Armmer v. Memphis Light, Gas and Water Division (Folder)

    EMPLOYMENT; Arinmer v . Memphis 
Ligh-t, Gas & Water Division



IN THE UNITED STATES DISTRICT COURT 
FOR THE TOSTERN DISTRICT OF TENNESSEE 

VrESTERN DIVISION

rr) states of At-IERICA, ). and LON ZOLA ARM'IER,) 
, • I I ' . I’laintif f-Intervenors,)
vs.
cirr or Memphis, a Municipal
Corporation, Defendant and 
CrotiU-Piaintiff, and
international brotherhood of )
ELECTRICAL WORKERS —  LOCAL ) 
UNION NO. 1288, Defendant and )
Cross—Defendant. )

CIVIL ACTION NO. C-74-286

LONZOLA ARMMER, et al.. 
Plaintiffs,
VS.
MEMPHIS LIGHT, GAS AND WATER 
division. Defendant and 
Third-Party Plaintiff, and INTERNATIONAL BROTHERHOOD OF 
INECTRICAL workers —  LOCAL iNtCN NO. 1288, Third-Party 
! n ' c r id a n t .

CIVIL ACTION NO. C-74-17

CONSENT DECREE

On January 15, 1974, 11 black einployees of Memphis 
Liqht, Gas and Water Division (Lonzola Axmmer, Robert Cummings, 
Athan Fletcher, Melvin Herron, Junior Holloway, James T.
Johnson, Ozell Johnson, O'Neal Jones, James Mayo, Joseph 
Townsend and George Washington) filed a lawsuit. Civil 
Action No, C-74-17, against the Memphis Light, Gas and Water 
Division. On March 12, 1974, the original Complaint was 
amended, adding 50 additional black employees of Memphis 
Light, Gas and Water Division as plaintiffs. On May 16,
1974, the United States of America filed a lawsuit against 
the City of Memphis, alleging that the City of Memphis, 
including the Memphis Light, Gas and Water Division, had



engaged in a pattern and practice of racial discrimination 
in employment. The issues raised by the Complaint filed by 
the United States in Civil Action No. C-74-286 with respect 
to the various agencies and departments of the City of 
Memphis, other than the Memphis Light, Gas and Water Division, 
were resolved by a Consent Decree entered by the court on 
November 27, 1974. ^

In October, 1974, upon motion of the United States,
Local 1288 of the International Brotherhood of Electrical 
Workers was added as a defendant in Civil Action No. C-74-286 
pursuant to Rule 19, F.R.C.P. Subsequent thereto, the 
Memphis Light, Gas and Water Division filed a cross-action 
against Local 1288 (I.B.E.W.) in Civil Action No. C-74-286, 
and filed a Third-Party Complaint against Local 1288 (I.B.E.W.) 
in Civil Action No. C-74-17.

On December 29, 1975, upon motion by plaintiffs, Lonzola 
Armraer, et al., private plaintiffs were permitted to amend 
their Complaint in Civil Action No. C-74-17 to show that on 
October 20, 1975, 60 of the named plaintiffs had been notified 
by the Attorney General of the United States that they had a 
right to file a lawsuit against the defendant, Memphis 
Light, Gas and Water Division, as a result of previously 
filed charges with the Equal Employment Opportunity Commission.

On Nov. 10, 1975, an Order was entered consolidating 
Civil Action No. C-74-17 and C-74-286 for trial. On 
April 28, 1976, the plaintiffs in Civil Action No. C-74-17 
were permitted to intervene in Civil Action No. C-74-286.

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Lonzola Anniner, et al. (hereafter referred to as private 
plaintiffs) brought their lawsuit against Memphis Light, Gas 
and V7ater Division to enforce the provisions of Title VII of ' 
the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000(e), 
et seq., and pursuant to 42 U.S.C. §§1981 and 1983. The 
suit further sought to enjoin defendant, Memphis Light, Gas 
and Water Division, from fiirther violating the Thirteenth 
and Fourteenth Amendments to the United States Constitution.
Civil Action C-74-17 was filed as a class ̂ action.

