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LR 622 F 98-99 Discrimination in Employment D. S. McPherson

PRECISION TECHNOLOGIES, INC. Belle Vernon, Westmoreland County, Pennsylvania

Affirmative Action Project

DIRECTIONS

As Director of Human Resources for Precision Technologies, Inc., you have the responsibility for all Equal Employment Opportunity and Affirmative Action duties. Using the data and information supplied, you are to draft for your superior, the Vice President for Operations, the identified key portions of a proposed three year (1999-01) Affirmative Action Plan for the Company. As required by Federal Regulations, your draft must include:

1. Detailed Utilization Analysis

The Utilization Analysis must focus on the distribution of Precision Technologies employees according to each EED Job Group. The Analysis must explicitly include separate identification of patterns in the employment of minorities and women. As required by EED Regulations governing affirmative action programs, any of the following factors pertinent to the Analysis must be considered for each Job Category:

A Minorities

(l) minority popUlation of the labor area stUTounding the facility; (2) size of minority unemployment force in the labor area surrounding the facility; (3) percentage of the minority work force as compared with the total work force in the surrounding labor area; (4) general availability of minorities having the requisite skills in the surrounding labor area; (5) availability of minorities having requisite skills in an area in which the Company can reasonably recruit; (6) availability of promotable and transferable minorities within the Company; (7) existence of institutions capable of training persons in the requisite skills; (8) degree of training which the Company is reasonably able to und~rtake as a means of making all Job Classes available to minorities.

B. Women

(I) size of the female unemployment force in the labor area surrounding the facility; (2) percentage of the female workforce as compared with the total workforce in the surrounding labor area; (3) general availability of women having requisite skills in the surrounding labor area; (4) availability of women having requisite skins in an area in which the Company can reasonably recruit; (5) availability of women seeking employment in the labor or recruitment area of the Company; (6) availability of promotable and transferable female employees within the Company; (7) existence of institutions capable 0 training persons in the requisite skills; (8) degree of training which the Company is reasonably able to undertake as a means of making all Job Classes available to women.

2. Identitlcation of Problem Areasby Units and Job Categories

Problem areas within the entire organization, specific organizational units and job categories must be identified. Actions to be taken to ameliorate these problem areas consistent with the objectives of the Plan are to be described together with specification of implementation timetables and responsibilities.

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3. Establishment of Goals and Timetables

Goals and timetables for each EEO Job Category for ameliorating under utilization of minorities and women are to be developed for the three year period based on results that could reasonably be expected ifthe Company put forth every good faith effort. Goals may not be rigid and inflexible quotas but mustbe targets reasonably attainable in light of anticipated expansion or contraction in the work force and projected turnover during the Plan period.

In constructing your draft, you may utilize the statistical tables drawn from "Affirmative Action Program Planning Data, 1998" for the Pittsburgh Metropolitan Statistical Area, a document approved as meeting the minimum requirements ofOFCCP. (All data necessary for your analysis are either presented in these tables or may be extrapolated from them. Ifyou choose to use other data sources, which you may do, attach the pertinent data used to your project.

BACKGROUND INFORMATION

Precision Technologies, Inc. is a young company with a modern, expanding headquarters and manufacturing facility located in rural/suburban southwestern Pennsylvania approximately one mile from Belle Vernon in Westmoreland County but virtually at the intersection of the Westmoreland, Washington, Fayette, and Allegheny County borders. The company began just five years ago as a new, entrepreneurial organization. Its original product line was precision tooled metal instruments for use in medical and scientific applications. The company has expanded its product lines rapidly, however, and now also 'manufactures a wide variety of metal scientific and medical furniture, including such items as cabinets, stationary and portable laboratory stands; specialized tables, work surfaces, and desks; and ergonomically designed furniture for medical, dental and scientific settings.

The company has grown steadily to its present level of269 employees by late 1998. It recently entered into a cooperative effort supported by the Westmoreland County Chamber of Commerce as well as regional (Westmoreland, Washington, Fayette and Allegheny County) state and federal legislators which, from all indications, is imminently about to succeed in securing the firm's first federal contracts to supply federal medical and laboratory facilities; hence the need for a comprehensive Affirmative Action Plan..

Local Area

The Company is located just outside Belle Vernon near the Monongahela River, about 25 miles down river from Pittsburgh. It is in a redeveloped business park in the midst of an area formerly dominated by heavy manufacturing, including especially steel production and fabrication. Although the economy of the region has suffered enormously with the virtual loss of the steel

industry in the early 80s, signs of a comeback in light and medium manufacturing are beginning to appear. The transportation system is excellent to support redevelopment In addition to the Monongahela/Ohio River system, the Belle Vernon area has excellent highway access to Pittsburgh as well as to Ohio and West Virginia. Interstate 70 east to the Pennsylvania Turnpike and west to West Virginia and Ohio and Route 51 north to Pittsburgh and south to Uniontown and West Virginia are within two miles of the plant; Interstate 79 north to Pittsburgh and Erie and south to West Virginia is only 25 miles from the plant.

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With the projected completion of a southern expressway around Pittsburgh, Belle Vernon will be at the southern tip of a ring road around Pittsburgh connecting to all major east/west and north/south interstates. Pittsburgh International Airport will then be only about a 30 minute drive on four lane, limited access highway and the plant already has easy access to rail transhipping. Although the immediate surrounding area is very rural, the plant is easily within commuting distance of Pittsburgh's south and east suburbs and of the older, somewhat depressed industrial areas of the Mon Valley. California University of Pennsylvania is only five miles from the plant and branch campuses of Penn State in McKeesport and Connellsville and of the University of Pittsburgh at Greensburg are located within 20 miles of the plant. Washington and Jefferson and Waynesburg Colleges, liberal arts schools, and Indiana University ofPennsylvania are within 40 miles as are all the colleges and universities of metropolitan Pittsburgh. There are three vocational-technical high schools within 25 miles of the plant and a rich variety of private trade and vocational training institutions.

WorkForce

Precision Technologies still has a "lean and mean" orientation toward the number of managerial employees left over from its entrepreneurial beginnings. Its market base is now concentrated east of the Mississippi but the company anticipates expanding nation-wide once the government contracts are secured. Long range plans involve the possibility of adding electronics product lines, which would involve substantial expansion at the Belle Vernon site or building an additional facility elsewhere. The overall economic picture for the company looks very bright.

Growth: Presuming the government contracts are successfully secured, the company expects its work force to grow as follows over the next three years:

Management 3%} (tightly controlled) Professional 5%} (tightly controlled) Overall Total 10-15%} (most in production & sales)

Turnover: Over the past five years, the company has experienced the following approximate annual turnover rates, which it projects will continue during the Plan period:

Upper and Middle Management 8<% Technical and Sales 12% Office and Clerical 4% Production and Maintenance 6%

Labor Pools: The areas from which employees are recruited depends upon job category. In general, the company recruits as follows:

Management and Professional National, State (PA) and Regional (Pgh MSA) Technical and Sales State and Regional

Office and Clerical Local (Westmoreland, Washington, Fayette, Allegheny Counties)

Production and Maintenance Local for semi-skilled and unskilled Regional and State for skilled

Organization

Top management consists ofthe President; Vice President for Operations (production, Maintenance, Shipping & Receiving; Quality Control; Research & Development; Human Resources; Security); Vice President for Finance and Planning (Accounting, Purchasing, Bookkeeping, Billing, Advertising, Sales, Data Processing); and Plant Manager. There are also Department Managers and Directors and Managers overseeing functional, areas, The plant is not unionized; skilled craft employees are secured through recruiting as well as through formal apprenticeship programs.

Within the various job categories there are some reasonably anticipated potential lines of progression, although the company is sufficiently young and flexible, due to its rapid growth, that hard and fast lines have not yet been formally established. Some of the job groupings within which promotion andlor transfer have naturally occurred, assuming additional training as required, are:

Drafting -> Engineering Billing & Purchasing -> Bookkeeping -> Accounting & Auditing Quality Control <--> Laboratory <--> Testing Stenographer -> Typist -> Secretary Advertising <--> Photo/Design <--> Sales Operator -> Machinist Unskilled -> Semi-skilled Operator

The company currently has no internal, formal job skills training programs beyond on-the job training and basic employee orientation and safety programs. Management is not opposed to introducing training incentives (scheduling flexibility; tuition and fee reimbursement; formal lines of progression/lob ladders tied to training completion) to promote internal recruiting and Affirmative Action effectiveness. It is also open to establishing relationships with training and educational institutions and organizations to secure any specific training needed, either for delivery at the institution or for delivery at the plant site.

Top management is committed to producing a three-year Affirmative Action Plan sufficiently vigorous as to present no obstacles to securing government contracts and to demonstrate full, good faith effort. It has some recruiting cOncerns regarding the perceived unattractiveness of the Western PennsylvanialEastern Ohio region due to economic distress and long term unemployment. In addition, although management intends to keep its wage, salary and benefit programs competitive in order to be able to secure the necessary work force, it stiB sees Precision Technologies as an expanding, entrepreneurial firm. Profits, capital and market development, and sustained growth are far more of interest to management than being a pace setter for the industry in compensation and benefits.

PRECISION TECHNOLOGIES, INC. Distribution by EEO Job Category

Female FemaleMale FemaleMale TOTAL CATEGORY

MaleEEO.JOB White Black HIspanicBlaek HispanicWhite

#1 Officials & Managers

Pres & Vps 33

11PlantMgr

4 2 6Dept Mgrs

1 43Directors

Managers 3 3

#2 proressioDais

Accounting 4 2 6

6Engineering 6

HRJER 2 1 3

1Purchasing 1 2

Laboratory 3 1 4

#3 Technicians

Data Processing 4 2 I 7 ~--.-

Drafting 4 4

Photo/Design I 2 3

Laboratory 3 2 5

Dispensary 2 2

Traffic 2 1 3

Quality Control 1 2 3

#4 Sales \Vorkers

Advertising 1 1 2

Account Executives 12 3 15

#5 Office &: Clerical

Bookkeeping J 3

Billing 4 4 .~.

Clerks 5 2 7

Secretaries 8 8 r-----

Stenographers 4 I 5

Typists 5 I 6 ~---., ~-"~----

#6 SJdIIed Craft

Machinists 8 8

Electricians 4 4

Millwrights 5 5

Painters 1 I 2

Carpenters 2 2

#7 Semi-skilled

Operators 35 2 6 43

Assemblers 38 2 11 1 52

Testing 6 1 7

#8 Unskilled

Laborers 9 1 1 1 12

Warehouse 5 I 6

WJ Service Worlren

Custodians 3 2 I 2 1 9

Security 4 4

TOTALS 182 10 1 70 ~ 1 269

D. G. Wirth LR 622 November 11, 1998

Precision Technologies Inc:

Affirmative Action Plan 1999-2001

Background

Precision Technologies, Inc. is a small but expanding manufacturing facility

located near Belle Vernon, Pennsylvania, about 25 miles up-river from Pittsburgh. Belle

Vernon is in Westmoreland County but virtually at the intersection of the Westmoreland,

Washington, Fayette and Allegheny County borders. The Company produces precision

tooled metal instruments for use in medical and science applications, and most recently

expanded its product line to include a wide variety of metal scientific and medical

furniture.

