHAT THE PAPER I S ?
DO YOU REMEMBER BACK AROUND FEBRUARY OF 1968
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
. .. 2 I S * -
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A
Q
A
SEE ING THAT PAPER OR SOMETHING L I K E I T ?
THEY SENT SOME PAPERS DOWN AND ASKED I F , FINDING
OUT HOW MANY MEN WOULD WANT TO TAKE THE T E S T . THIS
COULD HAVE BEEN THE PAPER I SIGNED THAT I WOULD
WANT TO TAKE THE T E S T , BUT THEY DID SEND SOME
DOWN FINDING HOW MANY MEN THAT WANTED TO TAKE
THE T ES T .
DOES THAT APPEAR TO BE YOUR SIGNATURE?
THAT I S N ’ T MY SIGNATURE.
MR. BURCH: I OFFER COMPANY 17
IN EV IDENCE .
MR. WHEAT: NO OBJECTION, YOUR
HONOR.
THE COURT: ALL R IGHT . I T IS
ADMITTED.
MR. BURCH: THANK YOU, MR.
BROWN.
PASS THE WITNESS.
CROSS EXAMINATION
BY MR. WHEAT:
Q MR. BROWN, JUST TO MAKE SURE I T IS CLEAR, AT THE
TIME THAT THE LAYOFF ALMOST GOT TO YOU, THE WORST
THAT COULD HAVE HAPPENED WOULD HAVE BEEN YOU WOULD
HAVE TO GO BACK IN THE LABOR DEPARTMENT, I S N ’ T THAT
. — E V E L Y N O V E R B E C K "
O F F IC IA L CO U RT R E P O R T E R
i-- 24 U
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TRUE?
A THE WORST THAT COULD HAPPEN.
Q I F YOU HAD BEEN LAID OFF YOU ACTUALLY WOULD NOT
HAVE BEEN SENT HOME OUT OF WORK, YOU WOULD JUST
HAVE GONE BACK IN THE LABOR DEPARTMENT, I S N ' T THAT
CORRECT?
A WELL, I DON'T KNOW. I WOULD HAVE GONE BACK TO
THE LABOR. I WOULDN'T HAVE WENT OUT BECAUSE MY
TWO YEARS WASN'T QUITE UP.
Q YOU S T I L L HAD YOUR S E N I O R I T Y ?
A I COULD GO BACK TO THE LABOR.
Q ALL RIGHT. HAVE YOU EVER F I L E D ANY GRIEVANCES
WITH THE UNION?
A NO.
HAVE YOU EVER ASKED THE UNION TO PROCESS AN AGREE
MENT FOR YOU?
A NO.
MR. WHEAT: PASS THE WITNESS.
THE COURT: ANY FURTHER QUES
TIONS?
MRS. MC DONALD: NOTHING.
THE COURT: ALL RIGHT. YOU MAY
STEP DOWN.
THE COURT: CALL YOUR NEXT WITNESS.
E V E L Y N O V E l l B E C K
OFFICIAL COURT REPORTER
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PERCY V I T A L ,
WITNESS CALLED BY AND IN BEHALF OF P L A I N T I F F , HAVING
BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D AS
FOLLOWS:
DI RE CT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, P L EA S E .
A PERCY V I T A L .
Q WHAT IS YOUR RACE?
A BLACK.
Q ARE YOU EMPLOYED BY THE GOODYEAR?
4 YES .
5 OF HOUSTON?
* YES .
} HOUSTON PLANT?
* RIGHT.
J OKAY. WHEN WERE YOU F I R S T EMPLOYED?
̂ ' 6 5 ; DECEMBER, ' 6 5 .
■ AND WHAT I s YOUR EDUCATIONAL L E V E L , MR. V I T A L ?
‘ 1 HAVE B . M . E . DEGREE FROM TEXAS SOUTHERN.
IS THAT A COLLEGE DEGREE?
YES .
WHAT TYPE OF DEGREE IS THAT?
t h a t i s m u s i c e d u c a t i o n , a r e y o u a s k i n g me when
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
243*.
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i 1 1
I WAS EMPLOYED, OR NOW?
Q WHEN DID YOU GET THAT DEGREE?
A *70 .
Q WHEN YOU WERE EMPLOYED HOW MUCH EDUCATION DID
YOU HAVE?
A APPROXIMATELY 90 HOURS, COLLEGE HOURS.
Q NOW, IN WHAT JOB WERE YOU EMPLOYED?
A AS A LABORER WHEN I WAS HIRED.
Q HOW LONG DID YOU WORK AS A LABORER?
A APPROXIMATELY TWO AND A HALF YEARS.
Q NOW, HAD YOU PRIOR TO THIS TWO AND A HALF YEAR
PERIOD YOU WORKED AS A LABORER, HAD YOU WORKED ON
ANY OTHER JOBS IN OTHER DEPARTMENTS?
A Y E S , I WERE GIVEN A JOB IN 1220 , I THINK IT I S ,
STOREROOM CLERK , FOR ABOUT 45 DAYS, SOMETHING OR
ANOTHER - - ABOUT FOUR OR F I V E WEEKS, SOMETHING
L I K E THAT.
Q IS THAT THE STOREROOM CLERK JOB IN R ECE IV ING AND
STORES?
A YES .
Q HOW LONG DID YOU REMAIN ON THAT JOB?
A ABOUT FOUR WEEKS, F I V E WEEKS MAYBE.
Q AND THEN WHAT WERE THE CIRCUMSTANCES SURROUNDING
YOUR LEAVING THAT JOB?
A ONE EVENING WHEN I GOT OFF I HAD A NOTE ATTACHED
“ E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
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TO MY TIME CARD SIGNED BY MR. CHAFF IN, WHO WAS
THEN THE SUPERVISOR, TELL ING ME TO RETURN TO THE
LABOR GANG MONDAY MORNING, AND THERE WAS NOTHING
- - THAT WAS ALL THAT WAS ON THE NOTE.
Q NOW, HAD YOU EVER BEEN ADVISED THAT YOUWERE NOT
PERFORMING THE STOREROOM CLERK JOB S A T I S F A C T O R I L Y ?
A NO, NO ONE INFORMED ME OF THIS AT AL L .
Q HOW LONG AGO AGAIN DID YOU WORK THAT JOB, HOW
LONG WERE YOU ON I T ?
A APPROXIMATELY FOUR OR F I V E WEEKS.
Q FOUR OR F I V E WEEKS?
A YES .
Q NOW, WHAT WAS THE DAY THAT YOU WERE RETURNED - - NOT
THE DATE, BUT THE DAY OF THE WEEK THAT YOU WERE
RETURNED TO THE LABOR DEPARTMENT?
A THIS WAS A FR ID AY . I AM SURE IT WAS BECAUSE I WAS
TO RETURN TO LABOR ON MONDAY.
Q NOW, WHEN YOU RETURNED TO LABOR ON MONDAY TO YOUR
KNOWLEDGE WAS A PERSON EMPLOYED, A NEW PERSON IN
THE STOREROOM CLERK JOB ON MONDAY, THE FOLLOWING
MONDAY?
A HIS LAST NAME WAS CLARY.
Q DO YOU KNOW MR. CLARY'S RACE?
A HE IS WHITE.
Q NOW, DID YOU COMPLAIN TO THE COMPANY ABOUT YOUR
16 ̂
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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165
B E I N G T A K E N O F F O F T H E S T O R E R O O M C L E R K ’ S J O B ?
A W E L L , I D O N ’ T K NO W I F Y O U W O U L D C A L L I T A C O M P L A I N !
B U T O N S E V E R A L O C C A S I O N S I T A L K E D W I T H M R . B O S L E Y
A B O U T T H I S , A N D T H I S P A R T I C U L A R J O B O F O B T A I N I N G
A N O T H E R P O S I T I O N O T H E R T H A N L A B O R .
Q WHO I S M R . B O S L E Y ?
A I T H I N K H E I S J U S T A N I N T E R V I E W . A N Y W A Y , H E I S
I N T H E P E R S O N N E L . H E I S T H E P E R S O N T H A T H A D H I R E D
M E .
I T A L K E D W I T H H I M O N M A N Y O C C A S I O N S ,
I T A L K E D W I T H M R . B O S L E Y , B U T H E I N F O R M E D ME - -
F I R S T , H E A S K E D M E - - H E D I D N ’ T K N O W WH Y I W A S
T A K E N O F F . I N F A C T , H E A S K E D M E WHY D I D M R . C O L E
M A N T A K E ME O F F O F T H I S P A R T I C U L A R J O B , A N D I T O L D
H I M T H A T I D I D N ’ T K N O W , T H A T I S W H Y I C O M E T O
T A L K W I T H H I M , Y O U K N O W , S I N C E H E H A D H I R E D MY
R E P L A C E M E N T I F E L T L I K E H E S H O U L D P R O B A B L Y T E L L M E .
S O A N Y W A Y , H E S A Y H E D I D N ’ T H A V E A N Y O P E N I N G F O R
A N Y O T H E R J O B S , A N D K E E P C H E C K I N G W I T H H I M .
s o a p p r o x i m a t e l y o n c e a m o n t h f o r t h e
n e x t E I G H T E E N M O N T H S I K E P T C H E C K I N G W I T H H I M , A N D
H E N E V E R H A D A J O B U N T I L A P R I L O F ’ 6 8 . H E N E V E R
H A D A J O B O P E N I N G .
Y O U M E A N T H A T I S W H A T H E T O L D Y O U ?
Y E S .
E V E L Y N O V E I i B E C K
O F F IC IA L CO U RT R E P O R T E R
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Q NOW, WHEN YOU SAY CHECK WITH HIM, WHAT WOULD YOU
DO?
A HE TOLD ME, ’’WELL, WE DON'T HAVE ANYTHING OPEN
RIGHT NOW, BUT YOU JUST KEEP CHECKING WITH ME."
SO I GO UP AND TALK WITH HIM AND HE SAY,
"WELL, WE DON'T HAVE ANYTHING OPEN."
YOU KNOW, ALL THE TIME I WOULD PROBABLY
NAME A JOB, L I K E I ASKED HIM ABOUT THE O I L E R JOB.
HE TOLD ME, "WELL , WE'D L I K E TO HIRE PEOPLE WITH
MECHANICAL E X P E R I E N C E , AND HE SAID I WAS TOO SHORT,
AND FOR THE LAB JOB HE SAY, "WELL , WE WOULD L I K E
«
TO HIRE PEOPLE WHO HAVE SOME CHEMISTRY, AND WE
FIND SOMEONE WHO HAVE MORE CHEMISTRY THAN YOU.
WHETHER I T ' S OFF THE STREET OR THE PLANT, WE HAVE
TO HIRE THEM."
Q AT THE TIME YOU ASKED MR. BOSLEY ABOUT THE O I L E R ' S
JOB WHAT TO YOUR KNOWLEDGE WAS THE RACE OF THE EM
PLOYEES IN THE JOB?
A WHITE, ALL WHITE.
Q AND DID YOU HAVE OCCASION TO SEE PERSONS WHO WERE
EMPLOYED IN THE PRODUCTION DEPARTMENT?
A Y E S . THEY WERE HIRING IN PRODUCTION DEPARTMENT.
Q HOW TALL ARE YOU, MR. V I T A L ?
A I THINK ONLY ABOUT F I V E SEVEN, SOMETHING L I K E THAT.
I THINK AT THAT TIME THEY SA I D , WELL, F I V E TEN,
E V E L Y N OYER liECK
O F F IC IA L CO U RT R E P O R T E R
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F I V E E I G H T , SOMETHING L I K E THAT. ANYWAY, I WAS
JUST A L I T T L E SHORT.
Q DOES THAT REQUIREMENT S T I L L E X I S T TODAY, DO YOU
KNOW?
A I DON’ T THINK SO.
Q DID MR. BOSLEY G IV E YOU ANY REASON WHY A PERSON
HAD TO BE F I V E TEN TO BE HIRED IN PRODUCTION?
A Y E S , I THINK HE SAID SOMETHING ABOUT THE BOX THAT
THE RUBBER WAS TO BE STORED IN WAS FOUR F E E T , I
THINK HE SAI D , AND YOU HAD TO BE SO TALL IN ORDER,
YOU KNOW, TO PUT THE RUBBER IN THE BOX.
Q WERE THERE MACHINES THAT WERE USED OR SOME KIND
OF CARS THAT WERE USED TO PUT THE RUBBER IN THE
BOXES?
A WELL, I THINK AT THAT TIME IN ONE PLANT THERE WAS,
YOU KNOW, WHERE THEY COULD LOAD THE BOX IN A P I T
IN ONE OF THE PLANTS, I THINK.
Q NOW, WHEN YOU WERE REQUESTING A JOB IN THE LAB
DID YOU HAVE ANY CHEMISTRY?
A NO, I DIDN'T HAVE NO CHEMISTRY.
Q DID MR. BOSLEY ADVISE YOU HOW HE WOULD DETERMINE
WHETHER OR NOT THERE WAS A JOB THAT YOU QU A LI F I ED
FOR?
A NO. IN FACT, THE LAST TIME I WENT TO SEE MR. BOSL
BEFORE I OBTAINED A JOB IN THE LAB, I ASKED HIM,
E V E L Y N OVERHECK
O F F IC IA L CO U RT R E P O R T E R24 8co
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I SAY, "MR. BOSLEY , JUST WHAT JOB IN THE PLANT
DO I QUALIFY FOR?"
AND HE SAYS, "WELL, WHAT DO YOU MEAN?"
AND I SAY, "WELL , IS THERE ANY JOB I
CAN WORK IN THIS PLANT OTHER THAN THE LABOR JOB?"
HE WENT IN A ROUND ABOUT WAY TO T EL L ME
THAT HE COULDN'T GIVE ME A JOB, AND S INCE MR,
COLEMAN HAD TAKEN ME OFF THIS FORK L I F T THAT MR.
COLEMAN WOULD HAVE TO RECOMMEND ME FOR ANOTHER
JOB .
Q WHO IS MR. COLEMAN?
A MR. COLEMAN IS A FOREMAN IN THE LABOR GROUP.
Q AND WHAT IS HIS RACE?
A WHITE.
Q WHEN DID YOU F IN ALL Y GET A TRANSFER PERMANENTLY
TO A JOB OUT OF THE LABOR DEPARTMENT?
A I THINK IT WAS APRIL OF *08 .
Q AND Wh'AT JOB DID YOU TRANSFER TO?
A LABORATORY TECHNICIAN.
Q NOW, DURING THE PERIOD WHEN YOU BEGAN TO ASK MR.
BOSLEY ABOUT JOBS , O I L E R , PRODUCTION AND LAB, AND
THE TIME YOU GOT A JOB IN THE LAB IN APRIL OF 1968,
TO YOUR KNOWLEDGE WERE ANY PERSONS EMPLOYED IN THE
LAB IN THAT JOB THAT YOU WERE SEEKING?
* RIGHT, APPROXIMATELY ABOUT SEVEN. I MIGHT ADD THAT
E V ELYN OVER liECK ~ ~~ ~
O F F IC IA L CO U R T HE P O R T E R
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THAT WAS ABOUT SEVEN WHO DID NOT HAVE ANY CHEMISTRY.
EXCUSE ME.
Q NOW, AFTER YOU WERE PLACED ON THE JOB IN THE LAB
DEPARTMENT DID YOU HAVE A CONVERSATION WITH THE
MANAGER OR THE HEAD OF THE LAB DEPARTMENT CONCERN
ING YOUR EDUCATIONAL LE V E L ?
A WELL, WHEN MR. BOSLEY GAVE ME THIS JOB IN THE LAB,
WELL, MR. ROWSLEY, THE LABORATORY FOREMAN, THE
LABORATORY MANAGER, I GUESS , WAS THERE AND HE
SORT OF INTERVIEWED ME ALONG WITH MR. BOSLEY. THE
ONLY THING HE SAY ABOUT EDUCATION, I THINK HE
S A I D , " I WANT YOU TO UNDERSTAND THAT THERE IS A
LOT OF WORK IN THE LAB AND EDUCATION HAS NOTHING
TO DO WITH T H I S . "
HE SAY, '‘ SOME PEOPLE WITH EDUCATION CAN'T
DO THE WORK." HE SAY, "THE BEST LABORATORY
TECHNICIAN I EVER HAD ONLY HAD A NINTH GRADE EDUCA
T I O N . "
Q WHO IS THIS PERSON HE IS TALKING ABOUT?
A MR. HAROLD NECESSARY.
Q WHAT IS HIS RACE?
A WHITE.
Q WHAT IS MR. NECESSARY'S RACE?
A WHITE.
Q WHAT WERE YOUR JOB DUTIES WHEN YOU GOT THE JOB IN
EVELYN OVERHECK
O F F IC IA L CO U RT R E P O R T E R
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THE LAB?
OH, I P ICK UP SAMPLES. T H E R E ’ S TWO DI FF ERE NT
JOBS , ONE IS LABELLED A JOB AND ONE IS C JOB. ONE
I S P ICKING UP L IQ UI D SAMPLES S T I L L IN THE LATEX
FORM. YOU ADD THREE D IFFERE NT CHEMICALS TO IT
AND TURN IT INTO A RUBBER, YOU KNOW, AND PUT IT IN
THE OVEN AND DRY.
THEN YOU RUN IT ON WHAT WE CALL AN
AMMONIA MACHINE, AND FROM THERE YOU GIVE THE RE
SULTS TO THE P . O . E . , AND THAT'S I T .
WELL, THE A JOB , YOU TAKE A SAMPLE FROM
THE F I N I S H L I N E .
HOW DO YOU TAKE THE SAMPLE?
CUT IT WITH A WIRE . THE RUBBER COMES OUT IN THE
BLOCK FORM. YOU CUT APPROXIMATELY 250 GRAMS OFF
AND YOU MASH IT THROUGH THE MILL AND RUN IT ON A
MACHINE, AND YOU RUN A MOISTURE GOING THROUGH THE
MILL THE SAME WAY BUT HEAT I T 250 DEGREES.
HOW LONG DID IT TAKE YOU TO LEARN HOW TO PERFORM
THIS JOB?
BOTH DIFFERENT JOBS , APPROXIMATELY TWO WEEKS.
NOW, THE MACHINE THAT YOU SPOKE OF, IS THIS THE
MACHINE THAT TESTS THE RUBBER AND YOU HAVE TO BE
ABLE TO READ THE GRAPHS OR SOMETHING?
Y E S , YOU CUT APPROXIMATELY 30 GRAMS OF RUBBER AND
----- E V E L Y N O V E R H E C K
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YOU PLACE IT IN THE MACHINE AND YOU CLOSE I T ,
AND IT READS A GRAPH CHART.
Q DURING THE TIME THAT YOU WERE EMPLOYED IN LABOR
DID YOU KNOW MR. MC ELROY, A WHITE PERSON WHO
CAME TO THE LABOR DEPARTMENT?
A Y E S , I DO.
Q DO YOU RECALL APPROXIMATELY WHEN HE CAME INTO THE
LABOR DEPARTMENT?
A NO, I DIDN’ T . HE WAS HIRED, I UNDERSTAND, A
L I T T L E BEFORE I WAS.
Q NOW, DO YOU KNOW MR. LYONS, C. LYONS?
A Y E S , I KNOW MR. LYONS.
Q DO YOU KNOW WHAT JOB MR. LOYONS, DO YOU KNOW WHE
THER OR NOT MR. LYONS EVER DROVE A TRUCK?
A HE WAS DRIVING A TRUCK WHEN I CAME THERE.
Q WHAT IS THE NAME OF THAT JOB?
A I T ' S A LABOR JOB , I T ’ S A PICKUP TRUCK. THEY MAKE
D E L I V E R I E S IN P I CK UP S , YOU KNOW.
Q DID HE REMAIN ON THAT JOB AFTER MR. MC ELROY WAS
EMPLOYED?
A NO. MR. MC ELROY WAS GIVEN THAT JOB AND MR. LYONS
WAS SENT BACK TO THE JANITOR, I THINK.
Q WORKING AS A JANITOR, WAS HE WORKING IN S I DE OR
OUTSIDE THE BUILDING?
A I GUESS YOU WOULD SAY I N S I D E , PROBABLY IN AND OUT.
E V ELYN OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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A
IN THE JANITOR AT THAT TIME THEY COULD MOVE THEM
IN S ID E TODAY AND OUTSIDE TOMORROW, JUST WHEREVER
THEY WANTED THEM.
DO YOU RECALL MR. MC ELROY BEING TRANSFERRED OUT
OF THE LABOR DEPARTMENT?