Civil Action C-74-285, filed by the United States of 
America, also alleged violations of Title VII of the Civil 
Rights Act of 1964, as amended, 42 U.S.C, §2000(e), et seq.,
42 U.S.C. §1981 and the Fourteenth. Amendment to the United 
States Constitution. Civil A.ction C-74—285 also alleged 
violations of the State and Local Fiscal Assistance. Act of 
1972, 31 U.S.C. §1221, et seq.

Both lawsuits challenged alleged racial discriminatory 
employment practices by defendants. Civil Action C-74-286 
also challenged alleged sex based discriminatory employment 
practices by the City of Memphis, including the Memphis 
Light, Gas and Water Division.

The parties hereby stipulate that there has existed in 
the Shelby County area a history of race and sex discrimination 
which this decree is designed to remedy in part. The Memphis 
Light, Gas and Water Division will hereafter be referred to 
as "MLGW" cind Local 1288, International Brotherhood of 
Electrical Workers, will hereafter be referred to as ”IBEW.”
MLGW and IBEW deny that they are engaged at MLGW in any 
deliberate pattern or practice of overt race or sex discrimination

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, oromotion, but MLGW realizes that certainin hiring or f
o mav have given rise to the inference that such|iracticcs

; of discrimination in hiring or promotion may havep r J i c t i c e s  oj-

urrcd. MI-GW states that for the purpose of avoiding any
<«f^.rences of discrimination, it has taken certain (arthor im-ej-

pa at MLGW to increase the employment opportunities of 
jualified blacks and females by transfers and. promotions and 
baa instituted an affirmative action program at MLGW. IBEW, 
while denying it has engaged or cooperated in any pattern or 
practice which could be discriminatory, agrees to the extent 
that the Memorandum of Understanding with MLGW is contrary 
to this Consent Decree, this Consent Decree shall govern.

For the same purpose and with the same intent, the 
parties are now willing to agree to the entry of a Consent 
P«,Toa providing for additional measures to be taken. All 
patties desire to insure that any disadvantage to blacks and 
fcnales that may have resulted from any past discrimination 
in obtaining employment and advancement is remedied so that 
cijual employment opportxinity will be provided to all. The 
parties, by agreeing to the issuance of this Order, waive a 
boaring and findings of fact and conclusions of law on 
issues raised by the Complaints except as specified herein 
with respect to Memphis Light, Gas and Water Division.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED AS 
FOLLOWS:

1. The defendants, their officials, agents and employees, 
end all persons acting in concert with them in the performance 
of Memphis Light, Gas and Water Division functions shall not

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n<j»ge practice which has the purpose or
St of unlawfully discriniaating against any employee of,<S f I CC L.

or any applic^^t or potential applicant for employment with 
j(tr-phis Light, Gas and Water Division, because of such 
iniivldual's race or sex, it being understood that remedial 
actions and practices permitted or required by■this Decree 
shall not be deemed discriminatory. Specifically, Memphis 
I Iqht, Gas and Water Division and, where applicable. International 
Brotherhood of Electrical Workers, shall’ not fail or refuse 
to hire, promote, upgrade, train or assign any individual or 
otherwise discriminate against an individual as an employee 
or applicant for employment with respect to compensation, 
terms and conditions or privileges of employment because of 
such individual's race or sex. No person shall be adversely 
affected or retaliated against in any manner by defendants 

that person has opposed discriminatory policies or 
t s i ? Ices or because that parson has made a charge of discriminatioi 

any governmental agency, or testified, assisted, or 
tIclpated in any manner in an investigation or prosecution 

nf such alleged discriminatory policies or practices.

2. The purpose of this Decree is to insure that blacks
• r*,4 women are not placed at a disadvantage by the hiring, 
vrtxiotlQn and transfer policies of Memphis Light, Gas and 
**«tor Division, and that any disadvantage to blacks and women 
«'*»lch nay have resulted from past discrimination is remedied
• <> that equal employment opportunities will be provided to 
•11« The defendants have agreed that in determining whether

l'*trt>oee has been achieved, an appropriate standard of 
le the proportion of blacks and women in the 

*•» » ...inty lebor force. The defendants agree to undertake

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as the long-term goal in this Decree, subject to the avail­
ability of qualified applicants, the goal of achieving 
throughout the Memphis Light, Gas and Water Division work 
force, proportions of black and female employees in each job 
classification approximating their respective proportions in 
the Shelby County civilian labor force, except that for 
those job classifications with fewer than five employees, 
achievement of the long-term goal will be evaluated by 
grouping those job classifications by salary grades and 
achieving those proportions of black and female employees 
for that group of positions within each salary grade.