Precision Technologies has grown steadily to its present level of 269 employees.

Its location is ideally suited for expansion. It is supported by an infrastructure of modern

highways and rivers. It is within easy commuting distance of Pittsburgh' s south and east

suburbs, the Pittsburgh International Airport and the branch campuses of three major

universities.. In addition, there are three vocational-technical high schools within 25

miles of the plant and a rich variety of private trade and vocational training institutions.

Long-range plans involve the possibility of adding electronic product lines, which

would involve expansion at the Belle Vernon site, or building additional facilities

elsewhere. The Company anticipates that it is about to succeed in securing the firms first

federal contracts and, if successful, expects its workforce to grow to approximately 300

employees over the next three years.

Precision Technologies still has a "lean and mean" orientation toward the number

of managerial employees left over from its entrepreneurial beginnings. That culture will

continue through the year 2001. Although the Company expects its workforce to grow

by more than 10 percent over the next three years, the growth of the managerial employee

group is tightly controlled and will increase by only 3-5% ofthe 1998 levels.

The upper and middle management groups, as wen as the technical and sales

groups have experienced extremely high turnover rates over the past five years (8-12%).

Precision Technologies recognizes its need to take advantage ofthis high turnover rate to

hire more minority and female candidates. The representation of both female and

minority candidates in several job categories is underutilized when compared with the

popUlation demographics of the areas from which they are recruited. Thus it is important

that Precision Technologies develop a comprehensive Affirmative Action Plan which

addresses the failure of the Company to find minority and female candidates for these

positions. Without such a plan, Precision Technologies will be unable to secure the

government contracts necessary to enable them to meet their long-range plans.

Utilization Analysis

It would appear that the overall composition of the workforce at Precision

Technologies is underutilized when compared with the Pittsburgh MSA demographics.

Minorities compromise 6.3% of the workforce as compared to a 7.2% overall availability

rate for the Pittsburgh area. Females compromise 28.3% of the workforce as compared to

an overall availability rate of 45.2% for the Pittsburgh area. These figures, however, are

misleading. The manufacturing of precision-tooled metal instruments for use in medical

and scientific operations requires a highly skilled workforce that is non-representative of

the Pittsburgh area as a whole. Comparing the Precision Technology workforce to

similar precision production occupations available in the Pittsburgh area, we find a very

favorable overall comparison for both minorities and females. This comparison reveals

our 6.3% minority population is higher than the 3.9 availability in the Pittsburgh area and

our 28.3% female popUlation is considerably higher than the 17.6% availability in the

Pittsburgh area.

t \

Although the overall aggregate of minorities and females reflect favorably with

the availability of precision production occupations in our area, the proper distribution of

minorities and females through our organization will require a substantial affirmative

action effort.

A detailed analysis of minorities and females in each of the nine EEO categories

reveals the following:

Category I - Officials and Managers

Precision Technologies currently has 17 employees in this category. Because of

the lack of available and qualified officials and managers in the surrounding labor

market, the Company has recruited regionally (pittsburgh MSA), statewide

(pennsylvania) and nationally to acquire qualified candidates. It filts approximately one

third of its vacancies from each source.

A.) Minorities - Using a weighted average of one third for each of these

recruiting areas, the availability rate for minorities is 8.0% in the

Officials and Managers category. Precision Technologies has no

minorities in this category. This is truly unfortunate because the lack

of minorities at this level pc-ojects a poor image to. both the internal

workforce and the public.

There are three universities m the local area from which we can

attempt to recruit minority candidates into some of our professional

and technical jobs and through skillful succession planning, chart a

course for them into the Official and Manager ranks. This would be a

long- range plan, however, and beyond the scope of this Affirmative

Action Program. There appears to be very little opportunity to

promote intemal candidates to this level during the next three years.

There is, however, one minority in Human Resources and one in

Quality Control, which mayor may not be a candidate for promotion

to a Departmental Manager's position.. This again, however, is long

range and beyond the scope of this program. Precision Technologies

is underutilized in this area.

B.) Females - As with minorities, females are underutilized in the

Officials and Managers category. Using the same recruiting regions as

for minorities in this category, the availability rate is 40.2%. In

addition, the availability rate in the Pittsburgh MSA is 38.7% and

Westmoreland County is 37.0%. Precision Technologies has only

three females in this category representing a utilization rate of only

17.6%. There are 16 females in our Professional and Technical ranks.

With proper succession planning, at least one should be available for

promotion into the Officials and Managers category over the next three

years.

Precision Technologies currently has 21 employees in this category. They include

professionals in the fields of Accounting, Engineering, Human Resources, Purchasing,

and Laboratory. Recruiting for professionals is done on a national basis with applicants

drawn equally from the Pittsburgh MSA region, the State of Pennsylvania and

nationwide. In establishing availability from each of these areas, we looked for

occupations within the Professional specialty job grouping that most accurately reflected

the skills we would consider relevant to professional occupations at Precision

Technologies as noted below:

Relevant Area Precision Technologies Profe~sj.QnallobJiLoupin..g B.~l~.Y.<!nt Job~

Architects Engineering Engineers Engineering/Laboratory Math & Computer Scientists AccountinglPurchasing Lawyers and Judges Human Resources

This selection excluded occupations dealing with health services, education, and

social workers, which have skills not compatible with jobs at Precision Technologies.

A) Minorities Drawing approximately one third of our professional

candidates from each of the areas and representative occupations

noted above, our availability rate for professional minority

candidates is 5.7%. Precision Technologies has only one minority in

this category for a 4.8% utilization rate. The professional minorities

available from our representative occupations in the Pittsburgh MSA

labor market is 5.1% and availability in Westmoreland County is

only 2.4%. Although we are well above the local Westmoreland

labor market, we are still slightly below our relevant recruiting

market. Accordingly, we are underutilized in this category.

B.) Females - The availability rate for females in our relevant recruiting

area is a weighted 20.3%. Precision Technologies utilization rate is

19% or 4 out of21 professionals. This number compared favorably

with the Pittsburgh regional area at 18.8% but is slightly less than the

Westmoreland County availability rate of 21.1 %.

This category is also slightly underutilized when compared to

availability in our relevant recruiting market.

Precision Technologies currently employs 27 people in the technical category.

Recruiting for our technical jobs such as data processing, drafting and laboratory

technicians is generally from the Pittsburgh MSA regional market as well as throughout

the State of Pennsylvania. Precision Technologies fills about 50% of its vacancies from

each source. In comparing these markets to Precision Technologies we utilized the data

from the occupational grouping entitled, "Technologists and Technicians Excluding

Health Care" to give us a more representative sample. Technical candidates should be

available in the Regional Pittsburgh MSA because of the relatively large number of

vocational technical high schools and training institutions in the area.

A.) Minorities - With a utilization rate of 7.4% minorities, Precision

Technologies is not underutilized in the Technical area when

compared to the availability rate of minorities in the Pittsburgh

regional area (7.1%). Although it is from this region that we draw

the majority of our technical candidates, we have chosen to weight

that percentage with the State availability rate of 9.3%. This

hopefully will encourage more minorities to seek out Precision

Technologies as an employer of choice and give the Company a

larger pool of minority candidates to consider if promotional

opportunities become available.

B.) Females - Precision Technologies employs 12 females in the

technical area for a utilization rate of 44.4%. This number is far in

excess of the availability rate for both the State (27.3%) and

Pittsburgh regional (24.6%) recruiting areas and gives the Company

a rather large pool of female candidates, which may qualify for

promotion into some underutilized areas of the Company.

Category IV - Sales

Precision Technologies also recruits its sales force from both the State and

Pittsburgh regional areas with approximately 50% of its candidates coming from each.

The Company currently has 17 employees working on jobs in this category and is

constantly looking for new sales personnel because of a very high turnover rate of 12%

annually.

A.) Minorities - Precision Technologies has no minorities working in the

sales category. This is particularly disturbing when you consider the

high turnover' rate. Over the past five years 16 sales personnel have

left the company creating job opportunities for minority candidates.

Yet Precision Technologies has not been able to recruit one minority

into this job category. Granted the availability rates for the State and

regional markets is relatively low (4.4%). In addition, the

availability rate in Westmoreland County is low (1.93%). In that our

sales force is a reflection of Precision Technologies to our

customers, it is important that we take a very proactive approach to

seeking out minority candidates for these positions. This area is

underutilized.

R) Females - Four (4) of the seventeen (17) employees in the Sales

Department are women giving Precision Technologies a utilization

rate of 23.5%. This rate is below the availability rate for females in

the Pittsburgh regional and state recruiting area of 32.9% as well as

below the local Westmoreland County market of 32.6%. This area is

also underutilized.

Category V -J.::lexi~ru

Precision Technologies has 33 employees working in the clerical field. Because

Belle Vernon is located at the juncture of four counties (Westmoreland, Washington,

Fayette and Allegheny) each county equally represents a potential labor market from

which to recruit clerical help. Accordingly, a weighted average of 25% from each county

was used to establish our availability rates.

A) Minorities - The availability of clerical minorities in our four county

area is 5.1%. Precision Technologies employs two, giving it a

utilization rate of 6.0%. With a low to average turnover rate in the

clerical field, we are fairly confident that we can retain our

utilization advantage above the 5.1% availability rate over the next

three years.

B.) Females - As with minorities, Precision Technologies is fully

utilized in the clerical category for females. The four county

availability rate of79.9% is below our utilization rate of84.8%. The

clerical area should remain fully utilized over the next three years.

Category VI - Skilled

Precision Technologies employs 21 highly skilled craftsmen which it recruits

from both statewide (25%) and Pittsburgh regional (75%) sources. We have been forced

into expanding our recruiting area statewide because of the lack of.qualified candidates in

our four county area. (1.7% minority and 3.5% female) The market for skilled

employees in our four county area is extremely competitive. Although there are good

vocational technical schools in the area, the emphasis in our high schools is to encourage

an students to go on to coJIege. College graduates returning to our area are finding it

very difficult to get a job in their major while our need for highly skilled labor goes

lacking. We benchmarked only the precision metal working occupations in developing

our availability rates in this category because they most close reflect the skill

requirements of Precision Technologies.

A) Minorities - The state and regional weighted availability rate for

minorities in the skilled category is 4.1%. The utilization rate at

Precision Technologies is 4.8%. Although we are fully utilized in

this category, we employ only one minority craftsman and would

certainly benefit from an additional minority in this category.