Y E S , I KNOW AT LEAST TWO T IMES . ONE TIME THEY
SENT HIM TO THE O I L E R S . I DON’ T KNOW WHAT HAP
PENED, BUT I HAD HEARD THEY GOT SOME COMPLAINTS ;
WITHOUT TE LL IN G ME THAT, HE THEN RETURNED?
YEAH, HE RETURNED TO DRIVING A TRUCK AGAIN AND THEN
LATER HE TRANSFERRED TO THE GUARD JOB, THE SECURITY
I GUESS YOU WOULD CALL I T , AND, AGAIN, HE WENT
BACK TO TRUCKS.
NOW, YOU WERE IN THE LABOR WHAT, E IGHTEEN MONTHS,
APPROXIMATELY?
L I T T L E BETT ER . I THINK FROM '65 TO A P R I L OF ' 6 8 ,
WITH THE EXCEPTION OF ABOUT FOUR OR F I V E WEEKS."iif
DID YOU SEE ANY NEW EMPLOYEES AS THEY CAME INTO THE
LABOR DEPARTMENT HIRED IN THE LABOR DEPARTMENT?
A Y E S .
Q AND DID YOU SEE ANY NEW EMPLOYEES AS THEY WERE
TRANSFERRED OUT, DID YOU E E THE PROCESS HAPPENING,
PEOPLE BEING EMPLOYED IN THE LABOR AND THEN BEING
TRANSFERRED OUT?
A OH, Y E S . _________ _ _ _
----------------- -- “ E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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Q
A
Q
WAS THIS WHITE AND BLACKS?
YES .
DID YOU FORM ANY OPINION AS TO THE PERIOD OF TIME
THAT WHITES TENDED TO REMAIN IN THE LABOR DEPART
MENT DURING THE TIME THAT YOU WERE THERE AS COM
PARED WITH THE LENGTH OF TIMES THAT BLACKS R E
MAINED IN THE DEPARTMENT BEFORE THEY TRANSFERRED
OUT'
MR. WHEAT: OBJECTION AS TO
OPINION, YOUR HONOR.
MR. BURCH: OBJECT ION. SHE
I S N ' T ASKING FOR A QUESTION OF FACT. IT
WOULDN'T BE PROPER FOR HIM TO T E S T I F Y TO
AN OPINION OF THIS SORT.
MRS.MC DONALD: YOUR HONOR, I
THINK I LAID THE PROPER PR EDI CA TE . I
THINK MR. V ITA L DURING THE TIME HE WAS
EMPLOYED SAW PEOPLE AS THEY CAME AND
L E F T . THE COURT MAY HAVE TO DECIDE WHAT
WEIGHT IT WILL G IV E TO MR. V I T A L ' S T E S T I
MONY, BUT I THINK HE IS IN POSITION TO
GIVE HIS OPINION.
THE COURT: G IV E YOUR OPINION
AS YOU KNOW I T .
THE WITNESS: WILL YOU STATE TH
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
254*
________________ _______________________________________________________________ m
QUESTION AGAIN, P L EA S E .
DURING THE E IGHTEEN MONTHS YOU WERE IN THE
LABOR DEPARTMENT DID YOU SEE WHITE AND BLACK PER
SONS BEING EMPLOYED IN THE LABOR DEPARTMENT AND
THEN EVENTUALLY BEING TRANSFERRED OUT OF THE LABOR
DEPARTMENT TO OTHER DEPARTMENTS?
Y E S , I WOULD SAY, WITH THE EXCEPTION OF MR. MC ELRO Y
THEY REMAINED THERE JUST A SHORT TIME.
MY QUESTION IS DID YOU FORM ANY OPINION AS TO THE
LENGTH OF TIME THAT WHITE EMPLOYEES GENERALLY SERVED
IN THE LABOR DEPARTMENT BEFORE THEY WERE TRANS
FERRED OUT, AS COMPARED WITH THE BLACK EMPLOYEES?
YES .
WHAT WAS THAT OPINION?
WELL, WHEN A WHITE WAS HIRED IN THE LABOR GROUP
HE DIDN’ T START AT THE BOTTOM JOB AS OUTDOORS OR
YARDMAN. HE STARTED IN S IDE IN THE BOX FACTORY,
WHICH IS ONE OF THE BETTER JOBS .
THEN HOW LONG DID HE GENERALLY REMAIN?
I WOULD SAY UNTIL THERE WAS AN OPENING. THAT IS
THE OPINION I FORMED. HE WAS JUST THERE UNTIL AN
OPENING WAS IN ANOTHER DEPARTMENT.
DID THE BLACK EMPLOYEES HIRED DURING THE TIME YOU
WERE THERE TEND TO REMAIN IN THE LABOR DEPARTMENT
FOR A LONGER OR SHORTER PERIOD OF TIME THAN THE
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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WHITES HIRED DURING THAT SAME PERIOD OF TIME?
IN MY OPINION I WOULD SAY Y E S .
CAN YOU GIVE THE COURT SOME EXAMPLES OF WHITE EM
PLOYEES WHO WERE EMPLOYED I N I T I A L L Y INTO THE MORE
DESIRABLE JOBS I N S I D E , AS YOU PUT I T ?
COULD I GIVE THE COURT - -
NAMES. DO YOU KNOW THE NAMES OF ANY OF THESE
PEOPLE?
THAT WERE EMPLOYED IN THE LABOR GROUP?
IN JOBS ON THE I N S I D E , WHITE PERSONS.
L I K E MR. MC ELROY , FOR EXAMPLE, HE WAS HIRED IN
S I D E . MR. GOYER, I DON'T KNOW HIS F I R S T NAME, HE
WAS HIRED I N S I D E . HE 'S BEEN THROUGH SEVERAL D I F
FERENT DEPARTMENTS.
TRANSFERRED OUT AND THEN CAME BACK?
HE DIDN'T COME BACK. I THINK HE HAD THE NECESSARY
REQUIREMENTS. ANYWAY, HE TRANSFERRED TO SEVERAL
DIFFERENT JOBS . THOSE ARE ABOUT THE ONLY NAMES OF
WHITES I CAN REMEMBER.
MR. V I T A L , DID YOU SIGN THE CHARGE THAT WAS F I L E D
BY MR. R. L . JOHNSON?
YES .
P L A I N T I F F IN THIS CASE?
Y E S , I DID.
AND TO YOUR KNOWLEDGE DID EQUAL OPPORTUNITY
E V E L Y N OVERBECK
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C O M M I S S I O N I N V E S T I G A T E T H A T C H A R G E ?
A Y E S , T O MY K N O W L E D G E . I D O N ' T R E C A L L H I S N A M E
N O W , W I T H T H E E Q U A L O P P O R T U N I T Y , B U T W H E N I T A L K E D
T O H I M
q W I T H O U T T E L L I N G ME W H A T H E S A I D , D I D H E V I S I T T H E
P L A N T ?
A Y E S . H E T O L D ME H E W O U L D B E T H E R E T H A T M O N D A Y .
I D O N ' T R E C A L L T H E D A Y I T W A S T H A T I T A L K E D W I T H
H I M . I T W A S T H E W E E K B E F O R E , A N D H E T O L D ME H E
W O U L D B E T H E R E T H A T M O N D A Y T O I N V E S T I G A T E .
Q D I D A N O F F I C I A L F R O M T H E E Q U A L E M P L O Y M E N T C O M M I S
S I O N V I S I T T H E C O M P A N Y ?
A Y E S , H E T O L D M E H E H A D .
Q HOW L O N G T O Y O U R K N O W L E D G E A F T E R T H I S V I S I T W A S
M A D E , W H A T P E R I O D O F T I M E W A S T H E R E B E T W E E N T H E
T I M E T H E V I S I T W A S M A D E A N D T H E T I M E Y O U G O T T H E
J O B I N T H E L A B ?
A I D O N ' T K N O W . I W O U L D S A Y W I T H I N T WO W E E K S .
N O , E X C U S E M E - - I T W A S W I T H I N T W O W E E K S
M R . B O S L E Y C A L L E D M E A N D A S K E D ME I F I W A N T E D T H E
J O B , A N D E V E N A F T E R H E A S K E D M E I F I W A N T E D I T ,
I T W A S A C O U P L E O F M O N T H S B E F O R E I G O T I T .
Q A F T E R T H E T I M E M R . B O S L E Y C A L L E D Y O U I N A N D A S K E D
Y O U I F Y O U W A N T E D T H E J O B W E R E O T H E R P E R S O N S E M
P L O Y E D I N T H E L A B ?
E V E L Y N OVERHECK
O F F IC IA L CO U RT R E P O R T F .R
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A Y E S , THERE WERE.
Q HOW MANY PERSONS?
A I KNOW ONE FOR SURE, PROBABLY TWO.
Q DO YOU KNOW THEIR NAMES?
A NO, I DON’ T. ONE QUIT . THE OTHER ONE WAS PROB
ABLY SETTLEMEYER .
Q IS HE WHITE?
A YES .
Q HAVE YOU EVER ATTEMPTED TO F I L E A GRIEVANCE THROUGH
THE DEFENDANT UNION RE PRE SENTATIVES?
A Y E S , I HAVE. THAT WAS WHEN I WAS IN THE LABOR
GROUP.
Q WHAT WAS THIS GRIEVANCE ABOUT?
A WELL, MR. COLEMAN, THE LABOR FOREMAN, HAD CALLED
ME IN ONE DAY AND THEN I WAS SENT BACK HOME, AND
THE CONTRACT STATED I F YOU WERE CALLED IN YOU WOULD
BE GUARANTEED FOUR HOURS OF PAY REGARDLESS, AND I
F I L E D A GRIEVANCE TO THAT E F F E C T .
Q YOU WERE CALLED IN BY THE COMPANY?
A YES .
Q AND AFTER YOU GOT THERE THEY DIDN'T HAVE NEED OF
YOUR S E R V I C E S ; IS THIS WHAT HAPPENED?
A YES .
Q THEN YOU WERE SENT HOME?
A YES .
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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T O Y O U R K N O W L E D G E D I D T H E U N I O N F I L E T H E G R I E V A N C E
A N D G E T Y O U R F O U R H O U R S * P A Y ?
W E L L , T H E C H I E F S T E W A R D A T T H A T T I M E , H E F I L E D I T .
M R . J O H N S O N W A S S T E W A R D A T T H A T T I M E A N D H E F I L E D
I T W I T H T H E C H I E F S T E W A R D . T H E C H I E F S T E W A R D I N
T U R N T O L D ME T H A T H E D I D A L L H E C O U L D A N D T H E Y
W A S N ’ T G O I N G T O P A Y I T B E C A U S E T H E Y E X P E C T E D T H A T
I T W A S N ’ T A N Y W O R K T O B E P E R F O R M E D . Y O U S E E , I
W A S N ’ T E X P E C T I N G A N Y P A Y .
M R S . MC D O N A L D : N O T H I N G F U R
T H E R , Y O U R H O N O R .
T H E C O U R T : A L L R I G H T . C R O S S
E X A M I N A T I O N .
C R O S S E X A M I N A T I O N
B Y M R . B U R C H :
Q MR . 'V I T A L , S I N C E
K I N D O F T R A I N I N G
A W H A T K I N D O F T R A
Q Y E S , S I R .
A I T R A I N E D ON T WO
P I C K I N G U P S A M P L E S , R U B B E R S A M P L E S A N D L A T E X
S A M P L E S , A N D B R I N G I N G T H E M B A C K T O T H E L A B . T H E N ,
Y O U K N O W , M A R K T H E M T H R O U G H T H E M I L L A N D R U N N I N G
T H E M A C H I N E S , R U N N I N G T H E S A M P L E S .
E V E L Y N O V E R H E C K
O F F IC IA L CO U RT R E P O R T E R
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H A S T H E C O M P A N Y A S S I G N E D A N O L D E R L A B E M P L O Y E E
T O W O R K W I T H Y O U A N D S H O W Y O U T H E W A Y T H E J O B
O P E R A T E S ?
O H , Y E S . I N T H E B E G I N N I N G , Y O U M E A N ?
y e s , i n t h e b e g i n n i n g , i n f a c t , w a s a n o t h e r e m
p l o y e e A S S I G N E D T O T H E J O B O N O V E R T I M E O R S O M E
O T H E R B A S I S T O B E T H E R E W I T H Y O U W H I L E Y O U L E A R N E D
I D O N ' T T H I N K ON O V E R T I M E . I D O N ' T T H I N K S O .
A
Q
A
A
Q
A
Q
A
W A S T H E R E A N E X T R A MAN ON T H E J O B F O R A W H I L E ?
Y E S , T H I S I S T H E C U S T O M O F E V E R Y B O D Y T H A T C O M E S
I N T H E L A B .
HOW L O N G W A S T H A T C U S T O M F O L L O W E D , D O Y O U K N O W ,
I N Y O U R C A S E ?
I T H I N K A P P R O X I M A T E L Y T W O W E E K S . I T L A S T E D A
L I T T L E L O N G E R T H A N U S U A L B E C A U S E T H E Y W A S N ' T A
C E R T A I N T Y P E O F R U B B E R A T T H A T P A R T I C U L A R T I M E
A N D M R . A L B R E C H T W A N T E D ME T O S T A Y I N T R A I N I N G .
W H E N Y O U W O R K E D F O R A W H I L E A S A F O R K T R U C K O P E R A
T O R D I D Y O U H A V E A N Y D I F F I C U L T Y I N O P E R A T I N G T H E
T R U C K ?
N O T A T A L L .
W H E R E D I D Y O U W O R K D U R I N G T H A T T I M E ?
I N T H E B O X F A C T O R Y .
W A S Y O U R C L A S S I F I C A T I O N T H E N W A R E H O U S E L A B O R E R ?
I T W A S I N S H I P P I N G , I M E A N , S T O R E R O O M C L E R K .
---- ----------- “ E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
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THAT IS THE C L A S S I F I C A T I O N .
ALL RIGHT. AT THE TIME YOU WENT INTO THE JOB AS
STOREROOM CLERK WERE THERE ANY OTHER BLACK EM
PLOYEES IN THAT C L A S S I F I C A T I O N ?
A Y ES , ONE OTHER.
Q WHEN DID YOU GO INTO THAT C L A S S I F I C A T I O N OF STORE
ROOM CLERK?
A ABOUT THE 29TH OR 30TH OF DECEMBER, ' 6 5 , SOMETHING
L I K E THAT.
Q AND WHEN WERE YOU F I R S T EMPLOYED?
A ON THE 2 7 TH.
Q SO WERE YOU HIRED INTO THE LABOR DEPARTMENT?
A Y E S , I WAS.
Q THEN WERE YOU PUT IN THE JOB OF STOREROOM CLERK
WITHIN THREE OR FOUR DAYS?
A YES .
Q ALL RIGHT . AND HOW LONG DID YOU STAY ON THAT JOB?
A UNTIL APPROXIMATELY - - WELL, ABOUT THE LAST WEEK
OF JANUARY, WHICH WOULD HAVE BEEN ABOUT FOUR WEEKS,
F I V E WEEKS MAYBE.
ALL RIGHT. AND IS IT YOUR TESTIMONY THAT ONE DAY
YOU SHOWED UP AND SOME OTHER EMPLOYEE TOLD YOU THAT
YOU WERE GOING TO BE MOVED BACK TO LABOR?
NO, HE DIDN'T T E L L ME. HE PUT A NOTE ON MY TIME
CARD WHEN I PUNCHED OUT THAT NIGHT. WHEN I PUNCHED
\l 6 leu
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OUT THAT NIGHT THERE WAS A NOTE WITH MY TIME CARD
T E L L I N G ME TO RETURN TO THE LABOR GANG MONDAY
MORNING.
AND IT IS YOUR TESTIMONY DURING THE F I V E OR S IX
WEEKS YOU WERE WORKING AS STOREROOM CLERK YOU WERE
NEVER TOLD THAT YOUR WORK WAS UNSATISFACTORY?
I WAS NEVER TOLD.
AND YOU OPERATED THE TRUCK P E R F E CT L Y?
RIGHT.
WHEN YOU WERE MOVED INTO THE LAB AS I UNDERSTAND
IT MR. BOSLEY CALLED YOU AND TOLD YOU - - WHAT DID
HE SAY TO YOU WHEN HE CALLED ABOUT THAT JOB?
WELL, HE HAD MY CARD PULLED AND THE CARD HAD THE
NOTE THERE TO SEE MR. B O S LE Y. HE ASKED ME WOULD I
BE INTERESTED IN A JOB IN THE LA B . I TOLD HIM Y E S .
SO HE S A Y S, " T H I S IS NOTHING D E F I N I T E , BUT I TALKED
WITH MR. A L B RE CH T , THE LABORATORY FOREMAN. "
I THINK HE ASKED ME IF I COULD COME IN
A L I T T L E EARLY THE NEXT DAY, OR SOMETHING L I K E
THAT.
AND THE NEXT DAY THEN DID YOU INTERVIEW WITH MR.
ALBRECHT?
I DON'T R EC ALL IF IT WAS THE NEXT DAY, BUT WITHIN
THE NEXT FEW DAYS OR SO I DID TALK TO MR. ALBRECHT .
IS IT YOUR TESTIMONY IT WAS SOME EIGHTEEN MONTHS
-------------— ' E V E L Y N O VERHECK~
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YOU HAD BEEN GOING TO MR. BOSLEY FROM TIME TO
TIME ASKING ABOUT A TRANSFER?
A RIGHT.
Q HOW MANY TIMES DO YOU THINK YOU WENT TO MR. BOSLEY?
A I WOULD SAY APPROXIMATELY ONCE A MONTH.
Q ALL RIGHT. DID ANYTHING HAPPEN FROM THE LAST TIME
YOU WENT TO SEE HIM UNTIL THE TIME THAT HE CALLED
TO OFFER YOU THE JOB, EXCEPT THE E . E . O . C . I N V E S T I
GATION THAT YOU ARE TALKING ABOUT?
A DID ANYTHING HAPPEN L I K E WHAT DO YOU MEAN?
Q ANYTHING AT ALL HAPPEN BETWEEN YOU OR MR. BOSLEY
OR ANYONE EL SE WITH RESPECT TO YOUR WANTING A JOB?
A NOT THAT I CAN RECALL .
Q AND THE LAB JOB WAS ONE OF THOSE YOU INDICATED TO
HIM YOU WOULD L I K E TO HAVE, I S THAT CORRECT?
A Y E S . I HAD INDICATED TO HIM I WOULD L I K E TO TRY
ANY DEPARTMENT OTHER THAN LABOR, YES .
Q ALL RIGHT. DID YOU S P E C I F I C A L L Y MENTION THE LAB
TO HIM?
A YES .
Q WHEN DID YOU FI,RST MENTION THE LAB TO HIM, DO YOU
REMEMBER?
A I DON'T KNOW. L I K E I SAY, I WENT TO SEE HIM SO
MANY T IMES . I DIDN'T KNOW WHICH TIME S P E C I F I C A L L Y .
I DO REMEMBER MENTIONING IT TO HIM BECAUSE HE TOLD
E V E L Y N OVERHECK
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ME ABOUT I WOULD HAVE TO HAVE CHEMISTRY.
Q HAD YOU BEEN TO SEE HIM AS RECENTLY AS SAY A
MONTH BEFORE YOU WERE OFFERED THE JOB?
A I WOULD SAY SO. I WOULDN’ T JUST SAY PINPOINT A
MONTH, BUT I WOULD SAY Y E S .
Q ALL RIGHT. NOW, YOU T E S T I F I E D ABOUT THE TIME WHEN
YOU WERE BACK IN THE LABOR DEPARTMENT, AND AS I
UNDERSTAND YOUR TESTIMONY YOU SAY THAT WHITES
CAME INTO THE LABOR DEPARTMENT AND THEN TRANS
FERRED OUT, AND YOU HAVE GIVEN US TWO NAMES.
MR. GOYER, IS HE ONE OF THOSE WHO .TRANSFERRED OUT?
A YES .
Q THE ONLY OTHER NAME YOU GAVE US IS MR. MC ELROY.
A YES .
Q MR. MC ELROY WAS IN THE LABOR DEPARTMENT S T I L L AS
LATE AS THIS YEAR, WASN’ T HE?
A YES .
Q AND YOU HAD BEEN OUT AND IN THE LAB JOB FOR SOME
TIME?
A YES .
