Summary
finding that proof of gross statistical disparities, nonstatistical proof showing specifically enumerated departures from hiring hall practices, and testimony of minority individuals regarding their attempts to seek access to hiring hall may create or corroborate inference of employment discrimination
Summary of this case from Attenborough v. Const. and General Bldg. Laborers' Local 79Opinion
Nos. 80-2159, 80-2160.
Argued February 24, 1981. Reargued In Banc May 12, 1981.
Decided May 19, 1981.
Marvin I. Barish and Gordon Gelfond (argued), Philadelphia, Pa., for appellants Local Union 542 and Operating Engineers Joint Apprenticeship Training Committee.
John J. McAleese, Jr., Thomas J. McGoldrick (argued), D. Richard Powell, Jr., Luis A. Minella, Cuniff, Bray McAleese, Bala Cynwyd, Pa., for appellants Operating Engineers Joint Apprenticeship Training Committee.
Harold I. Goodman (argued) and Germaine Ingram, Community Legal Services, Inc., Philadelphia, Pa., for Individually Named and Class Appellees.
Joel M. Ressler, Louis J. Rovelli, Margaret Hunting, Deputy Attys. Gen., LeRoy S. Zimmerman, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for appellee Commonwealth of Pennsylvania.
Appeal from United States District Court for the Eastern District of Pennsylvania; Louis C. Bechtle, J.
Before WEIS and GARTH, Circuit Judges, and MILLER, Judge, Court of Customs and Patent Appeals.
The Honorable Jack R. Miller, United States Court of Customs and Patent Appeals, Washington, D.C., sitting by designation.
Before SEITZ, Chief Judge, ALDISERT, GIBBONS, HUNTER, WEIS, and GARTH, Circuit Judges.
Argued Feb. 24, 1981.
Reargued May 12, 1981 In Banc.
OPINION OF THE COURT
Essentially for the reasons set forth in the opinions of the district court, see Commonwealth of Pennsylvania v. Local Union 542, 469 F. Supp. 329 (E.D.Pa. 1978); 488 F. Supp. 988 (E.D.Pa. 1979); 502 F. Supp. 7 (E.D.Pa. 1979), and to the extent that the judgment of the district court is challenged by these appeals, the judgment of the district court will be affirmed.