B.) Females We have no female craftsmen in our company. This is

not surprising in that the availability rate for females in the precision

metalworking job grouping for our four county area is only 3.6% and

the weighted availability rate for our state and regional recruiting

area is only 3.8%. We would surpass the availability rate by hiring

only one female into this job grouping (4.2%). We must realize,

however, that it will be very difficult to find a female willing to work

exclusively with male peers. Given the opportunity, we should try to

hire two females into our skilled job grouping.

The bulk of our employees (102) fall into the Semi-Skilled category. Here we recruit

exclusively from our four county area with equal weight given to each. This group is

almost evenly split between machine operators and assemblers. There are only seven

Inspector positions.

A.) Minorities - Minorities represent 4.9% of this job groupmg at

Precision Technologies. This is considerably lower than the 11.1%

availability for semi-skilled minorities in our four county area.

Semi-Skilled employees are not in short supply and we should have

little difficulty in finding qualified minorities to fill upcoming

vacancies. We are underutilized in employing minorities into our

semi-skilled jobs.

B.) Females .-- Precision Technologies employs 19 females in the Semi

Skilled category for a utilization rate of 18.6%. This rate is above

the availability rate of 10.9% for our four county area and we are

fully utilized in the category.

Category VIII -=pnskilled

The Company has 18 employees in the unskilled labor classification. These

positions are also filled from our four county area on an equal basis.

A) Minorities - The availability rate for unskilled minorities in our four

county area is 6.1%. Our utilization rate is 11.1%. We are fully

utilized in this job category.

R) Females - The availability rate for unskilled females in our four

county area is 13.8%. Our utilization rate is 16.7%. We are fully

utilized in this job category.

Category VIX - Service Workers

Precision Technologies employs 13 people in the Service category. These

positions are also filled from our four county area on an equal basis.

A) Minorities The availability rate for minority service workers in our

four county area is 5.0%. Our utilization of minorities in this

category is 30.8%. We are fully utilized in this category.

B.) Females - The availability rate for female service workers in our

four county area is 7.6%. Our utilization rate in this category is

23.1%. We are fully utilized.

Identification of Problem Areas

Our Utilization Analysis has pointed out several problem areas that need to be

addressed in our Affirmative Action Plan. Precision Technologies is underutilized in the

following job categories:

Category I - Officials and Managers

A. Minorities B. Females

Category n - Professionals A. Minorities B. Female

Category III - Technical

B. Minorities

Category IV Sales

A. Minorities B. Females

Category VI - Skilled

C. Females

Category VII - Semi-Skilled

D. Minorities

The underutilization in several of these areas is significant. This Affirmative

Action Plan will take advantage of relatively higher turnover rates and planned force

increases to correct many of the problem areas. We will make a good faith effort to

achieve and exceed our goals in each category we have identified as being under utilized

when compared with our relevant labor market.

Category I - Officials and Managers

Ail noted in our Utilization Analysis, there are no minorities and only three

females in the Official and Manager category. To achieve ful) utilization of females in

the Official and Managers category would require us to hire five females into that

category over the next three years. This is a stretch goal. Precision Technologies plans

to hire only five candidates in total into this category over the next three years. This

problem in compounded by the fact that we have committed to hire two minorities into

this category during the same time period. Thus, in order to meet this goal all five

anticipated vacancies would have to be filled by female candidates and at least two of

those candidates must be minority females. This effort presents a real challenge and will

be realized only with hard work and good luck. Our plan will include the following:

1. A dedicated search for both minority and Caucasian female candidates through

the use a world class professional search firm that specializes in Affirmative

Action recruiting. Although this type of search is expensive, it is not

prohibitive because the cost of the search can be spread over a three-year

perio&

2. Ads in regional and state-wide publications and trade journals that target

minority and female population such as the following:

• Society of Black Engineers

• Society of Hispanic & Professional Engineers

• Black MBA's

• Thurgood Marshall Association

• National Bar Association

• Society of Human Resources

Precision Technologies has three professionals in the Human Resources field,

This is a little heavy for a non-union company with only 269 employees

(average HR to population ratio is 1'100). We will dedicate one of those

professionals to spend 50% of his time on recruiting functions until our

Affirmative Action goals are met. Our intent will be to hire two females in

each of the first two years and one during the Year 2001. Two of the females

will be from minority groups.

Category IT - Professionals

Precision Technologies has a total of 21 employees that fall into the Professional

category. Ofthat group, four are females representing a utilization rate of 19% and one is

a minority representing a utilization rate of 4.8%. This compares with an availability rate

of20.3% (female) and 5.7% (minority). We expect a quick fix in this category for both

females and minorities. As can be noted in Exhibit #2, we expect to hire si'x employees

into this category over the next three years. The hiring of one minority candidate will

bring our utilization rate to 26.3% as compared with the 20.3 availability rate. The

females and minority categories will be fully utilized.

Our dedicated Human Resources recruiter will attend the job fairs held by Penn

State University and the University 'ofPittsburgh, as well as the annual regional job fairs

held in the Monroevilie Expo Mart. From these sources alone we ought to be able to fill

our Affirmative Action quota for Professionals over the next three years. Our goal will

be to hire both Affirmative Action candidates from the 1999 spring graduating classes.

In addition, it should be noted that we have two (2) Caucasian females and one

(1) Black female currently working in our data processing area. We will encourage them

as well as other Technicians and office and clerical personnel to take advantage of our

tuition reimbursement program and attend one of the many four-year degree programs

available in our area. We would much prefer to promote qualified internal candidates to

our Professional jobs than to hire from the outside.

Category ill - Technical

There are currently 27 employees working on jobs in our Technical category.

These jobs are normally filled through internal promotions from our office and clerical

workforce and, on occasion from our skilled craft group. In addition, candidates are

often available from our many region'!l vocational-technical high school programs and

from several of the community college programs that are available in our region. In

addition, we have been fortunate enough to recruit draftsmen, data processing personnel

and laboratory technicians with undergraduate degrees from our regional area college

four-year programs. With the high emphasis placed on our regional high school students

to attend college, there appears to be many graduating seniors unable to find jobs in their

field without moving out of the area. Consequently, they are available to take jobs at the

technical level and provide a pool of candidates for internal promotion. This, however,

may also account for the high (12%) turnover Precision Technologies has recently

experienced for employees working on our technical jobs.

Precision Technologies currently employs 2 minorities and 12 females in the

technical category for a respective utilization rate of 44.4% (female) and 7.4% (minority).

This compares with an availability rate of 26.0% for females and 8.2% for minorities.

Thus, we are currently fully utilized in the female category and underutilized by less than

one full person in the minority grouping. With our projected turnover rate and overall

force increases of one (1) over the next three years, we will hire eleven (11) new

employees into the Technical category. We will make a concentrated effort to ensure that

at least two (2) of these new hires are minority candidates even though only one (1) is

necessary to meet our Affirmative Action goals.

Category IV Sales

Precision Technologies' sales organization is underutilized in both the female and

minority categories. There are no minorities on our sales force and only four females.

Although the availability rate for minorities is a rather low 4.4%, the lack of any

minorities on our sales force projects a poor image to both our customers and the general

public. Our utilization rate for females is 23.5% as compared with an availability rate of

32.9%.

Our projections over the next three years provides us with a golden opportunity to

correct our underutilization. We anticipate a sales force increase of three (3), and will

require six (6) replacements to cover our high turnover rate. Of these nine (9) new hires,

we will ensure that at least one (l) of them is a minority and at least three (3) are female.

Achieving this goal may not be easy. Precision Technologies manufacturers

fairly specialized equipment for use in the medical field. Thus, knowledge of both is

essential which further limits the availability of qualified sales personnel. We will

achieve our goal, however, by initiating the following action plan:

• We will advertise our need for sales candidates in various medical supply

journals. Employees currently in the medical field such as lab technicians, nurses,

etc. are both familiar with our products and have first hand knowledge on how to

interface with our customers. We can then work closely with one of the regional

vocational technical schools or community colleges in developing a specialized

training program on basic sales techniques. The availability rate for females and

minorities in the Health Services field is much higher than the availability of sales

personnel (8.57% minority and 81.4% female in the Pittsburgh MSA).

• We will train our current sales force to identiry persons in the health service field

who have the potential to be good sales workers. They interface with consumers

of our laboratory products on a daily basis and should be able to provide a list of

qualified potential candidates by name and address from which our in-house

recruiter can source or needs.

• The military may also provide us with a source from which to recruit excellent

candidates. Hundreds of military personnel who have been trained in health

services type specialties are released from military service every year. Several

government agencies and many search firms are dedicated to the placement of

militarY personnel into civilian occupations and will be delighted to know of our

needs. These recruits may prove to be invaluable in helping us to achieve and

maintain our federal contracts because they will be familiar with the bureaucracy

involved in dealing with the government.

Category VI - Skilled

Precision Technologies has no females in the skilled craft category. This

certainly highlights a weakness in our program even though the availability rate in our

related recruiting area is very low (3.8%). StatisticaHy, we are fully utilized in the

minority category with a utilization rate of 4.8% as compared to an availability rate of

4.1%. Our utilization in the minority category, however, will become very borderline

during the next three years if we do not hire at least one (1) additional minority as part of

the seven (7) new hires planned for this category. Our Affirmative Action goal cans for

us to hire at least one (1) female candidate,

There are numerous sources In our regional area from which we can recruit

skilled workers including vocational-technical high schools and a variety of private trade

and vocational training institutions. We can also use the State Job Service as well as the

USWA job bank located in the District 10 office of the USW A. Newspaper ads are

another potential source of candidates.

There are several difficulties in attracting minorities and females into our area,

Availability for minorities in our four county area is only 1.7% which almost forces us to

recruit in larger areas. Our area is considered to be somewhat "red necked" and

minorities may well be reluctant to relocate to within reasonable commuting distance to

our shop. Our plan for recruiting a minority candidate is to form a recruiting minority

team consIstmg of our Black Human Resources professional and our Black Painter.

Together, they will visit the regional job fairs and promote Precision Technologies as an

equal opportunity employer.

Female candidates present a different problem. Although there are more females

than minorities available in our four county area (3.6%) the availability of females at the

Sate and even the regional area are quite limited to us because they do not have the

mobility of male candidates. Accordingly, we will concentrate on recruiting females

from our four county area vocational-technical schools and provide them with necessary

in house training.

Category VII - SelI!i-:-Skilled

Precision Technologies is fully utilized in the female category of the Se~i-Skilled

group. Our utilization rate is 18.6% as compared to an availability rate in our four county

area of 10.9%.