Q DURING THE TIME THAT YOU WERE IN THE LABOR DE
PARTMENT IS IT TRUE THAT BLACK EMPLOYEES ON SOME
OCCASIONS WERE HIRED INTO THE LABOR DEPARTMENT AND
THEN TRANSFERRED OUT?
A YES .
E V E L Y N OVERBECK
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Q AND ON THE QUESTION NOW OF OTHER PEOPLE HIRED INTO
THE LAB JOB, YOU HAVE GIVEN US THE NAME OF MR.
S ET T L EM EY ER .
A YES .
Q IS IT YOUR TESTIMONY HE WENT INTO THE LAB JOB
AFTER YOU TOLD MR. BOSLEY YOU WOULD L I K E TO HAVE
I T BUT BEFORE YOU STARTED?
A L I K E I SAY, I TALKED WITH MR. SETTLEMEYER . I DOUBT
I F HE HAS TOO MUCH SENIO RITY ON ME.
Q DO YOU KNOW I F MR. SETTLEMEYER EVER WORKED IN THE
COMPANY BEFORE?
A HE WORKED IN PRODUCTION BEFORE COMING WITH THE LAB.
I WAS EMPLOYED WITH THE COMPANY BEFORE HE WAS. IN
FACT, F I V E OR S I X OR SEVEN MEN THEY HIRED IN THE
LAB DURING THE TIME, ALL THIS TIME I 'M TRYING TO
GET OUT OF THE LABOR GROUP AND I WAS IN THE COM
PANY BEFORE THEM.
Q ALL RIGHT.
MR. BURCH: PASS THE WITNESS.
THE COURT: MR. WHEAT.
CROSS EXAMINATION
BY MR. WHEAT:
Q MR. V I T A L , I WANT TO ASK YOU ABOUT THE GRIEVANCE
YOU F I L E D . F I R S T , WHEN WAS T HI S?
E V E L Y N O V lil i H E C K
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I DON’ T KNOW, PROBABLY ' 6 6 , PROBABLY IN ' 6 6 .
WHO IS THE C H IE F STEWARD AT THAT TIME?
MARTY JACKSON.
ARE YOU T E LL I N G US THERE WAS A CONTRACT CLAUSE
IN FORCE AND E F F E C T THEN REQUIRING THE COMPANY TO
PAY YOU FOUR HOURS SHOW-UP PAY?
YES .
WHAT WERE THE CIRCUMSTANCES OF YOUR REQUESTING THAT
SHOW-UP PAY, MR. V I T A L ?
WELL, THE CIRCUMSTANCES, MR. COLEMAN CALLED ME AND
A
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ASKED ME DID I WANT TO WORK SOME OVERTIME.
HAD YOU WORKED A S H I F T ?
HAD I WORKED A S H I F T ?
YES .
THAT PARTICULAR DAY?
YES .
I DON’ T THINK SO.
WELL, WHEN YOU SAY HE ASKED YOU TO WORK OVERTIME,
MR. V I T A L , WHAT DO YOU MEAN? HAD YOU PUT IN EIGHT
HOURS?
I D IDN’ T QUESTION HIM AS TO WHAT HE MEANT. HE
SA I D , ’’ COME IN” , AND I CAME IN.
DID HE CALL YOU AT HOME?
Y E S , HE DID.
WHAT TIME OF THE DAY?
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I D O N ’ T R E M E M B E R W H A T T I M E O F T H E D A Y , B U T I H A D
T O B E O F F I F H E C A L L E D M E A T H O M E .
W A S I T M O R N I N G O R A F T E R N O O N ?
I D O N ’ T R E M E M B E R .
W H E N H A D Y O U M O S T R E C E N T L Y W O R K E D P R I O R T O T H E
T I M E H E C A L L E D Y O U ?
C O U L D N ' T H A V E B E E N O V E R T W O D A Y S . I W A S O N L Y O F F
T W O D A Y S P E R W E E K .
A L L R I G H T . N O W , A R E W E T A L K I N G A B O U T T H E C O N T R A C T
C L A U S E T H A T P R O V I D E S T H A T W H E N E M P L O Y E E S T H A T
H A V E L E F T T H E P L A N T A R E C A L L E D B A C K T O W O R K A F T E R
T H E I R R E G U L A R S H I F T H O U R S T H A T T H E Y W I L L B E P A I D
A M I N I M U M O F F O U R H O U R S ' P A Y ?
I S U P P O S E S O . T H A T W A S A B O U T ' 6 6 , I T H I N K , S O M E
T H I N G L I K E T H A T .
A L L R I G H T . A N D Y O U A R E S A Y I N G T H A T I T M I G H T H A V E
B E E N A C O U P L E O F D A Y S S I N C E Y O U H A D W O R K E D A T T H E
T I M E H E C A L L E D Y O U ?
I S A I D I T C O U L D N ’ T H A V E B E E N M O R E T H A N T W O . I AM
O N L Y O F F T WO D A Y S P E R W E E K . I T C O U L D H A V E B E E N O N E
D A Y . I D O N ' T R E M E M B E R A T T H E T I M E .
A L L R I G H T . Y O U F E L T T H A T Y O U S H O U L D T A K E T H E F O U R
H O U R S E X T R A P A Y O R S H O W - U P P A Y B E C A U S E Y O U H A D
B E E N C A L L E D B A C K T O W O R K A F T E R A R E G U L A R S H I F T ?
Y E S . ______________________________________________________
----------- — ~ E V E L Y N 0 V E l i B E C K ~~
O F F IC IA L CO U RT R E P O R T E R
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AND YOU INTERPRETED BEING CALLED BACK TO WORK
AFTER A TWO-DAY ABSENCE TO BE CALLED BACK AFTER A
REGULAR S H I F T ?
I DIDN'T SAY TWO DAYS. I SAID IT COULDN’ T HAVE
BEEN MORE THAN TWO.
I T COULDN'T HAVE BEEN MORE THAN TWO DAYS?
YES .
THIS IS THE CONTRACT CLAUSE WE ARE TALKING ABOUT?
I SUPPOSE SO. L I K E I SA I D , APPROXIMATELY 1966 ,
BUT IT COULD HAVE BEEN ' 6 7 . I DON'T KNOW.
ALL RIGHT.
BUT I AM SURE IT IS ON RECORD SOME PLACE BECAUSE
WE HAVE IT TYPED UP. I THINK THAT WAS MR. JOHNSON.
ANYWAY, IT WAS A WRITTEN AGREEMENT, IT WASN'T
VERBAL . IT WAS WRITTEN.
Y E S , S I R . I S N ' T IT TRUE THAT MR. JACKSON TOLD YOU
THAT HE COULD NOT COLLECT THE PAY FOR YOU BECAUSE
YOU HADN'T ACTUALLY WORKED THE S H I FT BEFORE THE
TIME YOU WERE CALLED BACK TO THE PLANT?
HE DIDN'T T E L L ME THAT.
HE D IDN'T T E L L YOU THAT IS THE REASON HE COULDN'T
FORCE THE COMPANY TO PAY YOU?
NO, HE D ID N 'T .
IS THAT THE ONLY GRIEVANCE YOU EVER F I L E D ?
I THINK SO. _______________
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O F F IC IA L CO U RT R E P O R T E R
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Q ALL RIGHT. NOW, YOU MENTIONED AN OCCASION WHEN
YOU REPORTED TO WORK AND FOUND A NOTE OR YOU WERE
AT WORK AND FOUND A NOTE ATTACHED TO YOUR TIME
CARD ADVISING YOU TO REPORT BACK TO THE LABOR
GANG. WHEN DID THAT OCCUR?
A THAT WAS LAST WEEK OF JANUARY OF ' 6 6 .
Q ALL RIGHT . AT THAT TIME WHO WAS YOUR CH IE F STEWARD?
A I DON'T REMEMBER. I THINK IT WAS MARTY JACKSON,
I B E L I E V E .
Q DID THAT HAPPEN BEFORE OR AFTER THE TIME YOU F I L E D
GRIEVANCE ABOUT THE FOUR HOURS' PAY?
A STATE THAT AGAIN?
Q DID THAT HAPPEN BEFORE OR AFTER THE TIME - -
A YOU MEAN THE NOTE ON MY CARD WAS BEFORE I F I L E D
THE GRIEVANCE?
Q YOU B E L I E V E YOUR CHIEF STEWARD WAS MR. JACKSON AT
THAT TIME?
A I B E L I E V E , I 'M NOT SURE.
Q DID MR. JACKSON REFUSE TO PROCESS THE GRIEVANCE BE
CAUSE OF YOUR BEING SENT BACK TO THE LABOR GANG?
A I THINK HE D IDN'T REFUSE TO PROCESS I T . HE
PROCESSED IT AND NOTHING BECAME OF I T .
Q DID HE PROCESS I T ?
A THAT IS WHAT HE SA ID . HE CAME AND TOLD ME WHAT
THE COMPANY TOLD HIM.
E V E L Y N O V ERBEC K
OFFICIAL COURT REPORTER
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Q H A V E Y O U P R E S E N T E D H I M W I T H A G R I E V A N C E A B O U T B E
I N G R E T U R N E D T O T H E L A B O R G A N G ?
A N O , I D I D N ' T .
Q Y O U D I D N ' T F I L E A G R I E V A N C E A B O U T T H A T W I T H H I M ?
A N O , I D I D N ' T . Y O U S E E , A T T H A T T I M E I D I D N ' T DO
I T B E C A U S E I D I D N ' T H A V E T H E S E N I O R I T Y . I N F A C T ,
I W A S N ' T A M E M B E R O F T H E U N I O N T H E N .
Q Y O U W E R E N ' T A M E M B E R O F T H E U N I O N ?
A N O .
Q A N D Y O U H A D T H E I M P R E S S I O N O R U N D E R S T A N D I N G T H A T
Y O U H A D T O B E A M E M B E R O F T H E U N I O N T O F I L E A
G R I E V A N C E ?
A W E L L , I D O N ' T T H I N K I H A D T H A T I M P R E S S I O N , B U T I
D I D N ' T F I L E O N E .
Q W H E N D I D Y O U B E C O M E A M E M B E R ?
A I D O N ' T K N O W . I T W A S A P P R O X I M A T E L Y T H R E E M O N T H S
A F T E R T H A T .
Q W A S T H A T B E F O R E O R A F T E R Y O U F I L E D T H E G R I E V A N C E
A G A I N S T M R . C O L E M A N ?
A Y O U M E A N T H I S C H A N G E O F J O B S ?
Q D I D Y O U B E C O M E A M E M B E R O F T H E U N I O N B E F O R E O R A F
A B E F O R E .
Q S O Y O U B E C A M E A M E M B E R O F T H E U N I O N B E T W E E N T H E
T I M E Y O U W E R E S E N T B A C K T O T H E L A B O R G A N G A N D T H E
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
_ 270a.
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TIME THAT YOU DIDN ’ T GET FOUR HOURS SHOW-UP PAY?
A YES .
Q AND THE ONLY REASON YOU DIDN’ T F I L E A GRIEVANCE
BECAUSE OF BEING RETURNED TO THE LABOR GANG WAS
BECAUSE YOU THOUGHT YOU DIDN’ T HAVE THE RIGHT TO
OR YOU WEREN'T A MEMBER?
A I DIDN’ T HAVE 90 DAYS OR I WOULD HAVE F I L E D I T .
Q YOU DIDN’ T HAVE 90 DAYS. WHAT DO YOU MEAN?
A WELL , YOU S E E , YOU HAVE THIS 90-DAY TRAINING PERIOD
I SHOULD SAY, 90 DAYS I N I T I A L PERIOD. I DIDN'T
HAVE THE 90 DAYS, SO I D IDN’ T F I L E I T .
Q MAY I TAKE IT FROM THAT YOU F E L T YOU DIDN'T HAVE
ANY GROUNDS FOR F I L I N G A GRIEVANCE?
A NO, I D IDN'T F E E L THAT WAY. I FE L T I HAD GROUNDS.
I FE L T I F I F I L E D IT I WOULD BE F I R E D .
Q YOU FE L T I F YOU F I L E D A GRIEVANCE YOU WOULD BE
F I R E D ?
A Y E S .
Q WHAT GAVE YOU REASON TO B E L I E V E THAT?
A I AM SAYING YOU HAVE THIS 90-DAY PERIOD WHERE THE
COMPANY HAS T H E .S A Y - S O . I ’ M SURE YOU KNOW WHAT
I 'M TALKING ABOUT. YOU DON’ T JOIN THE UNION UNTIL
YOU HAVE ACCUMULATED 90 DAYS.
Q THAT WAS YOUR UNDERSTANDING?
A Y ES .
E V E L Y N OVERHECK
O F F IC IA L CO U R T R E P O R T E R
. 271*.
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Q WHO TOLD YOU THAT OR HOW DID YOU GET THAT UNDER
STANDING?
A WELL, I T IS MY UNDERSTANDING THAT THE COMPANY HAS
THE RIGHT TO KEEP YOU OR TO LET YOU GO THE F I R S T
90 DAYS. THEY HAVE THE SAY-SO AS TO WHETHER YOU
ARE WORKING OUT OR NOT.
Q THIS IS IN THE F I R S T 90 DAYS OF YOUR EMPLOYMENT?
A Y E S , CHANGING FROM EACH DEPARTMENT. Y E S , S I R . IT
SURE WAS.
Q YOU F E L T FOR THAT REASON YOU SHOULD NOT F I L E A
GRIEVANCE OR IT WOULD NOT DO YOU ANY GOOD TO F I L E
A GRIEVANCE?
A RIGHT.
MR. WHEAT: PASS THE WITNESS.
RE DIRECT EXAMINATION
BY MRS. MC DONALD:
Q IS IT YOUR UNDERSTANDING, MR. V I T A L , THE F I R S T
90 DAYS WITH THE COMPANY YOU ARE A PROBATIONARY
EMPLOYEE?
A Y E S .
Q DOES THAT MEAN TO YOUR BEST UNDERSTANDING THAT
ONE, YOU CANNOT BECOME A MEMBER OF THE UNION, AND
THAT THE UNION DOES NOT HAVE ANY R E S P O N S I B I L I T Y TO
YOU DURING THAT 90-DAY PERIOD; IS THAT SO?
~~~~ E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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A Y E S , I T WAS MY UNDERSTANDING THEY DIDN'T HAVE ANY
R E S P O N S I B I L I T Y THE F I R S T 90 DAYS.
Q IS THAT WHY YOU DIDN'T F I L E A GRIEVANCE?
A YES .
MRS. MC DONALD: NOTHING FUR
THER, YOUR HONOR.
RECROSS EXAMINATION
BY MR. BURCH:
Q MR. V I T A L , WITH THAT UNDERSTANDING THE COMPANY
COULD HAVE TERMINATED YOUR EMPLOYMENT RATHER THAN
PUTTING YOU BACK IN THE LABOR DEPARTMENT?
A I GUESS THEY COULD HAVE.
MR. BURCH: THAT IS ALL I HAVE.
THE WITNESS: THAT I S , THE
F I R S T 90 DAYS.
THE COURT: ALL RIGHT. MR.
V I T A L , YOU MAY STEP DOWN.
THE COURT: THIS WILL BE A TERMINATING
POINT IN THE TESTIMONY THIS AFTERNOON. WE WILL RECON
VENE TOMORROW MORNING AT 1 0 : 0 0 AND RESUME THE TESTIMONY.
COURT WILL STAND ADJOURNED.
(ADJOURNMENT.)
E V E L Y N OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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193
DECEMBER 16, 1971
1 0 : 0 0 A.M. SESSION
THE COURT: MRS. MC DONALD.
MRS. MC DONALD: P L A I N T I F F CALLS
NATHANIEL BEAN.
NATHANIEL BEAN,
WITNESS CALLED BY AND IN BEHALF OF THE P L A I N T I F F , HAV
ING BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D
AS FOLLOWS:
DIRECT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, P L E A S E .
A NATHANIEL BEAN.
Q MR. BEAN, WHAT IS YOUR RACE?
A BLACK.
Q AND ARE YOU EMPLOYED BY GOODYEAR AT ITS HOUSTON
PLANT?
A YES .
Q HOW LONG HAVE YOU BEEN EMPLOYED?
A TWELVE YEARS NOW.
Q WHEN WERE YOU F I R S T EMPLOYED?
A IN '57 .
E V E L Y N OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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AND DID YOU WORK CONTINUOUSLY FROM THAT DATE?
A NO , I WAS LAID OFF .
Q I 'M SORRY - - YOU WERE LAID OFF?
A YES .
Q WHEN DID YOU RETURN TO THE COMPANY?
A I THINK - - WELL, IN ' 5 9 .
Q NOW, WERE YOU EMPLOYED I N I T I A L L Y IN THE LABOR DE
PARTMENT?
A Y E S . WELL, WAREHOUSE - - Y E S , LABOR.
Q WAREHOUSE LABOR?
A Y E S .
Q WHEN YOU RETURNED AFTER THE LAYOFF YOU WERE EM
PLOYED ALSO IN THE WAREHOUSE LABOR THEN?
A NO .
Q WHAT DEPARTMENT WERE YOU EMPLOYED IN?
A WELL, LABOR ON THE YARD.
Q YARDMAN?
A YES .
Q HOW LONG DID YOU WORK CONTINUOUSLY IN THE LABOR
DEPARTMENT AFTER YOU RETURNED IN '5 9 ?
A UP UNTIL TWO YEARS AGO.
Q WHAT HAPPENED TO YOU THEN?
A W E L L , I WAS TRANSFERRED INTO 1220 , WHICH IS STORE
ROOM CLERK .
Q IS THAT THE R EC E I V IN G AND STORES DEPARTMENT?
E V E L Y N O V E R B E C K
O F F IC IA L C O U R T R E F O R T UR
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YES .
AND YOU WERE TRANSFERRED THERE IN ABOUT 1969?
YES .
NOW, HOW DID YOU HAPPEN TO BE TRANSFERRED IN 1969?
WELL, I WAS HAVING TROUBLE ON THE YARD. MY
BROTHER, HE HAD A JOB DEALING WITH HEAVY MACHINERY,
AND I F E L T THAT I SHOULD HAVE HAD THE JOB F I R S T
BECAUSE I HAVE MORE S EN IO RI T Y THAN HE HAD, SO I
F I L E D GRIEVANCE AGAINST THAT.
I F E L T THAT I WAS MOVED OUT, YOU KNOW.
THE FOREMAN CAME AND ASKED ME DID I WANT TO MOVE
OUT INTO THE SHIPPING DEPARTMENT.
WHO WAS THE FOREMAN?
DEAN COLEMAN.
AND DID YOU T E L L HIM YES?
Y E S , I TOLD HIM I WOULD.
HAD YOU EVER TAKEN A T E S T , MR. BEAN?
Y E S , I HAVE.
WHEN DID YOU F I R S T TAKE THE TE ST ?
OH, I GUESS I T WAS IN *6 9 , I 'M SURE.
IS THAT THE F I R S T TIME THE COMPANY OFFERED YOU THE
TEST TO TAKE?
Y E S , I B E L I E V E I T WAS.
NOW, HOW FAR DID YOU GET IN SCHOOL?
TENTH.
E V E L Y N 0 V E l i H E C K
OFFICIAL COURT REPORTER
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NOW THAT YOU HAVE TRANSFERRED TO THE R ECE IV ING
AND STORAGE DEPARTMENT ARE THERE WHITE PERSONS
WHO ARE EMPLOYED?
YES .
IN R ECE IV ING AND STORES?
YES .
WHO HAVE LESS PLANT SEN IO RI T Y THAN YOU?
YES , THERE ARE.
BUT ARE ON THE D I V IS IO N S E N I O R I T Y L I S T , MEANING
THEY HAVE MORE D I V I S I O N S E N I O R I T Y ?
SOME, AND I HAVE THREE THAT DON’ T .HAVE .
NOW, HOW MANY WHITES IN THE RE CE IV IN G AND STORES
DEPARTMENT HAVE GREATER D I V I S I O N SEN IO RIT Y THAN
YOU IN THAT DEPARTMENT BUT LESS PLANT SE N I O R I T Y ?
I WOULD SAY E I G H T .
E IGHT?
E IG H T , I B E L I E V E .
ARE YOU A MEMBER OF THE UNION?
Y E S , 1 AM.
THE DEFENDANT IN THIS CASE?
YES .
HOW LONG HAVE YOU BEEN A MEMBER OF THE UNION?
I WOULD SAY FOR TWELVE YEARS.
HAVE YOU ATTENDED UNION MEETINGS?
Y E S , I HAVE.
