Settlement Reached in Suit Against Birmingham Southern Railroad Co. and United Transportation Union

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From: Norman Bloomfield 
NAACP Legal Defense and Educational Fund, Inc. 

10 Columbus Circle 
New York, New York 10019 

Contact: Demetrius C. Newton 

(205) 252-9203 

Barry Goldstein 

(212) 586-8397 

FOR IMMEDIATE RELEASE 

BIRMINGHAM, ALA., Jan. 9 - The NAACP Legal Defense and Educational 

Fund today announced settlement of a long-standing suit against the Birmingham 

Southern Railroad Co. and the United Transportation Union on behalf of black 

employees who have fought for more than 20 years to obtain job promotion 

rights. 

The settlement, approved in the federal district court here by 

Judge Seybourn H. Lynne following a decade of legal action, gives 46 black 

workers the right to move beyond entry-level switchman jobs -~ and the right 

to apply for foreman and supervisory posts from which they previously have been 

barred. All but three of the men are taking advantage of these rights since 

each has more than 20 years, and some have more than 30 years seniority. 

The consent agreement also provides $120,000 in back pay awards 

to 43 members of the plaintiff class for income lost as a result of past 

discrimination. Those who have worked continuously from 1965 to the present, 

therefore, will receive minimum awards of $1,250 apiece, with about half of 

the class members receiving between $3,000 and $7,900 each. 

The court additionally awarded $40,000 for attorneys' fees and 

$4,681 for costs and expenses. 

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Commenting on "the long struggle by the plaintiff class to 

vindicate its rights," the Legal Defense Fund's director-counsel, Jack 

Greenberg, noted: 

"The case (Jack A. Gamble v. Birmingham Southern Railroad Co.) 

exemplifies how far the courts have moved in recent years to implement 

the job provision (Title VII) of the Civil Rights Act of 1964. 

"When this case was initiated in 1966, the Act was relatively 

new, and our lawyers were blocked by technical questions of procedure. 

However, federal judges now deal consistently with the merits of employment 

discrimination suits, and in cases like Gamble, generally hold that those 

who suffer from racial discrimination must be compensated for the loss of 

past earnings -- and be given an opportunity to reach their rightful place 

in the economy. 

"In short," he added, "the courts are reluctant to allow 

procedural technicalities to bar claims -- and it may be that Gamble is 

among the last of hundreds of private employment discrimination suits 

to be so protracted." 

The black plaintiffs were represented by Demetrius C. Newton, 

a Birmingham attorney functioning in cooperation with the Legal Defense Fund, 

and Barry Goldstein, a Legal Defense Fund staff attorney. 

The Birmingham Southern Railroad Co. is a wholly-owned subsidiary 

of U. S. Steel. 

REST 

NOTE TO EDITOR: The NAACP Legal Defense and Educational Fund is a completely 

separate organization, even though established by the NAACP in 1939. It has 

not been affiliated with the founding Association for more than 20 years. 

The correct designation is NAACP Legal Defense and Educational Fund, Inc. 

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frequently shortened to Legal Defense Fund. The organization has a 

national staff and headquarters in New York City and works with 400 

cooperating attorneys throughout the country.