There is, however, a serious underutilization of minorities in this category. Of the

102 employees we have in this category, only five (5) are minorities. Our utilization rate

is 4.9% compared with an availability rate in our four county area of 11.1%. We will

have ample opportunity to correct this imbalance during the next three years. We plan to

hire 22 employees into our unskilled ranks over the next three years. In doing so, we will

target seven (7) of those vacancies to be filled by minority employees. In that the

majority of training required for those jobs is in-house, trying to find experienced

employees is not a priority. We will concentrate on finding minority employees with a

good work ethic and the ability to learn. Recruiting sources may include the

Pennsylvania Job Service, the Private Industry Council, newspaper ads and referrals from

our existing employees. I do not anticipate a problem in achieving our goal in the Semi

Skilled category.

Exhibit 1

Precision Technologies, Inc.

Overall Workforce Analysis 1999

EEO Category

Total Employees

No. Minorities

% Minorities

No. Female

% Female

Management

Professional s

Technicians

Sales

Clerical

Skilled

Semi-Skilled

Laborer

Service

102

4.8%

7.4%

6.0%

4.8%

4.9%

11.1%

30.8%

17.6%

19.0%

44.4%

23.5%

84.8%

18.6%

16.7%

23.1%

Total 269 17 6.3% 76 28.3%

Exhibit 2

Precision Technologies, Inc.

EEO C~t~

Management

Professionals

Technicians

Sales

Clerical

Skilled

Semi-Skilled

Laborer

Service

Total

Projected Workforce Year 2001

Current YR2001 Workforce Workforce

17 18

21 22

27 28

17 20

33 36

21 24

102 117

18 20

13 15

269 300

Anticipated Hiring

56 *

* Number includes anticipated hiring both for turnover replacement and projected workforce increases.

Exhibit 3

Precision Technologies, Inc.

Labor Market Analysis

EEO Category

Repr Area

Weight Assigned Females Minorities

I. Management Nati on::! I State Pittsburgh MSA

33-113% 33-113% 33-113%

42.7% 39.1% 38.7%

12.0% 7.2% 4.8%

Weighted Average 40.2% 8.0%

2. Professional

Weighted Average

3. Technical

Weighted Average

,-_. 4. Sales

Weighted Average

5. Clerical

Weighted Average

;""

6. Skilled

Weighted Average

National 33 ·113% State 33-113% Pittsburgh MSA 33-1/3%

State 50% Pittsburgh MSA 50%

(Note: Statistics exclude Health Care)

State 50% Pittsburgh MSA 50%

(Note: Statistics exclude Retail)

Westmoreland Cty.

25% Washington Cty. 25% Fayette Cty. 25% Alleghney Cty. 25%

Pittsburgh MSA 75% State 25%

(Note: Statistics include precision metal 1 working only)

21.7% 20.3% 18.8%

20.3%

27.3% 24.6%

26.0%

33.1% 32.6%

32.9%

80.9% 81.0% 80.7% 77.1%

79.9%

3.4% 5.0%

3.8%

;

5.3% 6.8% 5.1%

5.7%

9.3% 7.1%

8.2%

.5.5% 3.3%

4.4%

2.0% 3.2% 3.3% 11.7%

5.1%

2.4% 5.8%

4.1%

Exhibit 3

Precision Technologies, Inc. Labor Market Analysis

EEO Category

Representative . Are;!

Weight Assigned Females Minorities

7. Semi-Skilled Westmoreland Cty Washington Cty. Fayette Cty. Allegheny Cty.

25% 25% 25% 25%

1.1% 3.6% 22.7% 16.0%

14.6% 8.3% 7.6% 13.7%

Weighted Average {Printing machine operators & txt!. App & Furnishing machine operators not included in these statistics.

10.9% 11.1%

8. Laborers Westmoreland Cty. Washington Cty. Fayette Cty.

lU ;ghC;l Cty.

25% 25% 25% 25%

14.2% 14.6% 11.6% 14.8%

2.7% 5.9% 3.0% 12.7%

Weighted Average 13.8% 6.1%

9. Service W~"tmoreland Cty. Washington Cty. Fayette Cty. Allegheny Cty.

25% 25% 25% 25%

7.6% 7.0% 6.9% 8.8%

1.6% 3.4% 2.3% 12.8%

Weighted Average 7.6% 5.0%

Exhibit 4

Precision Technologies, Inc.

Affirmative Action Goals Females

I Current I Goal Year 2001 I Total I Females I Total I Females Percentage Utilization

EEO Category ! Employees I # %1 Employees I # I % Available YR2001 I

18 817 3 44.4 40.2 Full11. Management 17,61 42. Professionals 21 26.3 20.3 Full19.0 I 22 5

I 44.4 28 12 42.9 ··26.0 Full13. Technical 27 12

l I I j4. Sales 17 4 23.5 20 7 35.0 32.9 Full

I i 5. Clerical 33 28 84.8 36 29 80.6 79.9. Full i ! I

Skilled 21 0 0 24 1 4.2 3.8 Full1 6. I t I! 7. Semi-Skilled 102 19 18.6 ! 117 19 16.2 10.9 Full ! ~

! I 8. Unskilled 18 3 16.7 20 3 15.0 13.8 Full

19. Service 13 3 23.1 15 3 20.0 7.6 Full I

TOTAL 269 76 28.3 300 88 29.3

Exhibit 5

Precision Technologies, Inc.

Affirmative Action Goals

Minorities

, Current I Goal Year 2001 I Total I Minorities [ Total I Minorities I Percentage I UtilizatioI

EEO Category I Employees I # I % IEmployees I # [ % ! Available I YR 2001

l. Management

2. Professionals

3. Technical

4. Sales

5. Clerical

6. Skilled

7. Semi-Skilled

8. Unskilled

9. Service

10. TOTAL

102

269

4.8

7.4

6.0

4.8

4.9

ILl

30.8

6.3

117

300

14 .

11.0

9.1

10.7

5.0

5.5

4.1

12.0

10.0

26.7

10.7

8.0

5.7

8.2

4.4

5.1

4.1·

ILl

6.1

5.0

Full

· DOllld S. McPherson @1988 (0) Professor of Industrial &labor Relations Indiana University of Pennsylvania

LITTLE MS. MUFFETT

Bartlesville Child Care Centers, Inc., is a private child care program for infants through pre-Kindergarten. Fel ice Navidad has taught as a long-term substitute for three years at the "Yogi Bear Children's Center" in firm's pre-Kindergarten progr-am. It is designed to prepare four year olds for Kindergarten, particularly those whose backgrounds would make it hard for them to benefit fully from Kindergarten without some preparation. The Center follows the regular 180 day public school schedule and Navidad taught five hours a day. Teachers, both permanent and temporary, are represented by the Union of Educational Professionals.

Of the foul" long-term substitutes in the firm's five Centers around the City, Navidad had seniority. Last May, at the end of the school year, she was told by Mary Muffett, the Child Development Coordinator, that employer pol icy would recognize her a-s having prioritY for appointment as a probationary teacher should a vacancy arise. She was also told her e1 igibil ity for a permanent probationary appointment assumed continued satisfactory performance evaluations as a substitute teacher. They were satisfactory, and more. Muffett has been in her position for five years, has a Haster's in Early Childhood Education, and is nearing completion ~f a D.Ed.

The collective bargaining agreement also provides: "In order of length of service to the employer, long-term substitute teachers holding temporary appointments shall be given first consideration for permanent, probationary vacancies provided they have the qual ifications and abil ity to step in and perform the duties of the vacant position." The agreement also prohibits discrimination based on race, sex, color, religion, national origin, and handicap.

In June. Navidad told Ms. Muffett that she was pregnant and expecting a baby in late January. Huffett simply indicated that when the time came, ~~avidad could take maternity leave and not to be concerned. In September, one of the Terrific Toddler teachers at the Bugs Bunny Center notified the firm that <.:-he ~ljas moving from the area so a vacancy would arise for a position to begin January. The opening was advertised in mid-October and Navidad appl ied.

The Terrific Toddler program is operated at the hllo largest Cen ters, 8ugs Bunny and Pl u to, for ch i 1 dren rang i ng in age from 12 months to four years. The Centers are open from 6:45 a.m. to 6 p.m., five days a weeK, twelve months a year. While deSIgned to be a learning experience, Terrific Toddlers is really much more a straight day care program and does not stress preparedness 1 ike the Pre-Kindergarten program does. The vacancy at 8ugs Bunny 15 for 4.5 hours a day, 218 days a year. Because the scale is higher. more worK days are auai lable. and the Job IS permanent~ it ~"ould be attracti'.)e to a long-term substitute even though tne pay IS not that much greater.

Ms.t1uffett reviewed the appl ications, and recommended to the Administrator that Navidad be continued as a long-term substitute and that the next most senior long-term substitute, Victoria Swamp, be named to the Bugs Bunny post. Muffett said Navidad certainly had the qual ifications for the job and was the most senior long-term substitute, but tbat she did not haue the abil ity "to step in and perform the duties" of this particular vacant position.

Muffett said she could not recommend Nauidad based on the needs of the children serviced by the position. Because they are so young, many are away from h.ome for the first time and many are not regular five days a week in attendance. Further, with this age group, there is little chance for true group activity since, at most, they engage in "parallel play." Especially at the younger end of the range (and we do have some children as young as 12 months at the Center for the entire time, five days a week), it is terribly important, in Muffett~s judgment, to provide for continuity of the care-giver. Abrupt changes in the care-giver could, at this early formative stage, build,an attitude of non-trust in the infant/Toddler according to the 1 iterature, Muffett reported.

Muffett argued that anytime the school has the luxury of planning, it should never permit a teacher to be in a position of taKing a needed leave, to be replaced by a substitute, so near to the beginning of a new term. (Although Terrific Toddlers operates 12 months a year, it is totally closed between Christmas and New Year so January is viewed as a "new term" programmaticall>'.) t1uffett was also sKeptical in her report to the Administrator because, she said, Navidad indicated in her appl ication letter that she plans to return to work very quicKly after the birth of her child to minimize any difficulties at the Center. Navidad indicated she would request a leave of no longer than three weeKs.

Muffett pointed out that there's no way Navidad could guarantee that. She might not be able to leave her baby, or might have to return off and-on because of early childhood illnesses, etc. Muffett says in her experience, 3-6 months is a reasonable projection for maternity leave. Muffett suggested that Navidad could continue as a long-term substitute with the Pre-Kindergarteners at Yogi Bear, where her absen~e would not be such a problem, and still be el igible for the next probationary 'Jacanc)' once she does r'eturn to work full time.

The Administrator adopted t1uHett··s recommendation and officialL.; informed Navidad. Thereafter she received notice that Navidad was fil ing discrimination charges.

OOftihi S. HcPtltrSOR (£)1988 Proftssor of Industriil , libor Rttltions lndiinl University of PtnnSyluinil

(O)

APPLE REO AlNO CHERRY BLOSSOM PINK

Ja-nett .MobleY, a 29 year old Black woman, was hired 19 months ago as Director of Harket Development in the Industrial Products Division of FIBERTECH Corp., located in Atlanta, Georgia. FIBERTECH manufactures a wide range of synthetic fabrics both for industrial appl ications and for the retail furnitur,industry. Hobley has a B.S. in chemical engineering and an MBA in finance. She was one of six Directors in the Marketing Department of the Division. There was one other woman Director; no other Blacks; and no one else with post-graduate training.