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Q IN YOUR OPINION HAS THE UNION TREATED BLACK EM
PLOYEES WHO ARE IN THE BARGAINING UNIT D IFFERE NTLY
THAN WHITE EMPLOYEES?
A I THINK SO.
MR. WHEAT: OBJECT ION. THAT
CALLS FOR A CONCLUSION.
THE COURT: I WILL PERMIT THE
ANSWER, IN HIS OPINION.
A I THINK SO.
Q WOULD YOU EXPLAIN TO THE COURT WHAT IS THE BASIS
FOR THIS PO SI T IO N .
A BACK IN '58 OR *59 THE D - l BUILDING AT GOODYEAR - -
Q WHICH BUILDING?
A D - l .
Q WHAT DEPARTMENT IS THAT?
A I T ' S IN THE LABOR GROUP, WHICH OPERATORS AND LABOR,
YOU KNOW.
Q I T ’ S A COMBINATION, WHICH IS ONE OF THE BUILDINGS?
A Y E S , AND IN THAT BUILDING OPERATORS ALWAYS HAVE
CAME DOWN TO P I CK UP THE CHEMICALS AND TAKE THEM
UPSTAIRS TO MAKE UP THE CHEMICALS. THIS PARTICU
LAR DAY THE ELEVATOR BROKE DOWN AND THE OPERATORS
WOULDN'T COME DOWN AND PICK UP THE CHEMICALS SO
THE FOREMAN ASKED THE LABORERS TO CARRY I T UPSTAIRS
SO THE LABORERS DIDN'T AGREE WITH I T . THEY DIDN'T
E V E L Y N OVERHECK
O F F IC IA L CO U R T R E P O R T E R
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Q
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L I K E I T , SO THEY CALLED A S P E C I A L MEETING WITH THE
UNION.
THEN THEY MET AT AN OLD CHURCH IN THE
SMITH ADDITION, AND ONE OF THE LABORERS ASKED MR.
TEAGUE - -
PAUL TEAGUE?
YES - - ASKED HIM I F WE CARRY THE CHEMICAL UPSTAIRS
WE SHOULD BE ABLE TO OPERATE, AND HE SAID IN FACT
NO BLACKS SHOULD BE ABLE TO OPERATE.
I F E L T I WAS IN THE WRONG PLACE.
WHAT POSITION DID PAUL TEAGUE HAVE WITH THE UNION
AT THAT TIME?
SAME AS HE HAVE NOW.
NOW, AT ONE TIME DID YOU BELONG TO A D I V I S I O N OF
THE UNION THAT WAS COMPOSED OF BLACK PERSONS PRE
DOMINANTLY ?
NO.
TO YOUR KNOWLEDGE WAS THERE EVER A UNION CALLED
THE 3**70, AND THE 3**7 AND THEN 3**7A?
YES .
AND WERE YOU A MEMBER OF 3**7C?
c / Y E S , I B E L I E V E I T WAS.
YOU DON’ T REMEMBER EXACTLY?
NO.
MRS. MC DONALD: NOTHING FURTHER,
E V E L Y N O V E R B E C K
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YOUR HONOR.
THE COURT: I AM A L I T T L E CON
FUSED. WHAT IS 397A, B AND C? PER
HAPS I T WILL BE CLEARED UP. I JUST
RAISED THE POINT SO THAT I T IS CLEARED
UP AT SOME POINT BEFORE THE WITNESS
L E A V E S .
MRS. MC DONALD: I THINK THE
UNION CAN CLEAR IT UP. AT ONE TIME THERE
WAS A 397 AND A 397A FOR CERTAIN EM
PLOYEES , DEPENDING UPON THE JOB THEY
HELD, AND A 347C FOR CERTAIN EMPLOYEES,
DEPENDING UPON THE JOB THEY HELD.
THE COURT: ALL RIGHT . CROSS
EXAMINE, MR. BURCH.
MR. BURCH: MAY I HAVE A MO
MENT TO LOOK AT A DOCUMENT OTHER COUNSEL
HAVE .
THE COURT: YE S .
CROSS EXAMINATION
BY MR. BURCH:
Q MR. BEAN, L E T ’ S SEE I F I UNDERSTAND THE CIRCUM
STANCES. HOW LONG WERE YOU LAI D OFF BEFORE YOU
CAME TO WORK IN ' 5 9 ?
E V E L Y N OVEllHECK
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2 n a
A WELL, I WAS LAID OFF TWICE AND I HAVE LAID OFF
A YEAR EACH T IME , I ’ M SURE.
Q DO YOU KNOW WHETHER OR NOT YOU LOST YOUR SENIO RITY
WITH THE COMPANY BEFORE YOU CAME BACK IN ' 5 9 ?
A WELL, Y E S , I HAD TO. IN A SENSE I LOST T IME , Y E S ,
S I R .
Q ALL RIGHT. THROUGH NO FAULT OF YOUR OWN, BUT
WHEN YOU CAME BACK IN 1959 YOU STARTED WITH A
BRAND NEW COMPANY S E N I O R I T Y , DID YOU NOT?
A WELL, WHAT THEY GAVE ME WAS IN ’ 59 UP TO NOW, Y ES .
Q ALL R IGHT . NOW, DO YOU REMEMBER IN 1968 BEING
ASKED WHETHER OR NOT YOU WANTED TO TAKE THE TEST
AND BE CONSIDERED FOR A TRANSFER TO ANOTHER DE
PARTMENT?
A NO, I DON’ T REMEMBER.
Q DO YOU REMEMBER APPROXIMATELY WHEN YOU TOOK THE
TE ST?
A NO, NOT EXACTLY . I COULDN’ T GIVE YOU A DATE ON I T ,
NO.
Q WAS THERE A SUBSTANTIAL PERIOD OF TIME AFTER YOU
TOOK THE TEST UNTIL MR. COLEMAN ASKED I F YOU WANTED
TO TRANSFER?
A Y E S .
Q PO SS IBLY AS MUCH AS A COUPLE OF YEARS?
A NO.
E V E L Y N O V E R B U C K
O F F IC IA L CO U RT R E P O R T E R
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Q OVER A YEAR?
A OVER A YEAR, I*M SURE.
Q ALL RIGHT . DO YOU REMEMBER WHEN YOU F I R S T TOOK
THE TEST WERE YOU TOLD THAT YOU HAD NOT MADE A
PASSING SCORE?
A YES .
Q ALL RIGHT.
A THAT WAS BEFORE MR. BEAN TOLD ME, TOO.
Q THAT WAS OVER A YEAR BEFORE MR. COLEMAN TOLD YOU
THAT YOU COULD TRANSFER YOU WERE TOLD THAT YOU HAD
NOT?
A I WOULD SAY IT WAS ABOUT A YEAR AFTERWARDS, AFTER
I TOOK THE T E S T . I F E E L IT WAS ABOUT A YEAR AFTER.
Q ALL RIGHT . AND THE SEN IO RI T Y L I S T S INDICATE THAT
YOU WENT INTO THE STOREROOM CLERK JOB ON MARCH 4TH
OF 1970 . IS THAT ABOUT AS YOU REMEMBER I T ?
A YES .
Q WHEN YOU WENT INTO THAT JOB THERE WERE AT LEAST
TWO OTHER BLACK EMPLOYEES WHO WERE ALREADY IN THAT
DEPARTMENT, WEREN'T THERE?
A RIGHT .
Q MR. M. MURPHY AND MR. OTIS BAY?
A THAT'S RIGHT.
Q I WANT TO HAND YOU WHAT HAS BEEN I D E N T I F I E D AS
COMPANY E X H I B I T 10 AND ASK YOU TO LOOK AT THE THIRD
" “ E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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PAGE AND T E L L US WHETHER THAT IS YOUR SIGNATURE
AT THE TOP?
A YES , I T I S .
Q ALL R IGHT . DO YOU REMEMBER WHEN YOU TOOK THE
TEST , WERE YOU TOLD THAT YOU HAD SCORED TWO ON THE
T ES T ?
A I WASN'T TOLD ANYTHING.
Q YOU WERE TOLD THAT YOU HAD NOT PASSED I T , IS THAT
RIGHT?
A R IGHT .
Q NOW, JUST SO I CAN UNDERSTAND WHATHAPPENED WHEN
YOU TRANSFERRED OUT, YOU SAID THAT YOU HAD BEEN
HAVING SOME TROUBLE BECAUSE YOU F E L T YOUR BROTHER
HAD BEEN PUT ON THE HEAVIER MACHINERY JOB AND YOU
SHOULD HAVE HAD I T , I S THAT CORRECT?
A YES .
Q WHY DO YOU F E E L YOU SHOULD HAVE HAD THE JOB?
A IN A SENSE THEY TRAINED HIM TO OPERATE THE MACHINES
AND I FE L T L I K E BY ME HAVING MORE SEN IO RI T Y THEY
SHOULD HAVE TRAINED ME F I R S T .
Q WHEN WAS YOUR BROTHER F I R S T EMPLOYED BY THE COMPANY'
A I CAN'T REMEMBER EXACTLY, BUT HE SHOULD HAVE ABOUT
S I X YEARS NOW.
Q WELL, WHAT DEPARTMENT IS HE IN TODAY?
A LABOR.
E V E L Y N O V E R B E C K ~
O F F IC IA L CO U R T R E P O R T E R
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IS HIS NAME J . W. BEAN?
RIGHT .
WAS HE HIRED ABOUT 1965?
I B E L I E V E HE WERE.
AND HE HAD BEEN ASSIGNED TO OPERATE A P I E C E OF
HEAVY EQUIPMENT?
RIGHT .
THAT WAS THE JOB THAT WAS FORMERLY PERFORMED BY
EMPLOYEES IN THE LABOR DEPARTMENT, WASN'T I T ?
RIGHT .
HAVE YOU COMPLAINED TO MR. COLEMAN ABOUT T H I S ?
Y E S , I DID.
MR. COLEMAN UNDERSTOOD PRETTY D E F I N I T E L Y YOU WERE
PRETTY UNHAPPY ABOUT THAT?
___________ ____________________________________20J_
I 'M SURE HE WAS.
T E L L US AS WELL AS YOU REMEMBER WHAT MR. COLEMAN
SAID TO YOU WHEN HE TOLD YOU ABOUT THE OPPORTUNITY
TO TRANSFER?
OPPORTUNITY TO TRANSFER? HE CAME TO ME AND I WAS
OPERATING A TRACTOR AT THE T IME . HE ASKED ME DID
I WANT TO DRIVE A TOW MOTOR. I SAID Y E S .
HE S A ID , "COME ON AND GO WITH ME ." I WEN!
WITH HIM TO THE WAREHOUSE. THAT IS WHERE MR. BOSLEY
WORKED. HE AND MR. BOSLEY DISCUSSED I T , OF ME
TRANSFERRING ONLY, SO IT WAS OKAY AS FAR AS I KNOW.
—---------------E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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Q
A
Q
A
Q
A
A
Q
A
Q
A
Q
HE TOOK ME BACK DOWN AND I STARTED WORK
ING ON THE TOW MOTOR, STARTING THAT DAY.
WAS THAT ALL RIGHT WITH YOU?
Y E S , I T WAS ALL RIGHT.
WAS THE WAREHOUSE JOB ONE THAT SAY BEFORE 1962 HAD
BEEN AN ALL-WHITE GROUP?
THE WAREHOUSE?
Y E S , S I R .
NO, IT WAS ALL SLACK. I 'M TALKING ABOUT THE LABOR
GROUP IN THE WAREHOUSE.
I 'M TALKING ABOUT THE TOW MOTOR JOB YOU UERE TRANS
FERRED TO.
NO, IT WEREN'T ALL WHITE. WE HAD TWO BLACKS.
I AM SAYING THIS YEARS PAST AS FAR BACK MAYBE AS
19 6 0 , FOR EXAMPLE, WHEN YOU F I R S T CAME TO WORK
WERE THERE ANY BLACKS IN THE STOREROOM CLERK JOB?
NO, ALL WHITE.
DID YOU GET AN INCREASE IN WAGES WHEN YOU TOOK THE
TOW MOTOR JOB?
YES .
ALL R IGHT . THANK YOU.
MR . BURCH: PASS THE WITNESS.
THE c o u r t : MR. WHEAT.
MR . WHEAT: THANK YOU, YOUR
HONOR.
EVELYN OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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CROSS EXAMINATION
BY MR. WHEAT:
Q YOUR NAME IS NATHANIEL BEAN?
A YES .
Q AND WE HAVE HEARD SOME TESTIMONY ABOUT YOUR BROTH
ER , WHO IS J . W. BEAN.
A YES .
Q IS THERE ANOTHER MR. BEAN AT THE COMPANY NAMED
CHARLES BEAN?
A Y E S , S I R .
Q ARE YOU RELATED TO HIM?
A THAT IS MY BROTHER.
Q HE IS ALSO YOUR BROTHER?
A YES .
Q AND IS HE THE CHARLES BEAN WHO IS A STEWARD, AN
O F F IC E R OF THE UNION IN THIS CASE?
A AS FAR AS I KNOW.
Q ALL R IGHT . WHEN DID YOUR BROTHER CHARLES BEAN GO
TO WORK FOR THE COMPANY?
A NOW, HE 'S BEEN THERE ABOUT F I V E YEARS, I B E L I E V E .
I DON'T KNOW EXACTLY.
Q HE HASN'T BEEN THERE AS LONG AS YOU HAVE?
A NO.
Q ALL RIGHT. NOW, MR. BEAN, I AM A L I T T L E CONFUSED
ABOUT THE GRIEVANCE THAT YOU F I L E D BECAUSE YOU WERE
E V E L Y N OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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IS
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MOVED OUT OF THE DEPARTMENT. WOULD YOU GIVE ME A
L I T T L E MORE D E T A I L .
A BECAUSE - - NO.
q DID YOU SAY YOU F I L E D A GRIEVANCE?
A NOT ABOUT MOVING OUT.
Q WHAT DID YOU F I L E A GRIEVANCE ABOUT?
A WORK AND OVERTIME MY BROTHER WAS GETTING ON THE
MACHINERY.
WHICH BROTHER?
J • W .
AND THE NATURE OF THE GRIEVANCE WAS THAT YOUR
BROTHER, J . W. BEAN - -
A YES .
- - WAS GETTING SOME WORK THAT YOU FE L T YOU WERE
EN TI TLE D TO?
A RIGHT .
ALL RIGHT . NOW, AT THAT TIME EXACTLY WHAT WORK
WERE YOU DOING?
JUST COMMON LABOR WORK, WHICH WAS OPERATING THE
TRACTOR AT THE TIME.
EXACTLY WHAT WAS YOUR BROTHER J . W. DOING?
OPERATING HEAD OF MACHINERY, OVERHEAD CRANE.
WHO DID YOU F I L E THE GRIEVANCE WITH?
A R. L . JOHNSON.
0 WHAT HAPPENED AFTER T HI S?
E V ELYN OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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A NOTHING AS I KNOW OF.
Q ALL R IGHT . NOW, WHEN WAS IT THAT MR. TEAGUE TOLD
YOU THAT?
A HE DIDN’ T JUST T E L L ME. HE TOLD THE WHOLE GROUP
THERE IN THE MEETING.
Q WERE YOU THERE?
A YES , I WAS.
Q WHEN WAS IT THAT MR. TEAGUE TOLD THE GROUP A BLACK
SHOULDN'T - -
A I WOULD SAY '58 OR ' 5 9 .
THE COURT: THERE IS SOME
D I F F I C U L T Y . MR. WHEAT, IN GETTING DOWN
THE TESTIMONY. I WISH YOU WOULD SLOW
UP YOUR QUESTIONS AND SEPARATE THEM
FROM THE ANSWERS
MR. WHEAT: I 'M SORRY
Q NOW, MR. BEAN, WAS THIS A GENERAL MEMBERSHIP
MEETING?
A I T WAS A S P E C I A L MEETING
Q MR. BEAN
A IT WAS AN ALL-DLACK MEETING
Q WOULD YOU HOLD YOUR ANSWER UNTIL I F I N I S H THE QUES
TION SO THE REPORTER CAN GET IT
A I 'M SORRY
Q WAS THIS A GENERAL MEMBERSHIP MEETING WHEN MR
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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A
Q
A
TEAGUE SAID T H I S ?
NO, I WOULDN'T SAY SO.
WHAT KIND OF A MEETING WAS I T ?
I T WAS - - THE GUYS, ALL BLACK, ASKED FOR A S P E C I A L
MEETING AND THEY MET IN THE CHURCH. THE ONLY WHIljE
THAT WAS THERE WAS MR. TEAGUE AND THE OTHER FELLOW.
THIS OTHER GUY, HE GOT UP AND ASKED, SAY
I F WE TOOK THE CHEMICAL UP WE SHOULD BE ABLE TO
OPERATE. HE DIDN'T GET UP, BUT HE SAID HE D IDN'T
THINK THAT ANY BLACKS SHOULD BE ABLE TO OPERATE.
THAT IS WHAT MR. TEAGUE SAID?
THAT IS WHAT HE SAYS.
ARE THOSE THE WORDS THAT HE USED?
AS FAR AS I KNOW THAT'S THE WORDS HE USED.
WERE YOU THERE AND L I S T E N I N G ?
RIGHT THERE.
YOU'RE TELL ING US EXACTLY WHAT YOU HEARD?
NO, I WAS THERE. THAT IS WHY I QUIT GOING.
I 'M ASKING YOU WHETHER OR NOT YOU ARE TELL ING US
I F YOU HEARD THIS WITH YOUR OWN EARS AND YOU WERE
PRESENT AT THE MEETING?
THAT’ S RIGHT .
what WORDS DID MR. TEAGUE USE?
WHAT WORDS DID HE USE? HE SAID HE D IDN ’ T THINK
ANY BLACKS SHOULD BE ABLE TO OPERATE, SO THAT WAS
E V E L Y N O V E R B E C K
O F F IC IA L COURT REPORTER
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Q
A
Q
A
Q
A
Q
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Q
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Q
A
THAT.
OPERATE THE MACHINE?
OPERATE IN THIS BUI LD ING , I GUESS. HE JUST SAID
"TO BE ABLE TO OPERATE" , PER IOD.
ARE YOU REAL SURE HE USED THE WORD "BLACK"?
ANY NEGRO - - I ’ M SORRY. HE SAID ANY NEGRO SHOULDN’ T
BE ABLE TO OPERATE.
HE SAID HE DIDN’ T THINK ANY NEGRO SHOULD BE ABLE
TO OPERATE THE MACHINE?
HE DIDN'T SAY MACHINE, JUST OPERATE.
ARE YOU SURE ABOUT THE WORD NEGRO?
I AM SURE.
YOU ARE P O S I T I V E HE SAID NEGRO?
I AM SURE.
ARE YOU SURE HE D IDN’ T SAY LABORER OR LABOR DEPART
MENT?
HE D IDN’ T SAY THAT.
Q MR. BEAN, FROM TIME TO TIME THERE ARE D IFFERENCES
BETWEEN THE COMPANY AND THE UNION AS TO WHICH EM
PLOYEES AND IN WHICH DEPARTMENT SHOULD DO PARTICUL
WORK. YOU ARE FAMILIAR WITH THAT, AREN'T YOU?
A Y E S .
Q AND SOMETIMES THESE ARE CALLED J U R IS D I C T I O N A L D I S
PUTES OR DISPUTES OVER THE ASSIGNMENT OF WORK?
A RIGHT.
E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
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Q I S N ' T THAT TRUE? AND SOMETIMES IT MIGHT INVOLVE
WHETHER OR NOT THE EMPLOYEES IN THE PRODUCTION
DEPARTMENT OR THE EMPLOYEES IN SOME OTHER DE
PARTMENT MIGHT DO A PARTICULAR TYPE OF WORK. WERE
YOU WORKING FOR THE COMPANY?
A Y E S , I WAS.
Q IN 1967 IN THE SPRING?
A IN ' 6 7 , SURE.
Q DO YOU REMEMBER A GRIEVANCE THAT WAS F I L E D BY THE
UNION WHEREIN THE UNION WAS ATTEMPTING TO FORCE
THE COMPANY TO ASSIGN SOME PARTICULAR WORK TO THE
LABORER FOR THE LABOR DEPARTMENT RATHER THAN TO
THE PRODUCTION DEPARTMENT?
A NO, I DON'T REMEMBER.
Q DO YOU REMEMBER THAT CASE?
A NO, I DON'T.
Q DO YOU REMEMBER A PROBLEM ABOUT THE ASSEMBLING OF
SOME WOODEN BOXES IN THAT PERIOD OF TIME?