(a) Except as otherwise provided in paragraphs 3 and 4, 
in meeting the long-term goal for black employees, defendants 
shall adopt and take all reasonable steps to achieve the 
interim goal of filling with qualified blacks at least fifty 
percent (50%) of all vacancies in job classifications, or 
salary grades as defined above, where the long-term goal has 
not been met.

(b) Except as otherwise provided in paragraphs 3 and
4 ̂ with respect to employment of women, the defendants shall 
adopt and take all reasonable steps to achieve the interim 
goal of filling with qualified women at least one-third 
(1/3) of all vacancies in job classifications, or salary 
grades as defined above, evaluated on the clerical schedule 
and at least one-third (1/3) of all vacancies in the entry 
level non-supervisory M-P-T pay schedule, where the long­
term goal has not been met, and an overall interim goal of 
twenty percent (20%) of the vacancies (other than in housekeeper 
positions) in job classifications, or salary grades as

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defined above, classified as entry level or entry level LOP 
positions on the trades and crafts schedule.

The parties agree to review these interim goals for 
women after the second year of the Decree and to modify 
those goals where it appears necessary to achieve promptly 
an appropriate level of female participation and,' if necessary, 
to establish promotional goals for women in trades and crafts

Ipositions. Compliance with interim goals' established 
pursuant to this Decree shall be measured on an annual 
basis.

3  ̂ Pqj- those positions where MLGW has in fact uniformly 
required engineering degrees, tne defendant shall escablish 
and take all reasonable steps to achieve an interim goal of 
filling at least one-third (1/3) of vacancies in such 
poaitidns with qualified black and/or female applicants.
The level of this interim goal shall be reviewed by the 
parties after the second year of this decree on the basis of 
the performance of MLGW during that period and the avail­
ability of black and female applicants in that professional 
area.

4. MLGW shall immediately review the files of all 
incumbent black and female employees to determine which are 
qualified to hold supervisory positions. These employees 
shall constitute a promotion pool to be augmented quarterly 
by other black and female emproyees found to be qualified.

Any black or female employee who has seniority in his 
or her department equal to that of the most junior white or

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male foreman or supervisor in the same department at the 
time he or she was promoted to a foreman or supervisor, 
shall become a member of the promotion pool unless MLGW 
shall determine on the basis of a review of objective 
criteria of work performance and other qualifications that 
such employee is not qualified for supervision- In all such 
cases MLGW shall set forth in its periodic reports, in 
specific factual terms, its reason for such determination.

Utilizing this pool or outside recruitment as deemed 
appropriate, MLGW shall establish and taJce all reasonable  ̂
steps to achieve a goal of filling at least 50% of the total 
annual vacancies in supervisory positions with blacks and 
females, subject to the availability of qualified applicants.

This procedure shall be continued until such time as 
the number of blacks and females in supervisory positions 
substantially meets the long-term goals established in 
paragraph 2 hereof. In the filling of vacancies in super­
visory positions, pool members with no supervisory experience 
may be limited to filling vacancies at the first level of 
supervision.

5. For purposes of this decree, the term "affected 
class", shall include:

(a) All incumbent full-time black employees hired 
prior to January 1, 1973, into the positions of pipe- 
layer, utility worker, helper, porter, maid, laborer, 
derrick helper or equivalent unskilled classifications.

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(b) All female full-time incumbent employees initially 
hired into clerical schedule positions or as maids or 
housekeepers.

MLGVJ shall provide within thirty (30) days of entry of this 
Decree a list of all members of the affected class, together 
with each person's race and sex, current department, area 
and job classification, pay grade and "Division" seniority 
date. ( i

6. For all purposes of promotion, transfer, layoff and 
assignment, the seniority utilized by a person in the 
affected class as defined in paragraph 5 shall be that 
person's "Division" seniority.