Mobley had worked for Dow Corning for three years in a chemical engineering position before leaving to pursue her MBA. While taking the MBA, she secured a half-time teaching position in the Business Department of a community college. Over the course of two years, she taught 6 sections of the undergraduate Basic Finance course and 2 sections of the undergraduate Introduction to Marketing course. Upon her graduation, she was hired by FIBERTECH.

The Company;s Personnel Pol icy requires formal performance evaluations of middle management personnel at 3, 6, 12, 18 and 24 months after the initial employment date and annual evaluations thereafter. On each annual anniversary of employment, the immediate supervisor is required to assess the employee;s ·promotability.

Because of management reorganizations at the time of her employment, Hobley worked virtually without supervision -- or with multiple supervision -- for her first 2 months with the CompanY, after which Radford Wayne became her supervisor. Wayne;s 3 and 6 month evaluations of Hobley rated her at least -Satisfactory· on all criteria, -Above Average· on several and -Average- overall. He indicated a positive recommendation on promotabil ity at 6 months -assuming successful performance with exposure to increased responsibil ity and demonstration of abil ity to learn the demands of industrial market development.- Although he completed the 6 month evaluation, Wayne actually ceased to be ~obley;s supervisor about three weeks before when he was transferred and replaced by Jerry Lee Blystone, who had just been promoted. BlYstone had been with the Company for 32 years, working his way up from a sales trainee position after his high school graduation. Wayne is Black, Blystone white.

To Hobley/s, Blystone seemed ·out to get her- from the beginning. He was gruff; he gave only general instructions, expecting her to know exactly what he wanted; he was extremely critical her performance - Hobley thought overly critical -- and he took no interest in developing any kind of personal rapport. When he met with the staff for the first time, BlYstone said: ·You might as well know, I;m a tough SOB as a supervisor. 1 don;t take guff or excuses from anyone. You do your job, do it on time, and do it perfect. If it;s not perfect, you;ll hear from me. Don;t expect any praise from me for doing your job perfect - that;s what you;ve been hired to do. Your job is to make me look good. Hy job is to see that you do it, or you move on to something else and we get someone who can.

Blystone immediatley piled on the work. He gave Mobley a report to prepare for him for delivery to the Corporate Marketing Group outl ining a one year lnd three year business plan. He told her: -Now we'll see just how good you college hot-shots really are. I want this in 48 hours,- Although he used major portions of what Hobley wrote, Blystone sent her draft back with voluminous red-pencil criticisms, calling it -disorganized, unfocused, and lacking evidenc~ to support conclusions,

On her next assignment, Hobley was to prepare a model for forecasting industry trends. Blystone told her that her analysis of the FIBERTECH competitors' pOSitions was ·shoddy and unsupported by evidence- and that her model was -unusable,- -Look,- he said in returning the rejected model, -if yOU don;t know anything about industrial marketing you better learn fast -- it's your job.

Hobley's 12 month evaluation from Blystone had no criteria rated above ·Satisfactory- and several rated -Needs Improvement,- His overall rating was -Adequate- but he did not recommend her positively on ·promotability· and she was denied an annual incentive bonus as the r~sult of the rating.

Hobley told Blystone that she did not believe he was rating her performance fairly. She requested more explicit and specific instructions from him on tasks and more reasonable time to complete them. She also indicated her annoyance that he constantly misspelled hern~e (usually calling her Janet Mabley) and that he rarely recognized her or 1 istened to any of her contributions in meetings.

In reply, Blystone told her not to be so uptight (-obviously, yOU know who I mean no matter how I spell your n&me-) and that he disregarded her in meetings because her comments were consistently -off the wall -- fine for the Ivory Tower but this is the real world,

Their job relationship continued to deteriorate and her performance was criticized with increasing severity. With her 18 month evaluation approaching, she again sought out Blystone to complain. -Look, Habley, he told her, -the problem is not entirely your fault. Apparently Personnel hired you because they thought yoU must know about marketing since you taught it. But the fact is, yOU still don't know beans at::·ut marketing in this industry and you're just screwing up one job after another because you can't learn it fast enough on the job,- Hobley said she bel ieved she was being singled out and treated differently from all the other Directors. -Just what are you saying,- Blystone repl ied. -Is that a threat or accusation?

·Well,· she said, becoming increaSingly emotional, -I think it's either because I'm black or because I'm a woman, or both.- -Bu11shit,· Blystone replied with growing anger. -In the first place, I've supervised women before; no problem. As for your race, I don't care what Personnel does in hiring, but no one's going to continue to work for me unless he can perform and 1 don't care if they're red or pink. If an apple's bad, it doen't help much that someone in Personnel thinks t~e skin's a nice color. Nobody makes me back off with threats - I do my Job straight. You ~hould do the s~e instead of looking tor excuses."

Mobley/s 18 month evaluation was -Less Than Satisfactory· overall. In accordance with the Company's policy, she was given three months to improve. But because of deteriorating business conditions, the Sales Department was reorganized one month later. Of the six Directors, three were retained. Mobley was informed in a brief memo from Blystone (addressed to Jan-nel Mabley) that her responsibil ities were being combined with those of the Director of Planning and that her position was being terminated. William Brown, one of the other Directors whose positions were eliminated, tooK early retirement at age 62. Phyll is Whyte, 45, an employee with 23 years experience, was offered a newly-created position in another DiYision at a slightly lower level but with her pay rate red-circled. Although Whyte had two -Less Than Satisfactory- ratings early in her career, she had been retained through both extensions following those evaluations and for the past 10 years her performance evaluations were consistentlY -Adequate.- She had been promoted twice during this time.

Mobley cleaned out her desk and, on her way out, told Blystone's secretary: ·Y;all tell Massa Blystone he'll be hearing from my attorney and the EEOC.·

j)onJld S. HcPhtrsoa @1989 (D) Proftssor of Industrial' labor Rtlltions IndiJftl Univtrsity of PtnnSylvlnia

CRAMER V. KRAMER

John Cramer, who is black, is employed by the Housing Of'fice of Metropolitan Eureka (HOME), a regional public housing authority. Cramer has worked at Candlestick Terrace, the regionJs largest public housing project, for 26 years, beginning as a general maintenance man. His current position is GENERAL MAINTENANCE CLERK, a job to which he transferred in 1977. His hourly wage is $8.98, established by scale in the currently-In-force collective bargaining agreement between HcttE and Service Employees Local o.

Cramer's duties at Candlestick Terrace include: taking routine maintenance calls from the resident manager's office; writing maintenance sl ips; dispensing maintenance slips to the ·work boxes· of the various craftspersons (carpenters, plumbers, etc.); expediting emergency maintenance calls received from the office by directly contacting the appropriate craftsperson; calling in the payroll and absence report each morning; logging in all completion forms for routine or emergency maintenance jobs completed; and ordering maintenance supplies. He cannot type and is not a supervisor. He is the sole maintenance clerk at Candlestick Terrace.

Angel ina ,Kramer, who is white, has worked for HOME for five years. She was hired as a RELOCATlct-1 MAINTENANCE CLERK in the ctntral HcttE Office. From shortly after she was hired until two years ago, all of the personnel in her division, -Relocation,· were H01E employees, but were under contract to the federal Urban Redevelopment Authority. HOME secured a URA grant to run its relocation operations and all those working in that division were HOME employees but in fully federally-funded positions. The Relocation division was responsible 'for the administration of all moves within HDHE's housing units and handling all the relevant paperwork, bill ing, etc. Within the Relocation division, the ,maintenance ope~ation was responsible for checking vacant apartments before new occupants arrived and carrying out needed cleaning, maintenance, and repainting.

About two years ago, the federal grant expired and was not renewed. Using its own budget, HOME was able to pick up on its regular payroll 10 of the 18 employees in the URA-funded Relocation division operation. The rema i nder were fur I oughed. Kramer !,lias amoung those whose" jobs were, assumed by HOME, which continued a scaled-down Relocation ope~ation.

Kramer's position has always been Relocation Maintenance Clerk. Her current wage is $9.49 per hour. When Kramer was first employed five years ago, her position, I ike all other new URA-funded pOSitions, was announced as a vacancy subject to the contractual bidding procedure. Cramer was eligible to bid on the job but did not. He says he doesn't recall being aware of the bid notice when it was posted, but does not dispute that it should and could have been posted on the bulletin board at Candlestick at that time.

~r&m~r's duties include: taking routine maintenance calls from the central Relocation division office; writing maintenance slips; dispensing these slips to the -aSSignment folders- of the various Relocation divis.ion crafhpersons; expediting emergency maintenance calls r~ceived from the Relocation division oHice by personally contacting the appropriate craftsperson(s) and -staying on top of the job;- estimating the cost of maintenance jobs using the -master control card- for all propert~ and the hourly wage of the craftsperson; entering the final repair costs on in the maintenance log; calling in the payroll and absence report each morning; recording the completion of all maintenance jobs; and ordering maintenance supplies.

~ramer works in a central division servicing all three apartment complexes when new tenants come into vacancies. ,he cost estimates which ~ramer completes were initiated originally because of requirements of the URA grant. When the grant ended, HCt1E could have modified the procedures but we was still required to keep records on everything that had been purchased with federal funds. Thus, it seemed effici~nt just to keep the same s.ystem in place. ~ramer can type and generally types the forms and records she uses, but is not r'equ i red to do so. She is not a supervisor and she is the sole Relocation Maintenance Clerk for HCt1E.

~ramer is a high school graduate; Cramer completed 10th grade. The salary of CramerJs position was determined by a scale in eHect since anyone can remember, adjusted periodically for inflation. ,he salary of ~ramerJs position was initiallY bargained based on minimum scales provided from URA when HOME first got the grant and it has similarly been adjusted for inflation through contract provisions since then.

HOHE jobs with ·Clerk- titles and their current hourly rates are: Clerk ,ypist I ($7.37); Clerk Typist II ($8.06); Finance Clerk ($8.16); General Clerk ($8.21); Annual Review Standards Clerk ($8.46); Accounts Payable Clerk ($8.61)j General Maintenance, Inventory, Storeroom, Distribution Clerks, Hachine Operator, Non-Expendable Inventory Controler (all $8.98); Relocation Maintenance Clerk ($9.49); and Maintenance Clerk-Technical ($9.79),

About a month ago, Cramer was told by another employee that ~r&mer does the same job but makes substantially more money, Cramer met with his superior, determined that it was true that Kramer makes more per hour than he does, and threatened to take action.