A YES .
Q DO YOU REMEMBER THE PROBLEM?
A I WAS IN THERE . '
Q ALL RIGHT. ARE YOU FAMILIAR WITH THE FACT THAT
THERE WAS A GRIEVANCE F I L E D OVER THE WOODEN BOXES,
THE WORK OF THE WOODEN BOXES?
A NO, I WASN'T AWARE OF I T .
E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
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Q DOES CONTINENTAL BOXES MEAN ANYTHING TO YOU?
A CONTINENTAL? YES , S I R .
Q DOES THAT REFRESH YOUR MEMORY?
A THEY HAVE THEM, BUT AS FAR AS THE OTHER DEAL I
DON• T REMEMBER ANY OF I T .
Q ALL RIGHT. MR. BEAN, YOU DON’ T HAVE ANY KNOWLEDGE
THEN OF THE CASE THAT WAS CARRIED TO ARBITRATION
OVER WHETHER OR NOT THE LABORERS SHOULD GET THAT
WORK?
A NO, I CAN'T REMEMBER BACK THEN.
Q MR. BEAN, I S N ' T IT TRUE THAT IN THE MEETING THAT
YOU HAVE TOLD US ABOUT WHEREIN MR. TEAGUE USED THE
WORD "BLACK" OR I B E L I E V E YOU SAID NEGRO?
A NEGRO.
Q THAT THE QUESTION WAS SIMPLY WHETHER OR NOT THE EM
PLOYEES IN THE LABOR DEPARTMENT OR THE EMPLOYEES IN
ANOTHER DEPARTMENT WOULD DO THAT PARTICULAR WORK,
I S N ' T THAT TRUE?
A SAY THAT AGAIN. I D IDN'T UNDERSTAND.
Q I S N ’ T IT TRUE THAT IN THE MEETING THAT YOU HAVE
TOLD US ABOUT THE QUESTION WAS WHETHER OR NOT THE
LABOR DEPARTMENT WOULD DO THIS WORK OR WHETHER OR
NOT SOME OTHER DEPARTMENT WOULD DO I T ?
A FROM MY UNDERSTANDING THEN I T ' S NEARLY THE SAME
THEN AS IT IS NOW. AFTER HE SAID THAT, WELL, I
E V E L Y N OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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Q
A
Q
A
F E L T L I K E I WAS IN THE WRONG P L A C E .
MR. B E A N , ARE YOU T E L L I N G US UNDER OATH WHAT WAS
UNDER D I S C U S S I O N AT THAT M E E T I N G WAS WHETHER OR
NOT BLACK P E O P L E OR WHI TE P E O P L E WOULD DO THAT
WORK; I S THAT YOUR T E S T I M O N Y ?
NO, I D I D N ' T SAY T HA T . I S A I D I S T I L L F E E L THE
SAME ABOUT WHAT HE HAD S A I D T H E R E . THAT I S THE
REASON WHY I Q U I T GOING TO THE M E E T I N G S . SO THAT
WAS MY ANSWER R I G H T T H E R E .
A L L R I G H T . NOW, YOU S T A T E THAT THE UNION H A S N ' T
T R E A T E D B LA C K S AS W E L L AS W H I T E S . CAN YOU G I V E US
AN EXAMPLE OF WHAT YOU B A S E THAT ON?
NO, J U S T MY B E L I E F ON WHAT I HAVE S E E N . THAT I S
THE REASON I GWE THAT ANSWER.
CAN YOU T E L L US ABOUT ANYTHING YOU HAVE S E E N ?
W E L L , L I K E MY A G RE E M E N T , WHATNOT, AS FAR AS I AM
CONCERNED THEY D I D N ' T DO ANYTHI NG ABOUT I T .
WHICH ONE WAS THAT?
THE O V E R T I M E MY BROTHER WAS P U T T I N G IN ON THE
OVERHEAD C RA N E .
YOU F E E L THE UNION WAS D I S C R I M I N A T I N G A G A I N S T YOU
IN FAVOR OF YOUR B ROT HE R?
NOT D I R E C T L Y . I F E L T T H E R E WAS SOME S U P E R V I S O R ' S
F A U L T .
THE COURT : T H E R E WAS F A U L T ?
E V E L Y N 0 V E R B E C K
o f f i c i a l c o u r t r e p o r t e r
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THE WITNESS: I F E L T L I K E IT
WAS WITHIN THE SUPERVISORS , THE REASON
WHY I DIDN'T GET THE OVERTIME.
Q THE EXAMPLE YOU GI VE US, THEY WERE TRAINING YOUR
BROTHER TO DO SOMETHING AND DIDN'T TRAIN YOU TO
DO I T .
A RIGHT.
Q YOU F E E L THAT IS RACIAL DISCRIMINATION?
A NO, I WOULDN'T SAY SO, BUT I FE L T L I K E THE UNION
SHOULD HAVE DID SOMETHING ABOUT THAT.
Q AND THAT IS WHAT YOU BASE YOUR TESTIMONY ON OR
YOUR OPINION ON, THAT THE UNION DIDN’ T DO AS MUCH
FOR THE BLACKS AS THEY DID FOR THE WHITES?
A WELL, YE S .
MR. WHEAT: THANK YOU, S I R .
I PASS THE WITNESS.
THE COURT: MRS. MC DONALD.
R E D I R E C T E X A M I N A T I O N
B Y M R S . MC D O N A L D :
Q M R . B E A N , M R . C O L E M A N WHO I S T H E S U P E R V I S O R I N T H E
L A B O R D E P A R T M E N T - -
A R I G H T .
Q - - HOW D O E S H E A S S I G N J O B S W I T H I N T H E L A B O R D E P A R T
M E N T ? I N O T H E R W O R D S , T H E R E A R E A N U M B E R O F D U T I E S
E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
- - 294 /?
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A
Q
WITHIN A PARTICULAR LABOR CATEGORY AND SOME ARE
DIFFERENT D U T I E S , SOME ARE IN S ID E AND SOME ARE
OUTSIDE .
RIGHT.
HOW DOES MR. COLEMAN ASSIGN PERSONS TO THOSE JOBS
DURING THE TIME THAT YOU WERE IN THE LABOR DEPART
MENT?
MR. BURCH: YOUR HONOR, I
WOULD L I K E TO OBJECT JUST TO PRESERVE
THE RECORD HERE. WE ARE NOW TALKING ABOU
A GROUP WITHIN WHICH I DON'T THINK THERE
I S ANY CLAIM OF RACIAL DISCRIMINATION
AND WE HAVE SPENT A GOOD B I T OF TIME
TALKING ABOUT JU R IS D I C T I O N A L D IS PU T ES .
I THINK THE QUESTION OF HOW JOBS ARE AS
SIGNED AMONG LABORERS IS IRRELEVANT TO
THE LAWSUIT.
THE COURT: LET ME SAY T H I S :
THERE IS NO WAY THE COURT CAN KNOW FROM
READING YOUR MEMORANDUM AND FROM L I S T E N
ING TO THE TESTIMONY AS TO THE P R E C I S E
SCOPE OF INQUIRY THAT OUGHT TO BE
PROPER IN THIS LAWSUIT. THE COURT HAS
TO RELY TO A GREAT EXTENT ON THE ATTOR
NEYS. I HAVE GIVEN YOU CONSIDERABLE
T
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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LATITUDE TO DEVELOP THE S U I T , BUT I
WOULD ASK YOU NOT GO DOWN AVENUES OF
INQUIRY THAT DON'T BEAR UPON THE ISSUES
IN THE S U I T . I F I T DOES BEAR UPON I T ,
MRS. MC DONALD, I WILL PERMIT YOU TO
PURSUE THE L IN E OF INQUIRY. I F HIS OB
JE CT IO N IS A VALID ONE, I ASK YOU MOVE
ON.
Q I F I COULD ASK ONE QUESTION, THAT I S , WHETHER MR.
COLEMAN ASSIGNED JOBS BASED ON A PERSON'S PLANT
S E N I O R I T Y .
A NO.
Q NOW, THIS MEETING THAT YOU REFER TO WHERE MR.
TEAGUE WAS PRESENT, WAS THE PURPOSE OF THE MEETING
TO COMPLAIN TO THE UNION ABOUT THE FACT THAT LABOR
ERS WERE DOING WHAT THEY FE L T WERE A PART OF
OPERATOR'S JOBS?
A YES .
Q DID THE MEN SAY THAT NIGHT I F THEY WERE GOING TO
DO A PART OF THE IR JOB THEY SHOULD BE C L A S S I F I E D
AS OPERATORS; IS THAT WHAT THEY WERE ASKING FOR?
A WELL - -
MR. WHEAT: OBJECTION AS TO THE
LEADING NATURE OF THE QUESTION.
THE COURT: Y E S . I THINK YOU
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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ARE LEADING YOUR WITNESS.
Q IN YEARS GONE BY, MR. BEAN, S P E C I F I C A L L Y IN 1959,
DID YOU REFER TO YOURSELF AS A BLACK OR AS A NEGRO
AT THAT PARTICULAR TIME?
A NEGRO AT THAT T IME .
MRS. MC DONALD: NO FURTHER
QUESTIONS, YOUR HONOR.
THE COURT: ANY FURTHER QUES
TIONS OF THIS WITNESS
MR. BURCH: NO, YOUR HONOR.
THE c o u r t : ALL RIGHT. YOU
MAY STEP DOWN, MR. BEAN.
THE COURT: CALL YOUR NEXT WITNESS.
MRS. MC DONALD: CHARLES H. B FAN.
E V E L Y N OVERBECK
O F F IC IA L COUHT ItE P O R T E K297/?
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111
CHARLES H. BEAN,
WITNESS CALLED BY AND IN BEHALF OF P L A I N T I F F , HAVING
BEEN F I R S T DULY SWORN, WAS EXAMINED AND T E S T I F I E D AS
FOLLOWS:
DIRECT EXAMINATION
BY MRS. MC DONALD:
Q WOULD YOU STATE YOUR NAME, PL EA S E .
A CHARLES BEAN.
Q MR. BEAN, WHAT IS YOUR RACE?
A BLACK.
Q MR. BEAN, ARE YOU EMPLOYED WITH GOODYEAR AT ITS
HOUSTON PLANT?
A YES .
Q WHEN WERE YOU F I R S T EMPLOYED?
A 2 - 9 - 6 6 .
Q WERE YOU EMPLOYED I N I T I A L L Y IN THE PRODUCTION DE
PARTMENT?
A YES .
Q AND TO WHAT JOB C L A S S I F I C A T I O N ?
A BALER HELPER .
Q ARE YOU A STEWARD WITH THE UNION?
A Y E S , I AM RIGHT NOW.
Q HOW FAR DID YOU GET IN SCHOOL, MR. BEAN?
A COMPLETED TWELFTH GRADE.
E V E L Y N O Y E R H E C K
O F F IC IA L CO U R T R E P O R T E R
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Q
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DO YOU HAVE A HIGH SCHOOL DIPLOMA?
YES .
NOW, WHEN YOU A PPL IE D FOR A JOB WITH THE COMPANY
DID YOU TAKE THE T E S T S ?
YES .
AND WERE YOU ADVISED OF THE RESULTS OF THE T E S T S ?
YES .
WHAT WERE YOU TOLD?
WELL, I TOOK THE TESTS TWICE. I TOOK THE TEST
F I R S T , I B E L I E V E , IN *64 OR *6 5 . ' 6 5 , I B E L I E V E .
THEY SAID I FA I L E D THE T E S T . THEN I TOOK IT AGAIN
IN THE EARLY PART OF ' 6 6 , AND MR. BOSLEY SAID I
PASSED.
NOW, MR. BEAN, DO YOU HOLD A POSITION WITH A COM
MITTEE AT GOODYEAR?
YES .
WHAT IS THE NAME OF THIS COMMITTEE?
IT IS EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE FOR
MINORITY GROUP, B I - R A C I A L COMMITTEE.
WHEN WAS THIS COMMITTEE FORMED?
AFTER SEPTEMBER, RIGHT AFTER THE S T R I K E . MR. VAN
OS DAL L SAY IT WAS OKAY FOR US TO HAVE THE COMMITTEE
RIGHT AFTER THE S T R I K E .
WHAT POSITION DO YOU HOLD WITH THE COMMITTEE?
CHAIRMAN.
E V E L Y N OVERBECK
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Q NOW, WHEN WAS THE COMMITTEE F I R S T FORMED?
A YOU MEAN WHEN DID WE START GETTING I T TOGETHER?
Q RIGHT.
A I ' L L SAY AROUND A P R I L OF MAY.
Q OF THIS YEAR , 1971?
A YES .
Q AND WHEN DID THE COMMITTEE BEGIN TO HAVE MEETINGS,
I F THEY HAVE HAD ANY WITH THE COMPANY?
A WELL, L E T ' S S E E , IT WAS BEFORE THE S T R I K E , SO I
WILL SAY THE S T R I K E WAS AUGUST, SO I ' L L SAY JUNE
MAYBE. I THINK MAYBE JUNE, TWO OR THREE MEETINGS
WITH THE COMPANY BEFORE WE GOT THE COMMITTEE.
Q NOW, HAD YOU OR ANOTHER O F F I C I A L OF THE B I - R A C I A L
COMMITTEE CONTACTED AN O F F I C I A L OF THE COMPANY
PRIOR TO JUNE OF 1971?
A ABOUT THE COMMITTEE?
Q YES .
A NONE OTHER THAN TELEPHONE C A LL S .
Q YOU T E S T I F I E D E A R L I E R THAT MR. VAN OSDALL HAD LET
THE COMMITTEE BE FORMED.
A Y E S .
Q WHAT DO YOU MEAN BY THAT?
A HE PUT IN WRITTEN FORM TO HAVE THE COMMITTEE, PRO
POSAL TO HAVE THE COMMITTEE.
Q WHY WAS THE B I - R A C I A L COMMITTEE FORMED?
E V E L Y N O V E R H E C K
O F F IC IA L CO U R T R E P O R T E R
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A BECAUSE THE MINORITY FELT WE WEREN'T BEING R EPR E
SENTED BY THE UNION AND WE WANTED TO HAVE A VOICE
TO SPEAK WITH THE COMPANY IN ORDER TO MAYBE DO
AWAY WITH UNNECESSARY COMPLAINTS THAT GO TO THE
EQUAL EMPLOYMENT COMMISSION, TO THRASH OUT THE KIND
OF RUMORS THAT E X I S T IN THE PLANT ABOUT THE MIN0RI7
GROUPS, BAS ICA LL Y JUST TO REPRESENT THE MINORITY
GROUPS.
Q HOW MANY PERSONS ARE ON THIS B I - R A C I A L COMMITTEE?
A AT THE PRESENT, F I V E .
Q NOW, YOU HAVE T E S T I F I E D THAT ONE PURPOSE OF THE
FORMATION OF THE COMMITTEE WAS TO GET REPRESENTA
TION FOR M IN O R IT IE S BECAUSE YOU F E L T THE UNION WAS
NOT REPRESENTING THEM.
A Y E S .
Q COULD YOU GIVE THE COURT SOME EXAMPLES OF THINGS
THAT THE UNION FAI LED TO DO THAT YOU AS CHAIRMAN
OF THE COMMITTEE F E L T WAS BECAUSE OF THE RACE OF
THE INDIVIDUALS INVOLVED?
A YOU MEAN THE THINGS - - I THINK THE UNION F A I L E D TO
PROPERLY HANDLE THE GRIEVANCE PROCEDURES. I THINK
IN SOME CASES THEY WEREN'T PROCESSED. I THINK THAT
THE UNION DIDN'T BARGAIN C O L L E C T I V E L Y . I THINK THA
IS PART OF THE UNION'S POWER, TO BARGAIN CO LL EC T
I V E L Y RATHER THAN GOING IN WITH THE GRIEVANCE AND
E V E L Y N O V E I I B E C K
O F F IC IA L CO U R T R E P O R T E R
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SUBMITTING IT TO THE COMPANY AND THEN THE COMPANY
OUST MAKE AN ANSWER. I THINK THEY SHOULD BARGAIN
ON I T , USE THE IR BARGAINING POWERS IN ORDER TO
COME UP WITH SOMETHING THAT IS FUNCTIONAL FOR THE
GRIEVANCE. I THINK THAT IS THE BASE OF THE THING.
Q WHEN YOU WERE CALLING S P E C I F I C EXAMPLES WHERE THE
UNION F A I L E D TO PROCESS GRIEVANCES FOR MINORITIES
YOU F E L T SHOULD HAVE BEEN PROCESSED?
A YOU MEAN ACTUALLY A GRIEVANCE THAT WAS GIVEN TO
THE UNION AND NOT BEING PROCESSED TO WHERE I FEL T
I T WAS RIGHT?
Q WELL, THAT AND ANYTHING E L S E THAT THE UNION HAS
DONE WITH RESPECT TO FAILUR E TO GRIEVE FOR MINORI
TY EMPLOYEES.
A Y E S . I F I L E D ONE IN PARTICULAR THAT WAS CONCERNING
THE BUMP RIGHT.
THE COURT: WHAT WAS THAT?
THE WITNESS: THAT WAS CONCERNI
A BUMP RIGHT.
Q B-U-M-P?
A YES .
Q WHAT IS A BUMP RIGHT?
A WELL, THIS IS WHERE YOUR SE N IO RI T Y COME IN, AND
IN THIS PARTICULAR CASE THIS GUY WAS DISQU ALI FY ING
HIS S E L F OFTEN THIS PARTICULAR JOB, E ITHER WAS
EVELYN OVERBECK
OFFICIAL COURT REPORTER
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D I S Q U A L I F Y I N G H I M S E L F O R T H E C O M P A N Y W A S D I S
Q U A L I F Y I N G H I M B E C A U S E O F A B A C K I N J U R Y .
I T H I N K A C C O R D I N G T O T H E C O N T R A C T S O R
T H E A G R E E M E N T I F A P E R S O N D I S Q U A L I F I E S T H E M S E L V E S
T H E Y H A V E T O G O I N T O T H E J O B T H E Y H A D P R E V I O U S L Y
B E F O R E T H E Y G O I N T O T H E J O B T H E Y A R E D I S Q U A L I F I E D
F R O M . I N T H I S P A R T I C U L A R C A S E T H E G U Y W A N T E D T O
E X E R C I S E S E N I O R I T Y ON M E . MY G R I E V A N C E W A S T H I S
G U Y D I D N ' T W O R K T H I S C L A S S I F I C A T I O N B E F O R E H E
W E N T I N T H E C L A S S I F I C A T I O N T H A T H E W A S B E I N G D I S
Q U A L I F I E D O R D I S Q U A L I F Y I N G H I M S E L F F R O M , S O T H E
A N S W E R , I S U B M I T T H E G R I E V A N C E T O A U N I O N A N D I
T H I N K I S U B M I T T E D O N E T O T H E U N I O N A N D O N E T O T H E
C O M P A N Y . T H E A N S W E R T O T H E G R I E V A N C E W A S T H A T
T H I S W A S W R O N G A N D T H A T H E H A D S O M E O T H E R I N F O R M A
T I O N ON T H E G R I E V A N C E , S A Y I N G T H A T T H I S W A S R I G H T
B Y T H E G U Y H A V I N G T H E R I G H T T O B U M P M E , B U T I
K NO W I T W A S W R O N G A N D T H E G R I E V A N C E W A S R E A L L Y D E
N I E D .
H O W E V E R , I K E P T T H E J O B T H A T I H A D B E
C A U S E T H E G U Y A T T H A T T I M E - - A N O T H E R J O B P O P P E D
U P ON T H E B O A R D A N D H E T O O K T H A T J O B R A T H E R T H A N
B U M P I N G M E , B U T T H E G R I E V A N C E W A S D E N I E D .
I N O B S E R V A T I O N I N O T H E R C A S E S A M O N G
M I N O R I T Y G R O U P S I N E V E R F E L T L I K E T H E U N I O N
E V E L Y N O V E R H E C K
OFFICIAL COURT REPORTER
3 0 'Jtf
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REPRESENTED THE MINORITY GROUPS.
Q WHAT OTHER CASES CAN YOU RECALL?
A AS FAR AS ACTUAL GRIEVANCES . L E T ' S S E E , I T ' S KIND
OF HARD RIGHT NOW, BUT THERE ARE OTHER CASES L I K E
THE BURNETT CA SE , CHARLES SMITH CASE. THERE IS A
NUMBER OF CASES .