7. (a) In meeting the long term and interim goals 
established pursuant to this Decree, IILGW shall utilize the 
following procedures for filling non-supervisory positions:

(1) In filling vacancies in the bargaining unit which, 
under the provision of the Memorandum of Understanding, 
are open to bid, MLGW shall follow the procedures in 
the Memorandum, subject to paragraph 6 above, except 
that bids shall be accepted from any Division employee, 
and that where a member of the affected class is the 
senior qualified bidder who meets the minimum qualifications 
for the position, that person shall be selected for the 
vacancy.

(2) In filling vacancies in lines of progression 
established in the Memorandum of Understanding, MLGW

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shall follow the provisions of the Memorandum of Under­
standing, subject to paragraph 6 above, except that 
when the operation of the provisions would prevent 
compliance with the interim goals established in this 
decree, MLGW shall by restricted posting, make such 
vacancy available to all members of the affected class, 
and select the senior qualified member of -the affected 
class who has applied to promote or transfer to the 
position. In the event no qualified member of the 
affected class indicates an interest in the vacancy, 
selection shall be made according to the line of progres­
sion provisions of the Memorandum.

(3) Vacancies in non-bargaining unit, non-supervisory 
positions shall be open to all Division employees.
Such vacancies shall be filled STibject to the interim and 
long term goals established herein.

(4) A determination that utilization of the affected 
class remedy in 7(a)(2) above is necessary for a given 
promotion or transfer shall be made where the operation 
of the Memorandum would prevent compliance with the 
appropriate interim goal for that reporting period, or 
when considered with performance in earlier reporting 
periods.

(b) In meeting the interim (and long term) goals 
established pursuant to this Decree, shall establish
on-the-job training and necessary classroom instruction 
programs, and regularly review its assignment of work out

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of classification in a manner designed to reasonably insure 
that qualified black and female personnel will be available 
to fill vacancies as they occur in positions subject to such 
goals. In selecting persons for participation in training 
programs, MLGW shall follow the provisions of the Memorandum 
subject to paragraphs 6 and 7(a) above, with preference for 
*3ualified members of the afrecred class as defined in paragraph 5 
of this Decree. . ^  ”

(c) Defendants agree that, in the event of a layoff or 
reduction in force, all reasonable steps will be taken to 
minimize the effect of such actions on the achievement of 
the goals of this decree. MLGW shall notify counsel for the 
plaintiffs forty-five (45) days in advance of any proposed 
layoff or reduction in force, specifying those persons, by 
race and sex, to be affected by such action, whether by 
transfer, demotion, layoff or tearmination; and specifying 
the effect of the actions on the achievement of the long­
term goals of the decree. If such actions will have a 
significant adverse effect on black or female employment in 
those areas subject to interim goals, MLGW shall indicate 
what alternatives to layoff or reduction were considered and
the reason for rejection of these alternatives. If counsel

plaintiffsfor the government or private/objact to the proposed action' 
of MLGW, the parties shall meet prior to implementation of 
the proposal to attempt to resolve the disagreement. If 
agreement cannot be reached, the matter may be referred to 
the Court for resolution.

8. (a) MLGW shall distribute the sum of $800,000 to
the incumbent employees who come within the definition of

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the black affected class set out in paragraph 5(a), and to 
those persons who would have coae within the definition of 
that class, but who retired on pension subsequent to March 24, 
1972 Distribution of the sun shall be made on a formula to 
bd approved later by the Court at a hearing on — -------------

(b) A backpay and incentive' pool in the amount of 
$40,000 shall be established for payment to female members ^  
of the affected class who transfer to "no^.-traditional" 
positions and successfully complete the 90\day probationary 
period. Such payments, in the amount of $1,000 to each 
person qualifying, shall be made immediately to each of the , 
persons on Attachment A. Those other women on Attachment B. 
who are entitled to priority in transfer to non-traditional 
positions shall also be entitled to this payment upon successful 
transfer. "Non-traditional" positions for purpose of this 
paragraph include all positions on the T&C Schedule except 
Housekeeper, and all other positions held predomxnantly by 
males and requiring field work.