Donald S. tkPbrrso. (t) 1986 (D) ProfrssOf of Industrial l labor irlations Indiana UniYtrsity of PrQQsylYinia

A DRIVE IN THE COUNTRY

HaryRae lee Harper was employed during the two four year terms of the former Sheriff of Caluhawasee County as a clerk. Her mother was also employed in the Sheriff's office as a custodian during the most I:'ecent four year term.· Last Hay 15, the incumbent Sheriff, Harion Hiller, was defeated for re-election by one of his former deputies, Donny Joe Henderson, who had served in the first term, Bad blood developed between them and Hiller and Henderson were barely on speaking terms in the second term.

All employees in the Sheriff's office are political appointees who serve at the pleasure of the incumbent. Henderson's term began June 1.

HaryRae lee had known Donny Joe since high school, While he ~as a deputy, Donny Joe regularly flirted with HaryRae lee and she returned the fl irtations, generally just friendly, light talk. They had danced together once or twice at several community square dances during the last year or so, but had never actually dated. On the day after the election, HaryRae lee told Donny Joe when he visited the office: -Hama and I are sure looking forward to working with yOU for the next four years," He replied: ·Well I'll tell you, HaryRae lee, I surely am looking forward to working !..tAl close w'ith you." He winked; she giggled.

HaryRae lee's mother asked her if they had to reapply for their jobs. HaryRae lee then recounted her conversation and told her mother that she didn't think it would be necessary and that, in any case, she'd take care of it with "my friend, Donny Joe,"

On Sunday, Hay 20, Henderson was riding in his patrol car as part of his duties as deputy. About 2:30 p.m., he drove to HaryRae Lee's house, went inside, and. asked if she were free to "take a drive in the country· to "fill me in on how the office works and tall< over the future," She agreed and drove off with him.

Henderson told HaryRae lee that she should have no concerns about her job. "With me as Sheriff, your job is safe for four years and so is your mama's,· he said. "In fact,· he told her, ·YOU and me could worl< real close together." He then suggested that they might ·see each other" that night to "flesh out" the details,

Shaken, HaryRae lee told Henderson that "things were moving a bit fast" and that she'd 1 ike to be taken home. He said she should "think it over for a few days· before he called her again. When he called the next weekend, she told him that she wanted to be friends and 1 iked him very much, but that she felt awkward about "going out with her boss," He said, ·Sure, let me know if you change your mind,", and hung up.

When HaryRae Lee reported for work on June I, the receptionist told her that she and her mother had been replaced. They contacted EEOC.

100

Doni dS. HcPhnson (91'84 «())

Professor Ot Industrill &llbor Relltions Indilfti University oi Pennsylvinii

HOSPITALIZED

Wilbur Starke, the son of a white father and black mbther, quit school in seventh grade but later earned his G.E.D. certificate during service in World War- 11. From 1957-61, he was employed by Mercy Hospital as a laundry Worker. He was promoted to laundry Manager in 1962, completed a number of rele~ant continuing education courses, and was certified by the American lnstitute of laundry. Beginning in 1964, he super~ised a newly-appointed Assistant to the laundry Manager, Elmira Bingham, a white woman, who had pre~iously served as a laundry Worker at the hospital since 1940. Bingham actually functioned as a ·working supervisor· with virtually complete responsibility for personnel schedul ing, coordinating and, effectively, evaluation through her recommendations to Starke. Starke exercised the responsibil ity for all supplies purchasing, inventory maintenance, and all other administrative aspects of the laundry operation.

In 1978, Memorial Hospital bought and assumed total ownership and management of Mercy Hospital, thereafter continuing to operate both in the city with designations of Memorial-East and Memorial-t.Jest. The existing Board of Directors of Memorial assumed control of both faci lit i es and the former Mercy Board was disbanded. A Comm i ttee on Cons~lidation was formed to determine what savings might be effected through the merger and Starke, as well as Carl Williams, who had been Laundry Manager at Memorial Hospital since 1973, served on the comm i Ute. ;he Consol i dati on Commi Ute recommended establ i shment of a single laundry in a single location (the former Memorial building) supervised by one manager and one assistant manager. The report recommended the el imination of Bingham's position as Starke's Assistant. Throughout the remainder of 1978 and the first half of 1979, no action was taken on the recommendation.

In July, 1979, Williams, who held an Associ.J.te Degree in business from the local community college, was appointed Director of Laundry for both hospital facil ities and Starke was appointed Assistant Director. The first task Williams undertook was to direct the consolidation of the two facil ities into space at the former Memorial building. Starke was not dissatisfied with his new position, had anticipated it, and expres~ed no objection. Despite the Committee recommendation of the e-liminah..qn of Bingham"s position, she continued working as Starke's assishnt\hrough the summer and early fall.

Over the course of the summer, Will lams and Starke had a dehrioratJng relationship on the-job. The hospital was the target of a union orga'nizing campaign and sometime in late July Williams told Starke to fire two black and one hispanic laundry workers who had been visibly active in union organizing activities. When Starke failed to carry out the directive, Will iams confronted him and said, -When are yoU going to fire those niggers?- Starke said -never- and walked away. The exchange was overheard by two maintenance employees, one black and one white.

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In early August, Will i~s began dealing directly with Bingh~ and by-passing Starke. In late August,Williarns informed Starke that he had directed Bingh~ to report directly to him rather than to Starke. According to Starke, an immediate and vigorous verbal protest resulted in Willi~s explaining that -no black gUY should be boss over a white woman.- Will i~s denies making the remark but has on occasion been overheard by several employees tell ing n igger- jokes. Despite the8 apparent -bad blood- between Willi~s and Starke, Willi~s completed a three month performance review for Starke at the end of August and rated him -satisfactory- or -good- in every category. Although he was deeply oHendtd by Will i ams" racl a I ep j the ts and va 1 un, Starke never complained to anyone in the hospital administration.

The hospital operates on an October 1 - September 30 fiscal year. In his budget proposal for fiscal 1980, Will iams recommended on September 5 that Starke"s position be el iminated and that Bjngh~ be retained as the Assistant Director. Will i~s justified the recommendation with the explanation that the consol idated laundry operation required only a working supervisor to assist the Director of Laundry, predominantly in the areas of personnel coordination. Will i~s pointed out that Bingh~ had many more years experience in hospital laundry work than Starke, ~hat she had 15 years of experience directly in the working supervisor position, that Starke had virtually no experience in personnel J and that Williams, as Director, would have the responsibility for ordering supplies, maintai.ning .inventory, etc.

Starke was outraged and began preparing a protest and appeal which he intended to send to the Hospital Aaninistrator and to the .Board of Trustees. In the second week of September he finished overseeing the last of the physical moves to the consolidated laundry operation. Following the end of his work day on Friday, he reported to what had been designated in the plans as his new office, only to find once he opened the door (which had his n~eplate on it) that the room had its walls 1 ined with vending machines and was furnished as a lunchroom with tables and chairs. Just as he turned to storm out, Willi~s met him at the door and handed him a letter indicating that he would be terminated effective September 30, when his position would be eliminated.

Starke told Will iams that he intended to take his allocated ·personal day 8 on the following Monday for the purpose of filing charge~ against Willi~s and the hospital with the EEOC. He then brushed past Williams and left in an obvious rage.

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Dona'd S. HcPbtrson @1989 CD) Proftssor of tndustrial l labor Rtlations IndiaAa University of Pennsylvania

MARGARITA - VILLE

Margarita Hartinez had been employed as a probationary Mason-trainee, working on setting blocks in high-rise tower construct~on. She is 51 years old~ 5'1- tall and weighs 270 lbs according to the records of her pre-employment physical. Prior to beginning her craft training in a new union-management training program focusing on minorities, she had worked on production jobs in factories. VILLE, Inc. is buiding a federally funded housing project and was under great pressure to employ female and minority craftspersons to meet affirmative action goals.

The Operations Vice President had serious reservations about Martinez's physique since she would be required to work on narrow scaffolding and would have to be able to maneuver to lift, pass, and/or set blocks and mix and lay mortar, all in concert with other employees around, above and below. However, Martinez passed her physical, had the necessary craft papers for her trainee classification, and there was no formal pre-employment agility test. So she was hired. The Operations VP said nothing to Hartinez about his doubts, but did have a conversation with the construction foreman, who called to ask -who stole the brain and how long has it been missing?- when Hartinez first reported to the site. The Operations VP assuaged the foreman's concerns, urging him to give her a fair chance and to closely observe for any agil ity problems. Thf forfman let off some steam concerning -government regulations· but said ok.

VILLE has a negotiated project agreement in force with the various craft unions working on the project. Article X, Section 3 provides:

During the first 600 hours of work, an employee is considered to be probationary and may be laid off or discharged at the sole discretion and determination of management. Such layoff or discharge shall not be made the basis of any claim or grifvance brought against the Company by any Union, provided, however, that this article shall not be used to discriminate on the basis of Union membership or to discriminate on the basis of race, color, religion, sex, national origin, agf, or handicap.

Hartinez had worked 184 hours when the Foreman notified the Opervations VP that he wanted her terminated at the end of that week. During her work to date, she had received no disciplinary notices nor notices that her work was unsatisfactory. In fact, it wasn't ·unsatisfactory,- technically speaking, i.e., not poor enough to terminate her immediately. Based on his observations, though, her ·physical structure- prevented her from being agile enough to perform the work satisfactorily in anything but the ·most wide open spaces,- To that point, she had been working under such conditions at basically ground/first story level on a straight wall.

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But beginning the next week, her crew would be in higher and severely constricted areas. The Foreman said his judgment was that she wouldn't be able to handle those conditions and that, even if she were continued through her probationary period, he didn't believe she ultimately should be given permanent employment based on these 1 i mi ta t i on 5 •

Furthermore, he indi.cated that her fellow workers ha"d already used nick names such as -Tubby,- and -Big Rita,- in her presence -- in jest but -with an edge.- On the day of his negative recommendation, though, things had gotten tense wheh the crew had to move out of the way for a block conveyer being raised through their scaffold and someone yelled -get that fat ass out of the way.

Rita reacted angrily and complained to the Foreman that she was tired of being harassed and said she wanted him to do something about it. His view was that the remarks would only get worse and would inevitably spillover into outright animosity. Therefore, he urged the Operations VP to ·cut our losses and get rid of her now.

The Operations VP concurred and wrote her a letter of terminat)on effective at the end of the week (200 hours) indicating that the Company -does ·not believe you possess the physical structure to enable you to do all the work required of a mason on our type of projects due to insufficient agil ity and mobility.- After receiving her letter, Madinez demanded to see the Foreman and he met with her, the Operations Vi~~ rresident, and the union steward.

The company officials explained that VILLE was making a decision based on her observed lack of physical agility and the unlikelihood that the Company would offer her permanent employment at the end of her probationary period. They also explained that she was not -discharged and that her termination had no disciplinary or unsatisfactorY work context. In fact, they were willing to give her a positive letter of recommendation. It was simplY a business decision that made sense given all the factors, nothing personal.