Q WHAT IS THE CHARLES SMITH CASE?
A CHARLES SMITH WAS A LABORER AND THIS STATEMENT THAT
HE MADE TO ME, CHARLES SMITH WAS A LABORER AND HE
WAS F IR ED AND THEY HAD A HEARING. THE UNION AND
COMPANY HAD A HEARING ON HIS D ISMISSAL AND SOMEHOW
THEY AGREED THAT HE BE REINSTATED BACK ON THE
JOB BUT WITH LOSS OF HIS S E N I O R I T Y . CHARLES SMITH
HAD OFF HIS 90-DAY PROBATION PERIOD. HE PASSED
THE 90 DAYS' PROBATION.
Q WAS HE ACTUALLY F I R E D ?
A TO THE BEST OF MY UNDERSTANDING I GUESS HE WAS.
Q WHAT IS THE RACE OF CHARLES SMITH?
A BLACK.
Q NOW, WHAT IS THE BURNETT INCIDENT YOU MENTIONED?
A BURNETT WAS GIVEN TIME OFF TWO SEPARATE T IMES ,
D I S C IP L I N A R Y ACTION FOR EXCESS AMOUNT OF ABSENTEE
ISM AND TARDINESS AND NOT PROPERLY CALLING IN.
Q WHAT DID THE UNION DO ABOUT T H I S ?
A WELL, TO THE BEST I COULD S E E , NOTHING.
EVELYN OVERBECK
OFFICIAL COUUV .R E P O R T E R
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DO YOU KNOW WHITE EMPLOYEES WHO HAVE BEEN OFF?
A YES .
Q AND HAVE F A I L E D TO CALL IN L I KE MR. BURNETT AND HAVE
NOT BEEN SUSPENDED?
A WELL
M R . BURCH: THIS IS LEADI NG,
YOUR HONOR.
THE COURT: Y E S , I SUSTAIN
THE O B J E C T I ON.
Q WHY DO YOU F E E L THE UNION F A I L E D TO REPRESENT
BLACKS FAI RL Y WITH RESPECT TO THE BURNETT I N C I
DENT?
A FROM MY POINTS OF OBSERVING THE DECI SI ON THAT MR.
VAN OSDALL WANTS TO MAKE, OR THE DECI SI ON HE MAKES
SEEMS TO BE L I T T L E OR NO OPPOSI TI ON AT AL L AS
FAR AS BARGAINING.
Q DID YOU KNOW MR. HOBSON?
A YES .
Q WHAT IS HIS RACE?
A HE IS BLACK.
Q HAS THE UNION EVER REPRESENTED MR. HOBSON IN ANY
INCIDENT?
A HE HAS A GRIEVANCE F I L E D NOW. IF I REMEMBER RI GHT,
BEFORE I L E F T WORK IT S T I L L WASN’ T ANSWERED. IT
WAS ABOUT RE C E I VI NG TIME OFF FOR A PLUG-UP IN THIS
. . .
E V E L Y N OVERBECK
O F F IC IA L C O U R T R E P O R T E R
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Q
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Q
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DRYING MACHINE, AND I THINK THE COMPANY GIVE HIM
ONE DAY OFF AND NEVER BEFORE HAVE I WITNESSED THE
COMPANY GIVING THE TIME OFF FOR A PLUG-UP.
THE COURT: TIME OFF FOR A
WHAT?
THE WITNESS: PLUG-UP, THIS
RUBBER THAT WE REPRODUCED. I T QUITS GOINS
AND STACKS UP. WE CALL IT A PLUG-UP.
WHAT DID THE UNION DO ABOUT THIS INCIDENT?
NOTHING. HIS GRIEVANCE HAVEN'T BEEN ANSWERED.
WHEN DID THIS TAKE PLACE?
SHORTLY AFTER THE S T R I K E . I GUESS IT MUST HAVE
BEEN IN SEPTEMBER.
HAVE YOU EVER BEEN SUSPENDED OR GIVEN TIME OFF?
YES .
FOR WHAT REASON WERE YOU GIVEN TIME OFF?
WELL, IT WAS SHORTLY AFTER I WENT TO WORK FOR GOOD
YEAR. I THINK IT WAS IN »67. AT THAT TIME IT WAS
IN THE SUMMERTIME AND THE COMPANY WERE EMPLOYING
SCHOOL BOYS TO HELP THEM OUT AND THERE WAS THIS
GUY BY THE NAME OF BURNS, AND HE WAS A SCHOOL BOY.
ONE NIGHT HE WAS A BREAKERMAN, WHICH IS A MAN THAT
R E L I E V E S OTHER MEN FOR THEIR BREAK, LUNCH AND SMOKE
PERIODS. WELL, BURNS WAS BREAKING ME THIS PARTICU
LAR NIGHT AND WE DIDN'T GET WHAT WE THOUGHT WAS A
E V E L Y N O V E R B E C K
O F F IC IA L CO U RT R E P O R T E R
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PROPER BREAK, WHICH IS TWO BLACKS WORKING ON THE
CA RRI ER , AND A CARRIER IS THE POINT WHERE THEY
C E R T I F Y RUBBER. I TOLD HIM I DIDN'T THINK IT WAS
RIGHT.
I SAY I ' L L BE EXTRA MAN TOMORROW NIGHT
AND THE NEXT NIGHT TRUTHFULLY I FORGET ABOUT I T ,
BUT I CAME OUT TO BE THE EXTRA MAN, AND THE SUPER
VISOR HAD ME WORKING PRETTY BUSY. THE SUPERVISOR
COULD V E R I F Y I T I F HE'D T E L L THE TRUTH. SO WHEN A
BREAKTIME COME WE HAD JUST GOT A NEW CONTRACT AND
WE HAD TWO LUNCH PERIODS , TIME FOR THE THIRD S H I F T .
I D IDN'T KNOW THIS BECAUSE IT WAS JUST PUT IN THE
CONTRACT. SO I G IV E BURNS THE F I R S T BREAK AND
TOLD HIM TO TAKE HIS BREAK. I D IDN’ T T E L L HIM
HOW MUCH.
AFTER ABOUT TEN MINUTES HAD PASSED, THIS
WAS AROUND 1 0 : 0 0 , AND OVERTIME LUNCHES COME IN
WHICH WAS NEW TO ME, AND I ASKED ANOTHER GUY TO
GO TO THE SMOKER AND GET BURNS. WELL, BURNS THOUGH
I WAS PAYING HIM BACK THEN SO HE WAS GETTING KIND
OF UPSET.
THEN I COME BACK AFTER I BROKE THE OVER
TIME MAN, G IVE BURNS HIS BREAK TEN MORE MINUTES,
SO IT MADE IT A TWENTY-MINUTE BREAK. AFTER I TOOK
MY BREAK THE SUPERVISOR PUT ME BACK TO WORK AND
EVELYN OVERBECK
O F F IC IA L CO U RT R E P O R T E R
v ' M i / ?
THEN LATER ON THERE WAS ANOTHER LUNCH BREAK, 3 : 3 0
OR 4 : 0 0 .
BURNS S A I D , "HEY , MAN, WHAT TIME AM I
GOING TO GET MY BREAK?" THE SUPERVISOR TOLD ME
ABOUT THE THREE LUNCH. I SA I D , " 4 : 0 0 " , AND HE
THOUGHT I WAS REALLY GETTING HIM THEN.
HE JERKED THIS RAMP UP AND UP, AND
SOCKED ME ALONG THERE.
THIS IS MR. BURNS?
YES .
WHAT IS THE RACE OF MR. BURNS?
HE 'S WHITE.
WHAT HAPPENED?
THE SUPERVISOR WAS STANDING AS CLOSE AS I AM TO
THIS LADY HERE . I GRABBED HIM AROUND THE SHOULDERS
HERE. THE SUPERVISOR SAY, "BREAK IT UP, BREAK IT
UP. "
WELL, HE TOOK US IN THE O F F I C E AND SAI D ,
" I WANT YOU TO DO BETTER THAN T H I S . " I S A I D , "NO,
I DON'T THINK I T ' S R IGHT . A GUY WITH THIS TYPE
ATTITUDE I THINK SOMETHING NEEDS TO BE DONE ABOUT
I T . "
SO THEN THE SUPERVISOR CALLS THE OTHER
SUPERVISOR, THE S H I FT FOREMAN, OVER TO THE O F F I C E ,
AND THE S H I FT FOREMAN COMES OVER AND TE LL S ME THAT
— E V E L Y N OVER HECK
O F F IC IA L CO U RT R E P O R T E R
. 308*9
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I AM F I R E D .
HE SAY, " I F YOU GET YOUR JOB BACK ‘
YOU'D BETTER COME BACK WITH A D IFFERENT A T T I T U D E . "
I ASKED WHAT DID I DO. HE S A I D , " I F YOU GET YOUR
JOB BACK YOU BETTER COME BACK HERE WITH A DIFFERENT
ATT I T U D E . "
SO HE ASKED US TO COME IN AND SEE
MR. VAN OSDALL THE NEXT MORNING. I JUST DECIDED
S INCE I AM F I R E D I 'M GOING TO HAVE TO GET A L I T T L E
CUT AT HIM ON THE OUTS IDE . SO WHEN THE GUY COME
OUT THE GATE I STARTED APPROACHING HIM.
HE SA I D , "WAIT A MINUTE, BEAN."
HE SAI D , " I T ' S DOING SOMETHING WRONG."
SO WE JUST MADE IT UP. HE SA ID ,
" I ' L L COME BACK IN THE MORNING AND T E L L IT L I K E
I T WAS."
THE NEXT MORNING WE TALKED TO MR.
VAN OSDALL AND HE SET IT OFF TO A FOLLOWING MON
DAY, AND IN THIS HEARING THAT THE COMPANY HAD FOR
US MR. VAN OSDALL ASKED THE BURNS BOY AND MYSELF
TO T E L L THE STORY, AND THE BOY TOLD IT JUST L I K E
I T WAS, THE WHOLE TRUTH.
Q WAS THE UNION REPRESENTATIVE PRESENT AT THE HEARING
A YES .
Q WHAT WAS THE RESULT OF THIS HEARING?
E V E L Y N OVERBECK
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A I G O T T WO W E E K S O F F F R O M W O R K .
Q W H A T H A P P E N E D T O M R . B U R N S ?
A A S F A R A S I K N O W H E G O T T W O W E E K S O F F .
Q M R . B U R N S W A S A S U M M E R E M P L O Y E E ?
A A S C H O O L B O Y .
Q HOW L O N G H A D Y O U B E E N W O R K I N G A T T H I S T I M E ?
A A B O U T A Y E A R .
Q W H A T D I D T H E U N I O N DO T O Y O U D U R I N G T H I S M E E T I N G ?
A N O T H I N G .
Q D I D T H E U N I O N S A Y A N Y T H I N G I N Y O U R B E H A L F , A N D I F
S O , W H A T W A S S A I D ?
A N O T T H A T I C A N R E M E M B E R . I R E M E M B E R V A N O S D A L L
A N D M R . J A C K E . V A U G H A N L E A V I N G T H E C O N F E R E N C E
R O O M , I G U E S S , T O D I S C U S S T H E C A S E . W H E N M R .
V A N O S D A L L C O M E S B A C K H E S A Y , " T A K E TWO W E E K S
O F F F R O M W O R K A N D C O N S I D E R Y O U R S E L F F I R E D . "
Q A N D C O N S I D E R Y O U R S E L F F I R E D ?
A O R C O N S I D E R Y O U R S E L F F I R E D .
Q N O W , W H E N Y O U F I R S T W E R E E M P L O Y E D Y O U C A M E I N A S
A B A L E R H E L P E R , I S T H A T R I G H T ?
A I D I D N ' T U N D E R S T A N D Y O U .
Q D I D Y O U C O M E I N A S A B A L E R H E L P E R W H E N Y O U W E R E
F I R S T E M P L O Y E D ?
A Y E S .
Q G E N E R A L L Y W H A T D O E S A B A L E R H E L P E R D O ?
E V E L Y N OVERHECK
O P F I C I A I M ^ C J / j^ ̂ P O R T E R
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A HE HAS TO - - I G UES S T H E R E ’ S TWO C L A S S E S OF
B A L E R H E L P E R S . YOU HAVE A C E R T I F I E R , WHICH COME
UNDER M I S C E L L A N E O U S , AND YOU HAVE A REGUL AR S A C K E R j
BOX RUBB ER AND SACK R U B B E R , THAT WORKS ON THE END
OF THE F I N I S H I N G L I N E . H I S JOB I S TO BOX I T AND
SACK I T . THE C E R T I F I E R I S TO TAKE THE CONTAMI NAT I Of
OUT OF THE R U B B E R .
Q WHICH OF T H E S E TWO, THE S A C K E R OR THE C E R T I F I E R
S T E N C I L S ?
A THE S A C K E R D O E S N ' T S T E N C I L . ON C E R T A I N T Y P E
RUBBER THEY MIGHT - - I T ' S SELDOM A S A C K E R MAY
S T E N C I L , BUT V E R Y SELDOM DOES I T H AP PEN .
Q WHEN A B A L E R H E L P E R C E R T I F I E S WHAT DOES HE DO?
A T A K I N G THE CONTAMINATION OUT OF THE R U B B E R . THEY
HAVE D I F F E R E N T P O I N T S OF C E R T I F I C A T I O N . THEY HAVE
ONE P O I NT ON A C A R R I E R A F T E R THE RUBBER COMES IN
A B A L E FORM, T H I S GUY, HE T A K E S THE B A L E AND
TURNS I T OVER AND CHECKS I T TO S E E I F T H E R E I S
ANY CONTAMINATION HE CAN S E E IN THE R U B B E R . I F
NOT, HE P US HES I T ON.
Q ARE T HE R E S O M E . B A L E R H E L P E R S WHO J U S T DO C E R T I F Y
ING OR SOME THAT DO S A C K E R , OR DOES THE B A L E R
H E L P E R HAVE TO DO BOTH OF T H E S E T H I N G S ?
A W E L L , YOU HAVE THE B A L E R H E L P E R AND T H E R E I S A
GUY NORMALLY A S S I G N E D TO A L I N E . HE WORKS ON THE
E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
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END OF THE F I N I S H I N G L I N E AT A L L T I M E S . HE I S
A S S I G N E D TO THE L I N E W H I L E T H I S L I N E I S RUNNING.
THEN YOU HAVE M I S C E L L A N E O U S MEN
IN C AS E SOMEBODY C A L L S O F F C E R T I F I C A T I O N , H O U S E
K E E P I N G , T HI NG S OF T H I S N A T U R E , SO THEY HAVE D I F
F E R E N T J O B S , D I F F E R E N T D U T I E S .
Q SO WHAT I S THE ANSWER, DOES THE B A L E R H E L P E R O R D I
N A R I L Y DO BOTH OF T H E S E D U T I E S ?
A IN SOME C A S E S , Y E S .
Q NOW, WHAT JOB D I D YOU PROMOTE TO A F T E R YOU L E F T
B A L E R H E L P E R ?
A TO A C OA G UL A TI ON O P E R A T O R .
Q YOU WENT D I R E C T L Y FROM B A L E R TO C OA G UL A TI O N ?
A T E M P O R A R I L Y C L E A N - U P AND THEN C O A G U L A T I O N .
Q HOW LONG D I D I T TAKE YOU TO BECOME A COAGULATOR
O P ER A T O R ?
A I HAD ONE W E E K ' S E X P E R I E N C E WITH A MAN TO T R AI N
ME ON T H I S J O B .
Q WHAT DOES A COAGUL AT ION OPERATOR DO?
A HE TURNS T H I S L I Q U I D C H E M I C A L , T H I S L I Q U I D
C H E M I C A L INTO S O L I D S , RUBBER P A R T I C L E S , AND THEN
HE PUTS I T INTO A DRYI NG MA C H I N E . T H I S I S IN THE
COAGULATION P R O C E D U R E . HE C OA GU LA TES I T AND
TURNS THE L I Q U I D INTO A S O L I D P A R T I C L E AND THEN
PUTS I T INTO A DRYI NG M A C H I NE . I T I S RUBBER THEN
E V E L Y N OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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AFTER HE F I N I S H E S WITH I T .
Q WHAT DOES THE DRIER OPERATOR DO?
A HE DRIES THE RUBBER.
Q HAVE YOU EVER BEEN A DRIER OPERATOR?
A YES - - NOT REALLY C L A S S I F I E D AS A DRIER OPERATOR,
BUT I AM PRESENTLY A FAVOR OPERATOR WHICH CONSISTS
OF DRYING, BALING AND COAGULATION.
Q HOW LONG DID IT TAKE YOU TO LEARN HOW TO RUN THE
MACHINE THAT A DRIER OPERATOR RUNS?
A WELL, I D IDN’ T HAVE ANY TRAINING ON I T , I F THAT
I S WHAT YOU MEAN. I T ’ S JUST KIND OF NORMAL.
I T ' S NOT ANYTHING COMPLICATED TO DO. YOU PUSH
A BUTTON AND START IT AND PUSH ANOTHER BUTTON AND
STOP I T .
Q WHAT DOES A DRIER OPERATOR DO?
A I ' L L SAY HIS BASIC DUTIES ARE - - WELL, HE JUST
DRIES THE RUBBER. HE PUTS SOAP ON THE BACK OF
THE APRON, WHICH IS A TYPE DUST TO KEEP THE RUBBER
FROM ST ICK IN G TO THE APRON. HE SETS THE TEMPERA
TURE .
Q DOES HE USE A MACHINE?
A THIS IS A DRIER MACHINE.
Q DOES HE PRESS BUTTONS?
A NOT UNLESS HE WANTS TO START OR STOP I T .
Q HOW DOES HE KNOW WHEN TO STOP I T ?
E V E L Y N O V E R B E C K
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A A HORN GOES OFF . AN OPERATOR IN THE FRONT TE LL S
HIM.
Q THE ONLY TIMES HE IS STARTING AND STOPPING IS
AFTER A HORN IS BLOWN?
A Y E S , WHILE HE IS WATCHING HIS D R IE R .
Q HAVE YOU WORKED IN THE OPERATOR JOBS IN PRODUC
TION?
A Y E S . WELL, L E T ' S S E E , YOU MEAN EXCLUDING COAGULA
TION AND DRYING? I WORKED SOLUTION ONE DAY.
Q HOW LONG DID IT TAKE YOU TO LEARN A SOLUTION
OPERATOR'S JOB?
A I WORKED IT ONE DAY. I WAS KIND OF IN THE TRAIN
ING PROCESS.
Q WHEN YOU WERE F I R S T EMPLOYED IN 1965, ' 6 6 , IN
PRODUCTION, WERE THERE OTHER BLACKS IN PRODUCTION
WHO WERE ON OPERATOR'S JOBS?
A WHEN I F I R S T COME IN?
Q Y E S , IN 1966.
A I F THERE WERE IT MUST HAVE BEEN ABOUT ONE, MAYBE
ONE. I CAN'T REMEMBER.
Q YOU CAN'T REMEMBER HOW MANY, BUT THERE WERE SOME,
IS THAT RIGHT?
A WELL, IT MIGHT HAVE BEEN ONE. IT WASN'T TOO MANY
IN THERE WHEN I F I R S T COME IN PRODUCTION.
Q WERE THERE OTHER BLACKS EMPLOYED AS BALER HELPER
E V E L Y N OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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WHEN YOU F I R S T CAME IN?
A YES .
Q NOW, DO ALL OF THE OPERATORS WORK IN THE SAME
GENERAL AREA?
A WELL, IN THE SAME BUILD ING.
Q ARE THERE CERTAIN S I DE S OF THE BUILDING?
A YOU MEAN DO THE OPERATOR BE ON CERTAIN S I D E S OF
THE BUILDING?
Q YES .
A NO, HE E ITHER BE IN THE BACK, IN THE MIDDLE, OR
IN THE FRONT.
Q WHERE DOES THE REACTOR OPERATOR WORK?
A THIS IS ACROSS THE ROAD IN THE F I R S T PART OF THE
PROCESSING OF THIS L IQUID CHEMICAL FOR RUBBER.
Q AND WHERE DOES THE DRIER OPERATOR WORK?
A I T ' S ON THE A - S I D E OF THE ROAD WHICH IS THE AREA
I JUST F IN ISHED TALKING ABOUT.
Q SO SOME OPERATORS WORK ON ONE S I D E OF THE ROAD AND
SOME THE OTHER S I D E ?
A THIS A - S I D E IS CALLED THE F IN ISH IN G AREA.