(c) In addition to the general relief awarded by 
■̂ jLrtue of the above paragraph, 2'HjGW shall also provide 
specific relief to the individuals and in the manner specij.ied 
on Attachment B hereto.

(d) The amount of $71,604.32 in attorney's fees and 
costs shall be paid to counsel for plaintiffs, Armmer,
et al.

(e) Distribution of the group monetary relief provided 
for herein shall be accomplished within 45 days after approval

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by the Court of this distribution provision, and the accompanying 
notices and releases.

Other specific relief set forth in paragraph 8 shall be 
accomplished upon entry of the decree, unless othem^ise 
specified.

9. No member of the affected class who makes a lateral 
or downward transfer for the purpose of enhancing promotional 
opportunities, shall be paid at a lower rate than the rate 
for the job from which the person transferred including any. 
regular within grads increments the person would have 
received had the person remained on that job. A person 
utilizing rate retention, p’orsuant to this paragraph who 
returns or is returned to the original job pursuant to 
paragraph 10, may utilize the right to rate retention on a 
subsequent transfer, provided, however, that this right to 
rate retention may not be exercised on more than three 
occasions. The right to rate retention shall continue until 
the person has reached that level in the new department or ' 
line of progression where the rate of pay is equal to or 
higher than that in the previously held job classification.
A transferee shall lose this privilege of rate retention if 
the person refuses a promotion in the new department for 
which he or she is eligible and qualified.

10. If a member of the affected class shall transfer 
to a new position pursuant to pauragraph 7, the person shall 
be given a reasonable opportunity [at' least ninety (90) 
days] to determine if he or she wishes to remain in the 
position or for the employer to determine if he or she is

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able to perform the job. Should the person wish to relinquish 
the position, or the employer determine that the person is 
not able to perform the job, the person may return to the 
},reviou3 ly held position with the same pay as prior to 
iLinaler and without loss of seniority. Whenever such a 
,.«,raon io determined by the employer not to be qualified or 
capable of performing in the position, the employer shall 
subfalt in its periodic reports to the plaintiffs a 
written statement detailing the basis for fhe person’s 
removal from the position.

<
11. All members of the affected class shall be personally 

notified of the provxsions Oj. tnis Decree and specifxcally
of the opportunity to transfer and/or promote to other 
positions in MLGW when such vacancies occur and are posted 
for bid by the Personnel Office of MLGW. The positions will 
ha jHiSted on the bulletin boards of each department for a 
poriod of ten (10) xrark days. Application forms will be 
.•ivaliable in each area and will be accepted for an additional 
three (3) work days after the close of the posting period, 
Saturdays, Sundays and holidays excluded.

12. (a) MLGW shall discontinue the use of all exami­
nations for hire, promotion or transfer except tests of 
actual job content for the position. MLGW may continue to 
utilize tests of actual job content until such time as a 
tost indicates a significant adverse impact on black or 
female applicants. If counsel for the United States, 
private plaintiffs or International Brotherhood of Electrical 
Workers believes that any such test has significant adverse 
impact on blacks or females, they shall so notify MLGW and .

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the parties will meet within thirty (30) days to determine 
whether MLGW can show that the test is lawful under Title VII 
and the guidelines issued thereunder at 29 C.F.R. 1607 
ct %eq- If the parties are unable to resolve the matter 
within forty-five (45) days or notirication, the matter will 
t,o BuSxaitted to the Court for adjudication. I4LGW agrees 
that it will not act upon the results of any such test after 
notification by plaintiffs, pending resolution of the matter 
by voluntary efforts or by the Court.

(b) Should MLCT wish to utilize examinations for hire, 
promotion or transfer other than s3<ills tests covered in (a) 
above, copies of the tests shall be forwarded to all counsel 
for approval at least ninety (90) days prior to the utilization 
of the test results, together with sufficient information 
including data on the validity and the relative impact by 
race and sex, to show that such tests are lawful under 
Title VII and the guidelines issued thereunder. MLGW shall 
not utilize any such test results without prior written 
approval of all counsel, or, if the parties are unable to 
agree on the lawfulness of the test, prior to approval by 
the Court of the use of the test results-

Nothing in this paragraph shall prevent the admini­
stration of tests on a research basis during the term of 
this Decree, provided the results of such tests are not 
utilized in any manner in hiring, promotion or transfer 
decisions or in the evaluation of personnel, and the scores 
and/or relative performance of the parsons tested are kept 
secure, i.e., are not made known to employees other than 
those Personnel Department employees or consultants directly 
involved in the analysis of the test.