The union steward asked whether it would make a difference if she lost weight. The Foreman responded that he couldn't say, but probably not since weight per se wasn't the issue and also that, after all, she wasn't getting any younger and weight becomes increasin1y difficult to lose as one ages, especially if severe reduction is required. Martinez and her steward left unsatisfied and angry, saying she intended to engage an attorney.

VILLE has other five current employees working as Masons or Mason-trainees who weigh as much or more than Martinez. One is within the last 120 hours of his probationary period and will proably be offered permanent employment and the others are all permanent employees. All are white, non-Hispanic males and all are younger: 26, 29, 34, 4J, 43. One is shorter than Martin~z by one-half inch and weighs five pounds more; one is the same height and weighs the same; the others are taller and weigh more. The company claims that the agility-mobility problem simply hasnJt appeared in their work.

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Donlld S. HcPh,rson@1986 (0) Prof,uOl' of Iftdustrill l Llbor R,1itiOlls IAdi.ft. Uaiv,rsity of P'ftftsylvlfti.

NOBODY LIKES A FIFTH WHEEL

James Hunt, a black mate, has been employed since 1966 as an over the road truck driver for loTempXpress. His original employment was as a temporary. driver for six month •• Upon discovering that a temporary driver typically gai~ed permanent status after one month of satisfactQry employment, however, Hunt filed and won at arbitration a grievance that resulted in his appointment to a permanent driver position. In 1972, be ' was one of twelve plaintiffs in a successful class action suit against loTempXpress concerning discriminatory hiring practices.

Hunt is an activist aod, from time to time, an officer or steward of the Teamsters local which bargains with the company. It is well known that he is not one of the company's favorite employees, but no adverse personnel actions had been taken against him other than minor disciplinary ~arnings.

In August, 1985, Hunt and his co-driver, a white male, noticed an engine oil leak while stopped at a service station during a trip and, upon investigation, found the dip stick to be missing. Hunt called the dispatcher at loTempXpress and was directed to drive to a specified truck stop to try to secure the part and have the engine inspected. Because of weight and length limits along the route of travel, Hunt decided to ·slide the fifth wheel,· a procedure which requires locking the brakes on the trailer and then 'backing up on it.' While the co-driver called ahead to the truck stop to order the needed part, Hunt backed up on the trailer three times. He and the co-driver then went into the -quick shop· at the service station for coffee. When they returned to the rig, they discovered that the -through shaft· was broken and the truck could not be moved. They then called LoTempXpress again and the company sent out two mechanics, one of whom took Hunt and his co-driver to the nearest local bus station and presented a voucher from the company to secure return bus tickets for the now-stranded drivers.

Upon examining the rig. the mechanics reported to the dispatcher that the through shaft had been sheared as the result of intentional wheel-spinning in the parking lot. They said the service station owner agreed with them that such damage could be caused only by deliberate abuse. The mechanics were instructed to contact a wrecker service to have the truck towed to a truck stop-, The wrecker service called loTempXpress after towing the truck and said that the damage could only have been caused by abuse.

That afternoon, the loTempXpress maintenance shop foremen drove to the truck stop to see the rig and to meet with the Manufacturer's service re~resentative. The service representative reported that the damage had to have been caused while the tractor was in reverse, that it could have been caused only by severe torque, and that the probable cause was either releasing the clutch too quickly or hitting the trailer too hard. The service representative had 12 years experience and had inspected 18-20 shafts in that time period.

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On the basis of these reports, Hunt and his co-driver were given discharge notices by the Supervisor of Transportation upon their return to the depot. Hunt~s comment was, -Oh, here we go again. DonJt yOU honkies learn?- Two years ago, the Supervisor of Transportation had called Hunt a -nigger- in the course of a heated conversation. Hunt grieved and the President of the Company directed the Supervisor to write and post a letter of apology to Hunt.

Both Hunt and his co-driver grieved the discharge. As provided for in the contract, a joint labor~anagement grievance board took up the case. HuntJs discharge was upheld but his co-driver was reinstated. Hunt then went to EEOC to press a charge based upon discriminatory disciplinary policies at LoTempXpress and citing the follOWing Company disciplinary record for the past 18 months:

a. Harris (white): willful abuse of equipment--discharged b. Stubbs (white) & c. Williams (white): drained engine oil, then drove truck-

discharged d. Sharp (white): truck stuck in snow drift; maintenance

dept wrecker breaks drive shaft--no discipl ine for driver

e. Tate (white): failure to report accident--discharge reduced to suspension

f. Sull ivan (white); accused of twisting through shaft off- not disciplined. (Company believes it was an accident; he had already left on next trip & CBA prohibits discipline in that circumstance

g. Moore (black): gave woman a ride in violation of rules- discharged

h. Edwards (black): had serious accident--discharged then reinstated

I. Black (black): had serious accident--discharged; reinstated after 7 weeks

The national Master Freight Agreement explicitly provides that management has the right to terminate Immediately for abuse of equipment. The driver recalled from furlough to replace Hunt is white.

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Donld S. HcPlltrsOft (91988 Professor of Industrill , Llbor Relltioos Indilnl University of PettSylVlnil

(D)

NOT A PEEP

G8Z, Inc. is the general contractor for two office towers in center city St. Louis. The first, Tower A, has been open for two months and steel erection has just gotten underway on the second tower, about 100 yards away, EventuallY they will be connected with an 'atrium.

Among a number of \IIomen employees hired by G82 for the project is Velma Jean Aikens, a carpenter apprentice. The construction site on \IIhich she worked covers three acres and contains two portable toilets for women ·craftspersons,- Of 153 construction employees at the site, 17 are worltn. There are a total of 21 portable toilets ,on the site, 19 of \IIhich are not designated for either sex but are used mostly by men and two of which are designated for women. Wornen have used the non-designated toilets in the past, but they are frequentlY victims of horseplay when they do. In addition, most of the undesignated toilets are filled inside with tear-outs from skin magazines and the walls are covered with sexually explicit graffiti, frequently involving the women employees.

Like many construction projects, the portable toilets are dirty; often have had no toilet paper or have paper that's dirty because it's been dropped or handled by dirty hands, They do not have seat protectors, running water, or sanitary napkin dispensers. In addition, over time, the two designated for women have been vandalized -- the bolts have been broken and one has a ·peep· hole drilled in the side.

Tower A is off 1 imits for construction workers, for obvious reasons. It~s open and fully functioning as an office building. It has large, clean, fully equipped rest rooms on the first floor. GBZ has had a problem with construction employees sneaking in to use the tower restrooms even though that~s prohibited. The company has rarely caught anyone using the Tower A restrooms; the two previous times it did they (both men) were warned for violating Rule 7 ·Loafing or Wasting Time· and told that if they were again caught using unauthorized toilets they would be discharged.

Three weeks ago Aikens was caught using the womenis restroom on the first floor of Tower A. She was given this s~e warning by the foreman with a union steward present. In response, she admitted knowing that the restrooms were off limits but protested the unacceptable conditions of the women's toilets at the sih. She also said that the toilets were ·so gross· that she had taken to holding her urine until she left work. She said she can document that the direct result was a urinary tract infection. Her urologist also warned her that using contaminated toilet paper can readily lead to similar infections. She has been diagnosed as suffering from cystitis and is being treated. She said flat-out that she had no intention of ruining her health and that if management didn't get the toilets cleaned up and keep them cleaned up, she would continue us i n g T ower A.

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The company did make an effort to clean the two women's toilets after the incident and plugged the peephole. But, as the site foreman told Aikens when he gave her the warning, itls hard enough to keep the men out of the wcmen's toihts, much hss to keep the women's toi.hts spic and span. The conditions donlt bother the men -- or if any are bothered, they just carry their own toilet paper. In fact, the foreman remarked that -in the old days,· (before -craftspersons-) ·there we frequently didn't even have portable toilets.-

Aikens used one of the women's toihts once but while she was inside, someone threw a rock at it. Thereafhr she returned to using Tower A and she did it openly and flauntingly. Her male co-workers - who will be satisfied with the portable johns, but not if someone else gets to use the comforts of clean ones (and the 'break time' that goes along with walking over there and back, etc.) -- got increasingly upset and ccmplained to supervisors about favored treatment.

The Foreman then started looking out for Aikens, and caught her as she was coming out of the women's room in Tower A about to return to the site. She admitted having been in the unauthorized rest rooms and' having been gone from her station for about 18 minutes. She said she had menstrual cramps and had to urinate and would not under any circumstances use the women's toilets. The Foreman called in the union business agent and, in his presence, gave her a final warning.

Her response was, the next day, to LEAD a contingent of five craftspersons, female type, to Tower A to use the restrooms on their lunchbreak. The Foreman felt he had no choice but to fire her, which he did. Aikens has filed a discrimination charge.

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Oooald S. HcPhtrsan @1986 (0) Professoroi IndUstrial l labor Relations ladiana university of 'e.asylvania

NURSE DOE HAS A FAWN

Jane Doe was the Supervisor of the Central Supply Department of Southside Hospital. Central Supply is responsible for the distribution of all medical supplies and the sterilization of operating room instruments. During the fall, Jane became pregnant and informed the Hospital that she would' be taking maternity leave sometime the next April.

Shortly thereafter a vacancy occurred within Central Supply and the position was filled by John Smith, an LPN. It was determined at the time that it was desirable to have an LPN in th. department and that having senaeone with Smith"s qualifications on board gave the assurance that ther. would be someone fully qualified clinically to take over the dut i es of Sup.rv i,sor. Jane was not an LPN. In hct, she di d not have any formal education beyond high school. She had ·worked her way up· to her position during 15 years of service to the hospital in various positions.

The hospital provides all employees with a 120 calendar day medical leave for medical reasons policy, including maternity. Appropriately, Jane requested a leave in writing to begin April 29 and to end August 28r August 29 was stipulated as the date of her return to work.

Despite this official paperwork, there was some doubt in the mind of the Personnel Director that Jane would return to work since she told the Personnel Director prior to her l.ave that sh. had senae major ·hom. front problems· to work out: her husband adamantly opposed her returning to work after the birth of the child. While on leave, Jane made no contact with the hospital, nor was she required by any pol icy or procedure to do so.

August 29 came and went without Jane reporting for work or call ing to let the hospital know of any complications restricting her from returning. The hospital deemed this job abandonment and, effective August 30, filtedthe position permanently hy prmoting John Smith. A copy of the l.tt.r mailed to Jane on the afternoon of August 29 and the hospital's Leave Policy are attached.