Q WHAT IS THE OTHER S I D E CALLED?
A I COULDN'T BE FOR SURE.
Q THE A - S I D E CONTAINS WHICH OF THE OPERATOR'S JOBS?
A THE A - S I D E CONTAINS THE SOLUTION OPERATOR, THE
COAGULATOR OPERATORS AND THE BALER OPERATORS.
E V E L Y N O V E R B E C K
OFFICIAL COURT REPORTER
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Q AND THE OTHER OPERATORS, THE WING STAY - -
A ACROSS THE ROAD.
Q WHICH ARE HIGHEST IN TERMS OF PAY, THE SOLUTION
OPERATOR AND THE COAGULATORS, AND - -
A THEY ARE ON THE A - S I D E , WHICH PAYS L E S S , AND THE
OTHER TYPE OPERATORS, THE WING STAY, WHICHEVER
I T I S , IS ON THE OTHER S I D E OF THE ROAD.
Q WHEN YOU WERE EMPLOYED IN 1966 TO YOUR KNOWLEDGE
WERE THERE ANY BLACKS C L A S S I F I E D AS OPERATORS ON
THE OTHER S I D E OF THE ROAD, AS YOU REFER TO I T ?
A NONE. NONE THAT I KNOW.
Q WERE YOU WORKING AS AN OPERATOR IN NOVEMBER OF
THIS YEAR?
A YES .
Q AND WERE ANY BALER HELPERS PROMOTED TO OPERATOR'S
JOBS ABOUT THE BEGINNING OF NOVEMBER?
A I F THAT IS THE BEGINNING OR THE START UP OF THESE
L I N E S , Y E S , IT WAS QUITE A FEW.
Q DO YOU RECALL WHEN THE UNION RE CE IVED THE INJUNC
TION THAT THEY SOUGHT?
A WELL, YOU MEAN WHEN THEY R EC E I V ED THE INJUNCTION,
WHEN THE INJUNCTION WAS ISS UE D, Y E S , I CAN'T R E
MEMBER THE EXACT DATE, BUT I REMEMBER WHEN IT
HAPPENED.
Q NOW, AFTER THIS HAPPENED DO YOU RECALL ANY PERSONS
E V E L Y N O V E R E E C N ~
OFFICIAL COURT REPORTER
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A
Q
A
Q
A
Q
A
Q
Q
A
Q
B E I N G P R O M O T E D F R O M B A L E R H E L P E R T O O P E R A T O R ' S
J O B S ?
Y E S .
A P P R O X I M A T E L Y HOW M A N Y P E R S O N S W E R E P R O M O T E D A F T E R
T H E I N J U N C T I O N W A S G R A N T E D ?
W E L L , I T W O U L D B E A L I T T L E ON T H E H A R D S I D E T O
S A Y , B U T I W O U L D S A Y O V E R T H R E E O R M O R E . I ' M
P R E T T Y S U R E I T W A S M O R E , B U T I F E E L P R E T T Y C O N
F I D E N T A B O U T T H R E E .
D U R I N G T H E T I M E T H A T Y O U H A V E B E E N E M P L O Y E D H A V E
Y O U S E E N P E R S O N S P R O M O T E D D I R E C T L Y F R O M T H E B A L E R
H E L P E R J O B T O T H E P R O D U C T I O N J O B ?
Y E S .
HOW M A N Y P E R S O N S H A V E B E E N S O P R O M O T E D ?
I K N O W T H R E E R I G H T O F F .
A N D W H A T I S T H E I R R A C E ?
T W O O F T H E M I S W H I T E A N D I K N O W O N E B L A C K .
A N D D O T H E Y P R O M O T E T O T H I S T O P J O B T O Y O U R B E S T
K N O W L E D G E W I T H O U T W O R K I N G T H E O T H E R O P E R A T O R
J O B ?
Y O U M E A N T H E Y J U S T M O V E I N A N D S T A R T W O R K I N G A S
T O P O P E R A T O R ?
Y E S .
Y E S .
H A S T H E B I - R A C I A L C O M M I T T E E D I S C U S S E D T H E
EVELYN OVERBECK
O F F IC IA L CO U R T R E P O R T E R
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RECENT OFFER THAT THE COMPANY HAS MADE TO PERMIT
EMPLOYEES TO TRANSFER OUT OF LABOR, BRINGING THEIR
SENIO RITY WITH THEM?
A WOULD YOU REPEAT THAT.
Q HAS THE COMMITTEE DISCUSSED WITH THE COMPANY THE
RECENT OFFER THAT WAS MADE BY THE COMPANY?
A OH, Y E S .
(i TO LET BLACKS AND OTHER MINORITY GROUPS BRING
THEIR S EN IO RI T Y WITH THEM?
A Y E S .
C WHEN WAS THIS DISCUSSED?
A I B E L I E V E AT OUR LAST COMMITTEE MEETING WITH THE
COMPANY.
d AND WHAT POSITION DID THE COMMITTEE TAKE?
A WELL, WE F E L T THIS LETTER WAS - - AT LE AST , I FELT
AND THE COMMITTEE FE L T THIS LETTER WAS KIND OF
WRONG, BUT MR. VAN OSDALL KIND OF CLEARED IT UP
E A R L I E R . IN THE LETTER IT STARTED - - I F I RE-
j MEMBER R IGHT , THE LETTER STATED THESE GUYS IN
THIS S P E C I A L GROUP AFTER BEING TRANSFERRED 10 THIS
GIVEN AREA IN SHIPPING AND PRODUCTION, I F A PER
SON WOULD HAVE A RIGHT TO E X E R C I S E THEIR
SE N IO RI T Y WITHIN THE GROUP, BUT THIS PERSON CANNOT
MOVE INTO ANOTHER DEPARTMENT AND E X E R C I S E THEIR
SEN IO RIT Y NOR MOVE BACK IN A PREVIOUS
E V E L Y N OVERHECK
237
O F F IC IA L . HIT. REPORTER
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C L A S S I F I C A T I O N EX ER CI S I N G S E N I O R I T Y .
THIS IS WHY I FELT IT WAS WRONG
BECAUSE IT HAD ALWAYS BEEN THAT A PERSON THAT
WAS D I S Q U A L I F I E D OR D I S Q U A L I F I E D HIMSELF OR LAID
OFF OR SOMETHING OF THAT NATURE WOULD BE ABLE TO
GO BACK IN A PREVIOUS C L A S S I F I C A T I O N AND E X E R C I S E
THE S E N I O R I T Y . I THINK MR. VAN OSDALL STRAIGHTENED
THAT OUT.
Q WHEN DID HE STRAIGHTEN IT OUT?
A I THINK E A R L I E R WHEN HE WAS ON THE STAND YOU
ASKED HIM A QUESTION ABOUT I F THE GUY DIDN'T L I K E
THE DEPARTMENTS OR FOR SOME HEALTH REASON OR
SOMETHING OF THAT NATURE WHAT WOULD HAPPEN WITH
THIS RESTR ICT IO N IN THERE, AND HE SAID I F THE GUY
WERE D I S Q U A L I F I E D HE WOULD GO BACK INTO ANOTHER
Q U A L I F I C A T I O N , AND HE SAID HE DIDN'T KNOW ANYTHING
ABOUT THE GUY JUST NOT L I K I N G I T , SAID HE JUST
COULDN'T KEEP ON TRANSFERRING A GUY BECAUSE HE
DIDN'T L I K E I T .
Q DURING THE MEETING THE B I - R A C I A L COMMITTEE HAD
WITH MR. VAN OSDALL TO DISCUSS THE OFF ER , DID MR.
VAN OSDALL T E L L THE COMMITTEE THAT I F A PERSON
WAS D I S Q U A L I F I E D THEY COULD RETURN TO THE IR HOME
DEPARTMENT?
A DURING OUR MEETING WITH MR. VAN OSDALL?
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
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1£
IS
2<
2'
239
A
Q
A
Q
Y E S .
N O , I D O N ' T R E M E M B E R B R I N G I N G T H I S P A R T I C U L A R
T H I N G U P I N T H E M E E T I N G . I R E M E M B E R B R I N G I N G I T
U P A B O U T T H E T R A N S F E R , B U T T H E Q U E S T I O N W A S W H E N
W E B R O U G H T T H I S U P , T H E Q U E S T I O N M R . V A N O S D A L L
S A I D H E W A S S U R P R I S E D T H A T NO M O R E O F T H E B L A C K S
H A D T R A N S F E R R E D , B E C A U S E T H E Y H A D - - I S A I D I T
W A S P R O B A B L Y B E C A U S E O F T H E S T R O N G R E S T R I C T I O N
H E H A D I N T H I S L E T T E R .
L I K E MY U N C L E , F O R I N S T A N C E , H E
H A D A H E L P P R O B L E M I F H E T R A N S F E R R E D I N T O T H E
S H I P P I N G D E P A R T M E N T , W H I C H M E A N T H E W A S G E T T I N G
O N A N D O F F T H E TOW M O T O R . H E W A S G E T T I N G C R A M P S
I N H I S L E G S . A F T E R H E G O T I N T H E R E H E S T A R T E D
H A V I N G T R O U B L E , B U T B E C A U S E O F ’ T H E R E S T R I C T I O N
I N T H E L E T T E R , W E L L , T H I S C A U S E D S O M E O F T H E G U Y S
T O H E S I T A T E A B O U T M O V I N G B E C A U S E H E H A D T O B E
S U R E H E W A S M A K I N G T H E R I G H T M O V E . S O T H I S W A S
T H E M A I N P O I N T WE B R O U G H T U P I N R E G A R D S T O T H E
L E T T E R M R . V A N O S D A L L I S S U E D T O T H E S E S P E C I A L
E M P L O Y E E S .
N O W , Y O U W E R E E M P L O Y E D I N ' 6 6 I N T H E P R O D U C T I O N
D E P A R T M E N T , S O Y O U H A V E D I V I S I O N S E N I O R I T Y ?
Y E S .
F R O M ' 6 6 I N T H A T D E P A R T M E N T ?
- “ E V E L Y N O V E R B E C K ~
O F F IC IA L CO U RT R E P O R T E R
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2*t0
A YES .
Q NOW, I F THE BLACK EMPLOYEES IN THE LABOR DEPART
MENT ARE PERMITTED TO BRING THEIR PLANT SEN IO RIT Y
WITH THEM WHEN THEY TRANSFER TO THE D I V I S I O N THAT
YOU ARE IN SOME OF THESE BLACK EMPLOYEES WILL HAVE
MORE D I V I S I O N SE N IO RI T Y THAN YOU?
A YES .
Q WHAT IS YOUR OPINION ABOUT T HI S?
MR. BURCH: OBJECTION, YOUR
HONOR. JUST FOR THE RECORD AGAIN,
HIS OPINION IS REALLY IRRELEVANT
TO ANY LEGAL ISSUE IN THIS CASE.
THE COURT: I WOULD L I K E TO
HEAR I T .
A WELL, I F E E L THAT IT IS R IG HT , ' THAT SAY FOR IN
STANCE L I K E MR. - - ANY OF THOSE GUYS HERE BACK
OVER THAT PERIOD OF T IME , I F I REMEMBER RIGHT MY
UNCLE WAS HIRED THERE ABOUT THE TIME I WAS BORN
AND WHEN I COME OUT TO GOODYEAR I WAS MAKING MORE
MONEY THAN HE WAS THE F I R S T DAY I WAS WORKING
THERE. I F E L T THAT WAS REAL WRONG. ALL THE GUYS
THAT WAS HIRED IN BEFORE I WAS - - IT DIDN'T SEEM
R I G H T .
Q WHAT IS YOUR UNCLE ’ S NAME?
A JOHN BEAN.
" E V E L Y N OVERBECK
O F F IC IA L CO U R T Mf-ORTBR
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2hl
MRS. MC DONALD: NOTHING
F U R T H E R .
MR. BURCH: MAY I HAVE
J U S T A MOMENT, YOUR HONOR?
THE COURT : A L L R I G H T .
CROSS E X A M I NA T IO N
BY MR. BURCH:
Q MR. B E A N , DO YOU KNOW OF A S I N G L E G R I E V A N C E F I L E D
BY A B L ACK S I N C E YOU HAVE B E EN EMPLOYED T H E R E
THAT YOU THOUGHT SHOULD HAVE BEEN TURNED DOWN
BY THE COMPANY B E C A U S E I T HAD NO M E R I T ?
A L E T ' S S E E , I C A N ' T T H I NK OF ANY P A R T I C U L A R ONE,
BUT I ' M SURE THAT I H A V E . I ' M D E F I N I T E L Y SURE
THAT I H A VE . I F I HAD T I M E I COULD COME UP WITH
S O M E T H I N G .
Q A L L R I G H T .
MR. BU RC H: I DO N ' T HAVE
ANY Q U E S T I O N S .
THE COURT : A L L R I G H T .
MR. WHEAT.
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
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IhJL
CROSS EXAMINATION
BY MR. WHEAT:
Q MR. BEAN, DO YOU HAVE ANY IDEA OF APPROXIMATELY
HOW MANY GRIEVANCES ARE F I L E D FROM THE WHOLE
BARGAINING UNIT EACH DAY?
A NO, I HAVEN'T.
Q WELL, DO YOU HAVE ANY IDEA APPROXIMATELY HOW MANY
STEWARDS THERE ARE AT PRESENT?
A WELL, JUDGING FROM THE L I S T , FROM LOOKING AT THE
L I S T , JUST A GLANCE AT THE L I S T , I ' L L SAY ROUGHLY
TWENTY. I DON'T KNOW FROM ALL AREAS, BUT FROM
MY AREA I WOULD SAY ROUGHLY TWENTY.
Q W O U L D Y O U D I S A G R E E W I T H T H E S U G G E S T I O N T H A T
P O S S I B L Y A D O Z E N G R I E V A N C E S A R E F I L E D A D A Y ? W O U L D
THAT S E E M HIGH TO YOU OR LOW, OR ABOUT RIGHT?
A T H A T W O U L D S E E M H I G H .
Q HOW A B O U T H A L F A D O Z E N A D A Y ?
A I W O U L D N ' T T H I N K T H A T M A N Y .
Q A S A S T E W A R D A N D A N O F F I C E R O F T H E U N I O N DO Y O U
H A V E A N Y I D E A O F T H E A P P R O X I M A T E C O S T O F P U R S U I N G
A G R I E V A N C E A L L T H E W A Y T H R O U G H A R B I T R A T I O N ?
A I T H I N K I T R U N H I M Q U I T E A B I T O F M O N E Y , B U T I
T H I N K W H E N I T C O M E S I N A R B I T R A T I O N T H E U N I O N A N D
T H E C O M P A N Y B O T H S H A R E T H E C O S T F O R E X P E N S E O F
A R B I T R A T I N G , I B E L I E V E . ___________________________________
— ~ EVELYN OVERBECK
O F F IC IA L CO U RT R E P O R T E R
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___________________________________ ________________________________________________________ 2 3
Q ASSUMING THEY DO SHARE I T , WOULD YOU DISAGREE
WITH THE PROPOSITION IT IS $1500 TO $2000 ON EACH
S I D E TO PROCESS A CASE THROUGH ARBITRATION? DOES
THAT SOUND REASONABLE TO YOU?
A WELL, MAYBE YOU OUGHT TO SAY THAT AGAIN.
Q WOULD YOU DISAGREE OR DID YOU KNOW THAT THE COST
OF PROCESSING AN ARBITRATION CASE IS APPROXIMATELY
$1500 ON EACH S I D E ?
A NO, I D IDN'T KNOW.
Q DO YOU HAVE ANY IDEA OF HOW LONG I T TAKES TO GET
A GRIEVANCE FROM THE F I R S T STEP THROUGH ARBITRATION
AND TO THE POINT OF AN ARBITRATOR'S REWARD?
A I WOULD SAY IT DEPENDS ON THE RE PR E SE N T AT IV E , ON
HOW LONG IT TAKES TO PROCESS I T .
Q YOU DON'T THINK IT WOULD MAKE ANY DI FF ERE NC E WHAT
THE ARBITRATOR'S SCHEDULE WAS OR HOW LONG IT
WOULD TAKE TO S EL EC T ONE?
A WELL, FROM PAST ACTION IT DOESN'T SEEM L I K E IT
WOULD TAKE VERY LONG TO S E L E C T ONE.
Q HAVE YOU EVER KNOWN OF AN ARBITRATION CASE RESULTIN
IN AN AWARD IN LESS THAN S I X MONTHS TO A YEAR
FROM THE F I L I N G OF THE GRIEVANCE?
A FROM THE F I L I N G OF THE GRIEVANCE? Y ES .
Q CAN YOU NAME ONE FOR US?
A WELL, L E T ' S S E E , I THOUGHT CONTINENTAL BOXES WHICH
E V E L Y N O V E R H E C K
O F F IC IA L CO U RT R E P O R T E R
> 324/?
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I WAS TALKING ABOUT WHILE AGO, I THINK CONTINENTAL
BOXES’ ARBITRATOR WAS SETTLED IN LESS TIME THAN
THAT.
Q ARE YOU FAMIL IAR WITH THAT?
A S L I G H T L Y .
Q WHAT GROUP WAS THAT ARBITRATION SOUGHT ON BEHALF
OF?
A I THINK THE PRODUCTION DEPARTMENT. THE OPERATOR
WAS A L I T T L E DISTURBED ABOUT HAVING TO MAKE THE
BOXES. I THINK THE BOXES COME IN, WHEN THE BOXES
COMING IN, IT WAS A L I T T L E CONFUSION ABOUT WHO WAS
GOING TO BUILD THESE BOXES, SO THE OPERATOR SAY
HE DIDN'T HAVE THE TIME TO BUILD THESE BOXES. THE
COMPANY SAY HE DID HAVE THE T IME . SO HE CALLED AN
ARBITRATOR.
Q I S N ' T IT TRUE THAT THE UNION PROCESSED THIS CASE
FROM THE GRIEVANCE ALL THE WAY THROUGH TO
ARBITRATION ON BEHALF OF THE LABOR DEPARTMENT?
A NOT TO MY KNOWING. I ALWAYS HAD THE UNDERSTANDING
I T WAS THE OPER-TORS THAT WERE D I S S A T I S F I E D AND
F E L T IT WASN'T THEIR JOB ABOUT THE BOXES. THAT
IS MY BEST UNDERSTANDING.
Q YOU DON'T KNOW, AND WHATEVER THE ARBITRATION AWARD
SAYS WOULD BE CORRECT TO YOUR KNOWLEDGE?
A I THINK I GLIMPSED AT THE ARBITRATOR’ S ANSWER AND
E V E L Y N O V ERBEC K
O F F IC IA L CO U R T R E P O R T E R
* 325>?
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THE COMPANY THROUGHT TO BE THAT I T WAS THE
OPERATOR’ S JOB TO BUILD THESE BOXES. I THINK THEY
KIND OF SET IT UP ON THE BASIS WHERE AN OPERATOR
WOULD MAKE THE BOX AND LOCK IT AND THE SACKER
WOULD INSERT I T , OR SOMETHING L I K E THAT. THEY
COME TO AN AGREEMENT ON I T .
THE COURT: THIS WAS A
J U R IS D I C T I O N A L D I SPUTE?
THE WITNESS: WELL, THE
ONLY THING THAT I UNDERSTOOD THAT
THE OPERATORS D IDN’ T THINK I T WAS
THEIR JOB TO DO T H I S .
THE COURT: IT I S A QUESTIO
OF WHICH GROUP DID WHAT?
THE WITNESS: WELL, S E E ,
THIS WAS RIGHT IN THE SAME AREA.
S E E , THE OPERATOR, YOU HAVE A BALER
OPERATOR AND A BALER HELPER . THEY
THOUGHT IT WAS THE BALER H E L P E R ’ S
JOB OR SOMEBODY E L S E ' S JOB.
Q YOU MENTIONED A GRIEVANCE INVOLVING MR. CHARLES
SMITH, AND YOU MENTIONED THE 90-DAY PERIOD.
MAY WE ASSUME HE WAS F I R E D WITHIN THE F I R S T 90
DAYS OF EMPLOYMENT?
A I DIDN'T THINK SO. I THINK HE WAS EMPLOYED F I V E
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
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_______________________________ ____________________________________________________________ZM.
0R S I X MONTHS.
Q WHAT WAS THE S I G N I F I C A N C E OF THE 90 DAYS?