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13. (a) No employee or applicant for hire, promotion
or transfer shall be barred from consideration by the 
failure to meet any formal education requirement, and the 
level of a formal education requirement shall not be a 
defense for failure to meet interim goals established hereunder 
unless MLGW can show by empirical studies that prior completion 
of such education or training is substantially related to 
successful performance of the job in question and required 
by business necessity. ,  ̂ '

(b) If a dispute arises among the parties over the 
employer’s application of educational requirements to a 
black or female applicant, or over the educational require­
ments set out for a particular position or group of positions, 
they shall meet promptly to resolve the dispute. If the 
parties cannot agree, the matter shall be presented to the 
Court for resolution. International Brotherhood of Electrical 
Workers is restricted to objecting pursuant to this Decree
to educational requirements for bargaining unit positions.

(c) MLGW shall submit all new job descriptions or 
modifications in the position requirements in current job 
descriptions to counsel for the United States and private 
plaintiffs at least thirty (30) days prior to the proposed 
date of implementation. All bargaining unit job descriptions 
shall also be supplied to counsel for International Brotherhood 
of Electrical Workers.

14. MLGW will engage in affirmative recruitment 
activities consistent with its obligations to take all 
reasonable steps to reach the goals set forth in this

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Decree, and to insure that MLĜ -J*s policy of non-discrimination 
in hiring and promotion is emphasized to blacks and women. 
These recruitment activities shall include active affirmative 
recruitment among incumbent black and female employees for 
applicants for all traditionally white and/or male positions, 
maintaining active contact with area high schools, technical 
and vocational schools, and with organizations such as the 
Urban League, the NAACP, NOW, Operation PUSH, Tennessee ’
Department of Employment Security, and WAGES and regularly 
informing them of employment opportunities in the Division.
In addition, where appropriate, advertising of employment 
opportunities shall be placed in mass media primarily 
directed to black and female audiences.

15. MLGW shall inform all employees that, as a matter 
of company policy, racially segregated locker, restroom and 
eating' facilities are prohibited. MLGW will also review the 
use of such company facilities and take all reasonable steps 
to assxire integration including where appropriate, the 
closing of unnecessary facilities and the reassignment of 
lockers on an alphabetical, random or other appropriate non- 
racial basis.

16. MLGW shall retain during the period of this Decree 
all records necessary to support the implementation of this 
Decree. These records shall be made available to the 
Department of Justice and counsel for private plaintiffs for 
inspection and copying upon written requests. The records 
maintained shall include:

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a. A list of all organizations and schools which are 
contacted pursuant to paragraph 14, showing the date of 
each contact, persons contacted, name and position of 
defendant's employee who made the contact and nature of 
the contact.
b. A summary or compilation of all other recruitment 
activities aimed at blacks and women, together with 
date(s) of such efforts, name and position of MLGW's 
employee who made the contact, and the nature of the 
contact.
c. All applications and related records for all
persons seeking employment with MLGW, and-,all requisitions, 
bid slips, job announcements and related records for 
persons seeking or considered for transfer or promotion 
within MLGW. Such documents shall he race and sex 
identified to the extent necessary to allow monitoring 
of the provisions of this Decree. The records retained 
shall include, where applicable, copies of tests 
administered, and of test results.
d. All written communications between MLGW and applicants 
for initial hire, transfer or promotion.
e. The list of niembers of the supervisory pool, 
identified by race and sex, required by paragraph 4.
f. All records relating to the operation of the training 
programs required by paragraph 7(c) above, including
all applications, correspondence, curriculum materials, 
evalution of performances, and records of training 
received by individuals.