A THE REASON I SAY THAT WAS TO SHOW THAT HE WAS
A REGULAR EMPLOYEE. ANY TIME A REGULAR EMPLOYEE
IS LAID OFF FOR A PERIOD OF 29 MONTHS, I THINK
WHICH MEANS 29 CONSECUTIVE MONTHS, WELL THEN, THE
PERSON WOULD LOSE THE IR S E N I O R I T Y . SO THE POINT
WAS IT SHOWED THIS GUY WAS A REGULAR EMPLOYEE,
AND THAT WASN'T THE CASE WHEN THIS GUY LOST
HIS S EN IO RI T Y AND STARTED BACK WITH A 90-DAY
PROBATION.
Q SO THE INCIDENT OCCURRED AFTER HE HAD BEEN BACK
ON THE JOB LESS THAN 90 DAYS AFTER HAVING LOST
S E N I O R I T Y ?
A LET ME SEE - - MAYBE I CAN EXPLAIN IT I F YOU WOULD
L I K E ME TO.
Q GO RIGHT AHEAD.
A THIS GUY, I 'M SURE HE HAD OVER HIS 90 DAYS. I
THINK HE HAD S I X MONTHS. OKAY. NOW, I THINK THE
CONTRACT FOR LOSS OF SENI OR I T Y , YOU HAVE TO BE
LAID OFF FOR A PERIOD OF TWENTY-FOUR MONTHS OR
SOME OTHER REASON, BUT I T ' S NOT HE REASON THEY
REFERRED TO IN THIS CASE. THIS GUY WAS F IR ED FOR
SOME REASON, AND THEN REHIRED BACK IN THE SAME
90-DAY PROBATION. ONE OF THE CH IE F STEWARDS AT
E V E L Y N 0 V E l l H E C K
O F F IC IA L CO U RT R E P O R T E R
- x > ifl
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2 47
THAT TIME SAID TO ME THAT MR. VAN OSDALL WANTED
TO CHASTISE THIS IND IV I DU A L .
Q WAS CHARLES SMITH IN FACT F I R E D ?
A NOW, DEPENDS ON WHAT T)U CALL F I R E D .
Q WAS HE ACTUALLY OFF THE PAYROLL AND OFF THE
PREMISES?
A THE BEST I KNOW HE WAS.
Q AND AFTER THAT WAS THE UNION ASKED TO DO SOMETHING
ABOUT I T ?
A WELL, I THINK THIS WAS IN THE HEARING, WHEN THEY
TOOK HIS S E N I O R I T Y . I THINK THIS WAS ALL IN THE
HEARING AGREEMENT BETWEEN THE UNION AND THE COM
PANY .
Q AFTER THAT WAS HE PUT BACK TO WORK?
A YES .
Q YOU MENTIONED A CASE INVOLVING A MR. BURNETT,
AND YOU SAID THAT HE WAS GIVEN SOME TIME OFF B E
CAUSE OF THE E X C E S S I V E ABSENSES AND BECAUSE HE
WASN’ T CALLING IN PROPERLY, AND THAT THE UNION
DIDN'T DO ANYTHING ABOUT I T , AND WHAT DID YOU WANT
THE UNION TO DO ABOUT THAT OR WHAT SHOULD THE
UNION HAVE DONE ABOUT I T ?
A I THINK I SAID FROM OBSERVATION I THINK MR. VAN
OSDALL HAS HIS WAY OF DOING THINGS.
Q I WILL ASK YOU TO ANSWER MY QUESTION ABOUT THIS
E V E L Y N OVERBEC K
O F F IC IA L CO U R T R E P O R T E R
..... a 2 m
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IS
IS
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A
Q
A
)
[
P A R T I C U L A R I N C I D E N T S O W E C A N G E T Y O U R A C C O U N T
O F T H E F A C T S . W H A T W A S I T T H A T T H E U N I O N D I D N ' T
D O I N T H E B U R N E T T C A S E T H A T I T S H O U L D H A V E D O N E ?
W E L L , L E T ' S S E E NOW - W E L L , I T H I N K I T S H O U L D
H A V E B E E N P O I N T E D O U T , W H I C H M I G H T N O T H A V E B E E N
A G O O D I D E A , B U T I T S H O U L D B E P O I N T E D O U T T H E R E
W E R E O T H E R I N D I V I D U A L S T H A T H A D A P R E T T Y B A D R E C O R D
W H I T E I N D I V I D U A L S T H A T H A D . N O T H I N G W A S E V E R S A I D
O R D O N E A B O U T I T . I T M I G H T H A V E B E E N A G O O D I D E A
O R N O T I N T H E U N I O N ' S B E H A L F , R U T N E V E R T H E L E S S
I T W A S U N J U S T T O T H I S B L A C K I N D I V I D U A L .
NAME US A W H I TE E M P L O Y E E WHO HAD MORE A B S E N C E S
T H A N M R . B U R N E T T ?
THEY DON’ T L E T US S E E T H E I R RECORDS ON A B S E N T E E
I S M . I SAY FROM O B S E R V A T I O N , AND I WORK IN T H I S
P A R T I C U L A R A RE A AND I F THEY GOT A RECORD IN THE
O F F I C E WHERE A L L THE S U P E R V I S O R S , WHEN P E O P L E C A L L
OF F THEY MARK E I G H T HOURS IN T H I S THING AND I GOES
IN T H E RE AND E V ER YB O DY GOES T H E R E FROM T I M E TO
T I M E AND THEY S E E THE R E C O R D S . THE P E O P L E WOULD
BE C A L L I N G O F F AND I T WOULD BE PUT ON THE BOARD.
I UNDERSTAND THAT YOU ARE T E S T I F Y I N G FROM YOUR
O B S E R V A T I O N , SO FROM YOUR O B S E R V A T I O N S WHAT WHITE
E M P L O Y E E HAS MORE A B S E N C E S THAN B U R N E T T ?
W E L L , I T H I N K A GUY NAMED S H E E B A Y .
- “ E V E L Y N O V E R B E C K ~
O F F IC IA L CO U R T R E P O R T E R
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249
Q WHAT IS HIS NAME?
A SHEEBAY. I THINK A GUY NAMED C. SEARCY. I DON’ T
THINK HE IS EMPLOYED RIGHT NOW. I THINK HE JUST
L E F T .
Q HE WASN'T F I R E D ?
A NO, I THINK HE DECIDED HE WANTED TO GO TO ALABAMA
AND L I V E .
Q EACH OF THESE TWO HAD MORE ABSENCES?
A IN MY OPINION, Y E S .
Q THAN MR. BURNETT?
A YES .
Q YOU MENTIONED THE HOBSON GRIEVANCE THAT HAD BEEN
F I L E D IN SEPTEMBER AND IT IS S T I L L PENDING?
A YES .
Q YOU SAY THE UNION DIDN’ T DO ANYTHING. BY THAT,
YOU MEAN THEY HAVEN'T DONE ANYTHING YET OR YOU
MEAN THEY SHOULD HAVE MOVED QUICKER OR THERE SHOULD
ALREADY BE AN ARBITRATION AWARD?
A YOU HAVE THREE DAYS TO ANSWER A GRIEVANCE. L I K E
YOU SAID , I THINK THIS GRIEVANCE WAS PRESENTED
IN SEPTEMBER AND YOU GOT THREE DAYS TO ANSWER A
GRIEVANCE. THIS GRIEVANCE HASN’ T BEEN ANSWERED,
AND ANOTHER THING IS - - WELL, MAYBE I SHOULDN'T
SAY I T .
Q WELL, L E T ' S S E E , YOU ARE NOW AN O F F IC E R OF THE
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
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250
UNION?
A Y E S , I AM
Q WAS HOBSON ONE OF THE E M P L O Y E E S THAT YOU R E P R E
S E N T E D ?
Q WHAT KNOWLEDGE THEN DO YOU HAVE OF H I S S I T U A T I O N
OR HOW DI D YOU O BT A IN SUCH KNOWLEDGE?
A W E L L , I T ' S THROUGH H I S S T A TE M EN T S TO ME. OF COURSE
I D I D N ' T R E P R E S E N T HIM TO THE COMPANY. I T WAS
THROUGH H I S S T A TE ME NT S TO ME AND THE R E S T OF I T
WERE H E A R S A Y .
Q WHO I S H I S STEWARD?
A I DON' T KNOW.
Q W E L L , YOU WERE CONCERNED WITH H I S PROBLEMS AND
Y E T YOU WERE NOT H I S STEWARD Y O U R S E L F ?
A I T A L K E D TO HI M. THAT I S WHEN HE MADE THE S T A T E
MENT TO ME.
Q YOU D I D N ' T T A L K TO H I S S TEWARD, THOUGH?
A I DON' T KNOW WHO THE STEWARD I S .
Q DO YOU T H I N K MR. HOBSON COULD HAVE TOLD YOU I F
YOU HAD A SK ED HIM?
A Y E S , BUT I DO N ' T HAVE C O N F I D E N C E IN THE PROCEDURE
A NO
M Y S E L F
Q HOW MANY G R I E V A N C E S AS A STEWARD HAVE YOU F I L E D ?
A THAT ONE I WAS T E L L I N G YOU ABOUT
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
T H A T IS T H E O N L Y O N E ?
T H A T I S T H E O N L Y O N E P E R S O N A L L Y I F I L E D . I N E V E R
S A W A N Y R E S U L T S . F R O M MY O B S E R V A T I O N I H A D S E E N
A N U M B E R O F O T H E R G U Y S F I L E G R I E V A N C E S A N D N O R E
S U L T S , S O I W O U L D L I K E T O - - W H E N I AM I N V O L V E D
I N S O M E T H I N G , W H E T H E R I T B E A W H I T E E M P L O Y E E O R A
B L A C K E M P L O Y E E , A N D I T H I N K P R O B A B L Y M R . J E S S E
J O N E S C O U L D W I T N E S S T H I S , I B E L I E V E I N G E T T I N G T H E
B E S T R E S U L T S , W H E T H E R T H I S B E B Y T H E P R O C E D U R E S O R
F I L I N G G R I E V A N C E S O R N O T . I F I C O U L D C A L L H I M
ON T H E T E L E P H O N E , A N D I T H I N K T H A T I S T H E N E C E S
S A R Y T H I N G T O D O , I T R Y T O D O I T L I K E T H A T .
D O Y O U K N O W A N E M P L O Y E E N A M E D S H E P H E R D ?
I H E A R T A L K O F H I M .
W H A T I S H I S R A C E ?
H E I S B L A C K , A N D I T H I N K H E W A S D I S C H A R G E D B E F O R E
I C A M E T O W O R K .
A R E Y O U F A M I L I A R W I T H T H E C A S E T H E G R I E V A N C E W A S
F I L E D ON H I S B E H A L F T O O B T A I N H I S R E T I R E M E N T B E N E
F I T S ?
N O .
A R E Y O U F A M I L I A R W I T H A N E M P L O Y E E N A M E D C H A R L E Y
S M I T H ?
C H A R L E S S M I T H , Y E S .
W H A T I S H I S R A C E ?
E V E L Y N O V E R H E C K
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A BLACK.
Q ARE YOU FAMILIAR WITH AN OCCASION WHEN HE WAS
DISCHARGED BY THE COMPANY AND A UNION PROCESSED
A GRIEVANCE AND GOT HIS JOB BACK?
A I F THAT IS THE CASE I WAS TALKING ABOUT.
Q DO YOU KNOW JOHN LONG?
A Y E S , I DO.
Q WHAT IS HIS RACE?
A BLACK.
Q DO YOU RECALL GRIEVANCES PROCESSED?
A ARBITRATION, TOO. I EVEN READ THE ARGUMENT OF
THE COMPANY AND THE UNION.
Q AND THE CASE WAS PROCESSED ALL THE WAY TO ARBITRA
TION?
A THAT IS WHAT I MEANT BY BARGAINING C O L L E C T I V E L Y .
THAT WAS POOR BARGAINING IN MY SENSE OF JUDGMENT.
THE BEST I CAN READ THE ARBITRATION ANSWER, THIS
GUY ONLY HAD ONE PERSON THAT WAS TRYING TO R EP RE
SENT HIM AND THE ARGUMENTS WERE VERY, VERY WEAK.
I 'M NOT VERY WELL EDUCATED AND I COULD SEE THE
ARGUMENT IS VERY WEAK.
Q YOU MEAN THE UNION ARGUMENT WAS WEAK?
A VERY WEAK,
Q IN THE ARBITRATION CASE?
A YES .
E V E L Y N O Y E R H E C K
OFFICIAL COURT REPORTER
a s ; ) / ?
_____________________________________________________________________________ 2 5 2..
T H A T T H E Y P U R S U E D A L L T H E W A Y F R O M A R B I T R A T I O N
F O R M R . L O N G .
Y E S .
Y O U C I T E T H A T A S A N E X A M P L E O F P O O R C O L L E C T I V E
B A R G A I N I N G B Y T H E U N I O N ?
Y E S , I D O .
D I D Y O U R E V I E W T H E A R G U M E N T Y O U R S E L F ?
Y O U M E A N W I T H T H E I N D I V I D U A L S ?
T H A T T H E U N I O N P R E S E N T E D I N M R . L O N G ’ S C A S E ,
D I D Y O U L O O K A T I T Y O U R S E L F O R H E A R I T ?
I R E A D T H E A R B I T R A T O R ’ S A N S W E R . T H E A R B I T R A T O R ,
T H E B E S T I C O U L D T E L L , T H E A R B I T R A T O R M U S T S I T
I N A N D L I S T E N T O B O T H S I D E S A R G U E , L I K E M R . V A N
O S D A L L S A Y S H E W A N T S T O F I R E T H E MAN A N D P R O D U C E S
T H E R E A S O N A N D T H E U N I O N S A Y S N O , T H E N T H E Y G O
R I G H T ON D OWN T H E L I N E . T H I S I S T H E W A Y I R E A D
T H E A R B I T R A T O R ’ S A N S W E R . A L L M R . V A N O S D A L L ’ S
A R G U M E N T S L O O K F A R H E A V I E R O V E R T H E U N I O N ' S A R G U
M E N T . I T H I N K I F I W A S J U S T R E A D I N G A R B I T R A T I O N
M Y S E L F , I P R O B A B L Y W O U L D H A V E F I R E D H I M .
M R . W H E A T : I T H I N K I W I L L
P A S S Y O U O N T H A T P O I N T , S I R . T H A N K
Y O U .
T H E C O U R T : M R S . MC D O N A L D .
M R S . MC D O N A L D : I D O N ' T
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
334/?
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H A V E A N Y T H I N G F U R T H E R , Y O U R H O N O R .
T H E C O U R T : M R . B U R C H ?
M R . B U R C H : N O T H I N G F U R T H E R
T H E C O U R T : A L L R I G H T . Y O U
M A Y S T E P D O W N .
T H E C O U R T : A T T H I S P O I N T WE W I L L
T A K E A S H O R T R E C E S S O F F I F T E E N M I N U T E S .
( S H O R T R E C E S S . )
T H E C O U R T : C A L L Y O U R N E X T W I T N E S S .
M R S . MC D O N A L D : Y O U R H O N O R , P L A I N T !
H A S NO M O R E W I T N E S S E S F O R I T S D I R E C T C A S E . H O W E V E R , ON
T H E Q U E S T I O N O F A P P L I C A T I O N S A N D R E J E C T I O N S B E C A U S E O F
T H E T E S T S , I F T H E C O U R T W I L L R E C A L L T H I S W A S R A I S E D A N D
T H E R E W A S S O M E Q U E S T I O N A S T O W H E T H E R OR N O T T H E C O M P A N ' '
H A S A R E C O R D . T H I S M O R N I N G M R . B U R C H H A S P R O V I D E D ME
W I T H A Q U A R T E R L Y S U M M A R Y O F W H A T H E T E L L S ME I S A R E P O R "
T H A T I S M A D E E V E R Y Q U A R T E R T O T H E H O M E O F F I C E O F G O O D
Y E A R I N D I C A T I N G T H E N U M B E R O F P E R S O N S WHO A R E E M P L O Y E D
A N D R E J E C T E D A N D T H E I R R E A S O N S F O R B E I N G R E J E C T E D . I
T H I N K T H A T T H E Q U A R T E R L Y S U M M A R I E S A R E S U F F I C I E N T L Y
E X P L A N A T O R Y , S O I F T H I S S T I P U L A T I O N O F W H A T I S A I D
I S C O R R E C T W E D O N ' T N E E D T O C A L L M R . V A N O S D A L L T O
A U T H E N T I C A T E T H E R E C O R D .
E V E L Y N O V E R B E C K ~
OFFICIAL COURT REPORTER
. . . 335/9
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255
I UNDERSTAND THERE IS A QUARTER
MISS ING, BUT THESE ARE - - THIS WAS WHAT MR. BURCH
HAS TOLD ME THAT THE COMPANY HAS IN THE IR RECORDS,
AND THAT IS ALL THEY HAVE.
THE COURT: ALL RIGHT. YOU WISH TO
INTRODUCE I T ?
E X H I B I T 18,
OBJECTION?
MRS. MC DONALD: Y E S , AS P L A I N T I F F ' S
B E L I E V E .
THE COURT; I TAKE IT THERE IS NO
MR. WHEAT: NO OBJECT ION.
MR. BURCH: YOUR HONOR, I F I MIGHT
I WANT TO STATE AN OBJECTION PRIMARILY FOR PURPOSES OF
EXPLANATION. THESE F I G U R E S , I AM TOLD, COVER ALL
APPLICANTS FOR ALL CATEGORIES OF EMPLOYMENT, WHETHER
THEY ARE SALARIED OUTSIDE OF THE UNION BARGAINING UNIT
OR WHETHER THEY ARE IN BARGAINING UNITS REPRESENTED BY
OTHER UNIONS. I DO NOT ADVISE THAT WE HAVE THE MEANS
OF SEPARATING OUT THOSE D IFF ER EN T C L A S S E S , SO I DO
THINK IT CONTAINS MATERIAL THAT IS IRRELEVANT.
THE COURT: I S THERE ANY WAY THAT
THE COURT CAN NOTE FROM LOOKING AT IT WHAT IS RELEVANT,
OR IS THAT AN I M P O S S I B I L I T Y ?
MR. BURCH: THAT IS AN I M P O S S I B I L I T
AS FAR AS I CAN JUDGE, YOUR HONOR. WE HAVE E X H I B I T S ,
EVELYN OVERBECK
O F F IC IA L CO.UIIT R E P O R T E R
33G/f
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SENIO RITY L I S T S , FOR EXAMPLE, THAT WILL INDICATE CURRENT
EMPLOYEES OF D I FF ERE NT RACES EMPLOYED IN THIS BARGAINING
UNIT AND TO SOME EXTENT THAT WILL ENABLE THE COURT TO
EVALUATE PEOPLE COMING INTO THE BARGAINING UNIT , BUT WE
CANNOT BREAK THOSE F IGURES DOWN.
MRS. MC DONALD: THE F IGURES MR.
BURCH ^ OU L D HAVE FOR PERSONS IN THE BARGAINING UNIT
WOULdJ P B P ^ O N S WHO WERE HIRED. WHAT WE ARE CONCERNED
WITH IS PERSONS WHO WERE REJECTED BECAUSE OF FA ILUR E TO
PASS THE T E S T .
THE COURT: I WILL SAY T H I S , THAT
IT OCCURRED TO THE COURT E A R L I E R THAT THIS CASE , THE
RECORD FROM THIS CASE COULD RESULT IN A S ITUATION IN
WHICH THE COURT WOULD NOT FULLY UNDERSTAND THE S IGN-
NIF ICANCE OF ALL OF THE TESTIMONY AND THE RECORDS AND
IT MAY BE NECESSARY THAT FOLLOWING THE HEARING THE COURT
WILL HAVE TO CALL ON YOUR FOR A POST T R IA L MEMORANDUM
IN WHICH YOU RELATE WHAT HAS COME FORTH HERE AT THE
TRIAL TO THE S P E C I F I C E X H I B I T S SO THAT WE UNDERSTAND
AND DO NOT OVERLOOK SOME FACET OF I T .
ALL RIGHT . MRS. MC DONALD, PL AIN
T I F F ' S E X H I B I T 18 WILL BE ADMITTED.
MRS. MC DONALD: YOUR HONOR, THERE
IS ANOTHER MATTER THAT I WOULD L I K E TO RAI SE WITH
RESPECT TO OTHER E X H I B I T S THAT HAVE BEEN INTRODUCED BY
E V E L Y N O V E R B E C K
O F F IC IA L CO U R T R E P O R T E R
337 ft-