17. On .'January 31, next following entry of the 
Decree, and the following July 31 and Jan.' 31 of each 
subsequent year during the term of -this Decree, MLGW shall 
report to all counsel the following information for -the 
preceding six month period,

(a) A summary showing the total number of employees by ' 
race and sex in each job classification at MLGW at the 
end of the reporting period.

(b) A report showing the positions for which persons
in the affected class have applied, name of -the persons.

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the dates of such applications and whether or not such 
applications were successful. The report should also 
show any positions which the persons in the affected 
class have been offered but which they refused,showing 
both the job offered and the dates thereof.

(c) A list of all employees hired since the last 
report was filed indicating the name, race, sex and job 
classification(by code and pay grade) of each.

(d) A list of all persons, by job classification, to 
whom promotion has been offered under paragraph 4 of 
this Decree and whether or not that promotion has been 
accepted.

(e) A breakdown of the applicant flow for MLCT by race 
and sex which indicates the number of applicants by 
race and sex hired, rejected and pending for each entry- 
job classification.

(f) A list of all promotions by area, job code cind pay 
grade with -the name, race, sex and date of hire of the 
employee promoted and the date of -the promotion.

(g) A summary of all minority recruitment efforts, 
indicating all sources and media which were utilized.

(h) A list of tests utilized with test and job identified, 
and showing test results including scores if applicable
by name, race and sex. A copy of the test may be 
examined upon written request.

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(i) A suiamary of training provided, including lists of 
all persons by race and sex being provided training by 
department, skills or positions being trained for, and 
amount and type of training received. The report shall 
include a computer printout of work out-of­
classification during the reporting period, showing for 
each person the race/sex code, current and job
code and out of class area and job cpde and hours
worked. \

18. Copies of this Decree shall be posted by MLGW in 
conspicuous locations within each area. Further, MLGW shall 
appoint an EEO officer whose duties shall include:

(a) To advise black and remale employees of the terms 
of this Decree;

(b) To receive and investigate complaints of race and 
sex discrimination, and to conciliate when appropriate; 
and

(c) To maintain a complete record of all actions taken 
in pursuit of the duties outlined above, including all 
correspondence directed to the I4LG>7 and/or any investi­
gatory files. The individual appointed as EEO officer 
shall be sensitive to the issues involved in this 
matter and the person’s office hours and location shall 
be posted conspicuously beside the Consent Decree.

19. All parties agree to submit to the Court for 
adjudication the following issues only:

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(a) Issues relating to the modification in 7(a)(2), for 
the purpose of eliminating the effects of past discrimina­
tion, of the selection procedure established for bargaining 
unit positions under the :^emorandum of Understanding 
entered into between ;-!LĜ-r and IBEv‘7 Local 1288.

(b) Issues in Civil Action No. C-74-286 relating to
the sick leave, pregnancy' leave and pregnancy disability-- 
policies and practices of 2ILGW, including issues of 
compensation and seniority relief.

The parties agree to the entry by the Court of all 
other terms of the attached Decree in resolution of the 
remaining issues raised with respect to flLĜ f by the com­
plaints in these consolidated suits.

For the purposes of resolving the issues raised in (b) 
above, the parties in that suit will be allowed to reopen 
discovery solely on those issues for a period of sixty (50) 
days from entry of this Order, and a hearing on those issues 
shall be set by the Court on October 4, 1975.

For purposes of deciding the issues in (a) above, the 
parties will enter into stipulations of fact and submit the 
issue to the Court for hearing on

20. The Court retains jurisdiction of this action for 
such further orders as may be appropriate. At any time 
after five years subsequent to the date of the entry of this 
Consent Order, the MLGW may move the Court upon forty-five

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(45) days' notice to counsel for the parties for dissolution 
of this Decree, and in considering whether the Decree should 
be dissolved, the Court will take into account whether MLGW 
has substantially complied with this Decree and whether the 
basic objectives of the Decree have been achieved.

APPROVED:
FOR THE UNITED STATES

UNITED STATES DISTRICT JUDGE

Gerald F. George, Esq. - 
Grover G. Hankins, Esq.
Naomi E. White, Esq.United States Department of Justice

FOR LOCAL 1288, INTERNATIONAL BROTHERHQQB OF ELECTSiQL WORSE?^

Saul C. Belz,'> _
Burch, Porter & Johnson

FOR MEMPHIS LIGHT, GAS 
fi WAT^R DIVISION

(_^'rierson M. Grave's^Jr. Earl DeHart, Esq.

-  22 -



ATOACtC’E N T  A

1, Col^a Rosser
2, Pat Chumney 
J, Lcxic Coleman 
«, Cva Harvey
%, Maty Coleman 
U, Tholma Hapner
7. Barbara Owen



Hi B

AW'IHER vs. MEMPHIS LIGHT GAS & WATER'DIVISION

Specific Relief For The
1. James Pugh
2. Emerson Crenshaw

Private Plaintiffs:

3. John Thompson

4. Virgil Hillard

5. Leonora Pipkin

6. Daniel Engrain
7. Louis Edwards

8. Athan Fletcher
9. 'Thomas Foster

10. Robert Bonner
11. Charles Plummer

12. Moses Stevenson
13. Elbert Taylor

14. Lonzola Armmer

Priority on promotion to Foreman.
Priority to Foreman in the V7ater 
Department and $1,000.00 if not 
so promoted within one year of the 
entry of the consent decree.
 ̂Priority to Foreman behind Crenshaw 
and $1,000.00 if not so promoted 
within one yp^r of the entry of 
the consent decree. ^
Promotion to Crew Leader and $1,000. 
if not SQ promoted within one year 
of the entry of the consent decree.
Seniority date adjusted to April 15, 
1975 for the position that she 
presently holds. -
Priority to Heavy Equipment Operator
Second Priority to Machine Operator 
in Water Department (after Lonzola 
Armmer).
Priority to Meter Service Investigar;
Priority to Oxyacetylene Welder ' 
and $1,000.00 if not so promoted 
within one year of the entry of 
the consent decree.
Priority to Auto Mechanic Trainee-.
Priority to Crew Leader 'VI and~~ 
$1,000-00 if not so promoted iTithir. 
one year of the entry of the consen- 
decree.
Priority to Meter Reader.
Priority to Foreman in the Water 
Department and $1,000.00 if not so 
promoted within one year of the 
entry of the consent decree
Promotion to Machine Operator now 
with understanding he will work to 
raise his retirement or the option, 
retire now and receive $2,000.00 Li: 
sum payment not creditable towards 
retirement.

Prioritv means that the job will be offered to the 
affected plaintiffs v;hen the first opening occurs-. Priority
. • t  t _ _ •___  __j-rn A ■HVi;will continue until the job has Seen ottered to that person and 
refused by him or her. "Foreman Promotion" means promotion to 
foreman in the particular department where the person is presentl-, 
assigned.



U. S. V. CITY OF MEMPHIS 
Snecific Eelisf

1. Promotion to T&C V-4 now; to T5C V-5 in January 1977; must com­
plete trainee program or be returned to appropriate grade and 
step, but in .no lower than current grade and stepany event'

Nathaniel BrigaLnce 
Roy Brown
W, G. Herron (to 5-5 effective May 1977)

2. Promotion to T&C V-5 now
Slaughter Brown
Gus Cooper (red circle) - ' •
George Ratliff (red circle)
Ruzell Chinn
William Gray ' , -
Calvin Jones 
Leroy Somerset

3. Promotion to Gas Fitter at TSC VI-5 now
Edward Stevenson

■ 4. Promotion to Gas Meter P^pairer, T&C IV-5, within 5 months 
Vftn, Leatherwood

5. Priority to Foreman or Wall Tender
Eddie Lee Hill 
Caesar Herron 
Howard Luellen

6. Promotion to Senior Auditor, MPT III
Linda Coker . ' .

7. Raised to CL VI-5 - . .
Pat Chimney

8. Raised to CL IV-5
Mary Anne Hall

9. Priority to Claims Adjustor position or next field position for 
which interested and qualified, with seniority date and salary then adjusted as if promoted August 1974

Carolyn Williams
10. Priority to Industrial Meter Reader or other field position for 

v;hich interested and qualified, with seniority date and salary then adjusted as if promoted August 1973
. •Nina Larkin

11. Payment of $2,000
Linda Adams