On August 30 at approximately 3 p.m., Jane called the Director of NurSing Services, her immediate supervisor when she was Central Supply Supervisor, to inform her that she would be returning to work at 7 a.m. on September 12. The Director of Nursing Services scheduled a meeting between Jane, the union steward, the Personnel Director, and herself to discuss what h~d transpired. At the conclusion of the meeting it was agreed that although Jane had violated policy and had not demonstrated the leadership and dependability required of a supervisor, her service to th~ hospital and unblemished past record warranted further consideration.

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Aiter deliberating ior seyeral days, the Personnel Director notiiied Jane that she would be oiiered a position as an aide in Central Supply. The ofier was discussed with her in a face-to-iace meeting and immediately and unconditionally rejected by Jane. The Personnel Director then composed a htter reiteri.ting the oHer and mailed it to Jane certiiied mail, stipulating that ii a response were not receiYed by September 9, she would be considered to have permanently ~eyered her employment relationship. 'On September 9, Jane responded by accepting the position and she subsequently returned to work on September 12. The hospital assumed the ma~ter was. closed.

However, when Jane reiused to sign the Payro'l Change Authorization Form which would eiiect the reduction in her pay from Supervisor to Aide, she indicated that she was not signing because she intended to iile a discrimination charge.

SOUTHSIDE HOSPITAL LEAVE OF ABSeNCE POLICY

It shall be the policy of Southside Hospital to grant leaves of absence without pay to full time employees for the iollowing reasons: personal; medical; military.

Specific po~icies i.pply fCC' nch type of lea.ve:

A. Personal

The hospital provides an unpaid leAve of absence fCC' permanent full time employees who i.re unable to work due to certain restrictions. All such leaves must be requested in Wf'iting on the form provided by the hospital and must have approval of yOU' Department Httad t Personnel DirectCC', and the President. If the leAve extends beyond thirty (30) calendar days, the Hospital will make every effcK-t to return the employee to his/her former jab or one of a similar nature, provided a vacancy exists. The leave begins the iirst day (paid or \J"lPi.id) the employee is off work.

B. Medical

A leave of absence for pregnlncy CC' elective surgery, or other medicilibsence of up to one hundred twenty (120) days may be grlnted provided that such luve is requested by the employee in writing. You will be plid for lny sick days you have accrued, as well as vacAtion pay if you 50 desire. Once tis pay hu been exhausted. the remlinder of the leave will be unpaid. A leave of absence request fCC'm should be filled out in ldvance. If I medical leave extends beyond one hundred twenty (120) calendar dlYS, the hospitll will ma.ke every effort to return the employee to his/her former ~ or one of I similar nlture, provided a simila.r one exists.

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Oould S. HeAtrsOl (91986 (D) Prof, nor of hdus\l'ill l Llbor RtlltiollS IDdilnl Univ'l'si\y of P.Dftsy191.il

PEARLY GATES

J. C. Gates, ·Pearly· as he was derisively called by his 4ellow employees, worked as a laborer in th. maintenance departm.nt 04 OVERLAND LINES,INC., a long-distance truck haule~. Gat.s' principal duties involved the r.gular was~ing, interior cl.aning, and occasional exterior painting oi tractors and trailers.

Whil. traveling on the road to Damascus, Ohio, last Jun. on a camping vacation with his 4amily, Gates was 1 istening to a -born again radio program and claims h. had a conv.rsion experience. Thereaiter, he joined the Worldwide Church oi God and has taken upon himseli the task oi converting others.

Upon his return irom vacation in lat. June, Gates began using the time between arrival and clock-in to distribute Bible tracts to his co-workers. Sometime in late summer, he also began reading aloud irom a Bibl. during the 30 minute lunch period. He also began leaving tracts on the windshields oi employees' cars.

Sometime in September or early October, a co-worker, Harvin Fine, 'stuck' the nickname ·Pearly- on Gates, an appellation he deeply resented. Every time someone used it in his pres.nce, Gates start.d ·pr.aching- about the coming judgment. NotiCing that it was possible to irritate Gates and ieel ing r.sent4ul about his incessant pros.'ytizing, Fin. and s.veral others b.gan undertaking a series oi practical jok.s.

Someone put a bumper sticker on Gates' car containing obscene language, A iew days later, some Hustler photos appeared on Gates' locker. The interchanges escalated to deliberat. cursing in his pr.sence as well as obscene gestures. Once, Gates respond.d by squirting Fine with his hose while washing a rig and Fine then threw a buck.t oi soapy, dirty water on Gat.s, Both were given written r.primands by the Foreman.

Ait.r the disciplinary incident, 12 employees complained about Gates' religious activities on the job to th. For.man, asking that he be ordered to cease and d.sist. Th. Foreman m.t with Gates and attempted to counsel him but Gates simply explained his calling. Gates did agree not to read aloud at lunch and not to place tracts in or on the cars oi others. However, he continued to respond with admonishments every time a iel10w employee cursed, told a 'dirty' story, or acted in any manner which Gates believed was ·siniu1,

These admonitions provoked increasingly common incidents of shouting matches, shoving, water squirting, etc. Finally, 15 employees conironted Gates and the Foreman at lunch one day and demanded that Gates be ordered to stop his rel igious activities on penalty of discharge. The Foreman did so and Gates responded by handing him and each of th.e others a trac t and te 11 i ng them he forgave them, whereupon he was discharged. He has iiled a discrimination charge,

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Donald S. HtPh,rsOft {91988 (0) Pr~tssot of Industrial' labor R,lations Indiana Univtrsity of P,nnsylvalia

A REAL KLINKER

In Tulsa, OK, GBZ, Inc. is building the 75 story t~er ~hich will house a revolving mausoleum on top for Oral Roberts when he's called home. Apparently he's gotten the word to start a new c~paign -- for $50 mill ion -- and he;s worrying about whether he'll make it, so there's been a speedup on the project. GBZ is also building additions to the Theology School, the Stadium, and three other buildings at O.R.U. besides the ·sky tomb,· as it;s dubbed. All of these projects are located in a newly developed area of the c~pus so the entire area is fenced in and the company has hired its ~n seven person security force.

It seems that nearly everyone at the security office uses profanity, some regularly. The Chief, Bill Benj~in, regularly uses -the f-word.- A relatively new employee, Judith Klink, a clerk-typist for the security detail, has taken offense. She used to be a clerk-typist in the Admissions office at O.R.U. but was laid off when national giving levels went d~n recently. She has specifically complained about Benjamin's language to him and asked him not to use it in her presence. He says he's tried to be careful and the guards say he

. really has cut d~n on his use of the word, but it is apparently a regular feature of his vocabulary.

Two ~eeks ago, Klink asked the Assistant Project Manager, who handles most of the personnel matters, for a transfer to some other department. She gave no reason and, when he inquired, said she ·would just feel better working in a different place.- Klink is the only woman employee in the security detai1. He told her there wasn't a vacancy at the time but he'd keep her in mind if one arose. She asked him to look dil igently, saying she really was unhappy in security. Last week, Klink gave him a written request for transfer citing ·coffee break problems, interpersonal difficulties with other employees, personal ity clash with superv i sor and poor exampl e set by superv i sor.·

The APH called her in and said he simply had to ask for details. She responded only that the lewd and vulgar language was really getting to her. He reminded her that it was a construction site and asked rhetorically if she really thought it were better anyWhere else. She said, ·surelY it has to be -- if n~here else in your ~n office· and said she had certainly seen nothing like this when she worked at the University. He reiterated that GBZ had n~here else to place her at the moment but that she would be given every consideration if a vacancy occurred.

The next morning he received a brief letter from her stating: -In view of the Company's unresponsiveness to my complaints, I consider myself as having been forced to resign due to discrimination,- Two days later he received a telephone call from Klink saying she intended to pursue her legal rights. He had his assistant investigate the matter and the assistant reported the foll~ing:

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t. Chief Benjamin sometimes changes his clothes in his office and on at least one occasion left the door ajar. Klink saw him in his underwear and acted embarrassed but said -nice legs, Ben,

2. Benjamin and his assistant with some frequency read Playboy, Penthouse,.and similar girlie magazines on their lunch hour in his office. They make no secret of what they/re doing and take no particular care to keep the door closed. At one time or another, probably all the security employees except Kl ink have joined in this activity.

Once, when she returned from her own lunch and observed the Chief and three others comparing centerfolds, one of the security guards said something like: aHiss Klink, if you/d care to join us, we/d be happy to subscribe to Playgirl or whatever turns you on.- Kl ink told him she found the publications offensive and would appreciate not being confronted with them or being addressed in such terms. He apologized, said he was only joking and that it would not happen again.

3. Girl ie magazines are also kept in the sergea~t/s desk drawer and anyone who wants to look through them on personal time is welcome to do so. The general rule is that the magazine is to s~ay in the drawer, which is opened so pages can be turned.

4. Pin-ups of nude and partially nude women are pasted inside the locker doors of some of the guards. Klink once walked by and saw one and complained to the Chief, who instructed all employees to keep their locker doors closed when not in use.

5. In particular, the sergeant's locker is visible to Kl ink from her work station and he has a full-length nude pin-up inside his locker door. Because he goes to his locker frequently to get coffee; snacks, and magazines, she often sees the pin-up when he opens the locker door.

6. One of the guards, whose father is a printer, brought mock business cards with vulgar cartoons on them and phone call message sheets with vulgar message choices to check off. These were passed around the office and left in view on desks but were not passed to Kl ink by anyone.

7. Deputies used memo pads, also provided by the printer, with vulgar illustrations or statements. One said -A day without sex is 1 ike a day without sunshine,- Another said ·Scratch Pad- and showed a hand scratching a buttock. On one occasion, the assistant chief left instructions on the scratch pad for Kl ink to type a report. She objected and he withdrew the written instructions, apologized, and gave them to her verbally.

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8. Off-color Jokfs, usually with sexual content, are told regularly. Actually, most art probably brought in directly from construction employees. They ~ere not told to Klink because employees knew she objected, but it ~as impossible to keep them out of her hearing. On at least t~o occasions, Kl ink said she did not appreciate having to listen to such trash.

9. A coffee can used as an ash tray was labeled a -butt can- and ~as wrapped with photographs of clothed male buttocks.

10. The employees regarded Klink as a hypersensitive, rigid person with very high moral standards. They say they did their best to accommodate to her vie~s without allowing her presence and personal values to conflict with their own 1 ife styles. They said they didn't think the atmosphere was inordinately offensive for a construction site or secu~ity office and that no one had ever del iberately offended Kl ink once her objections became understood.

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Donald S. HcPllfl'lOII @Im (I» Proftssor of hUNstril1 • Labor RtlatiOlls lad·ia"a Uaittl'sity of Ptnllsrl9l"ia

A SINGLE KIONEY

On Harch 3, GATX, Inc., a manufacturer of railroad tank cars and a Federal contractor, hired Wilfred Hichael as an Assembler 1. Assemblers are responsible for installing insulation bet~een the surfaces of the inner and outer tanks of the steel tank cars.

As instructed by the Personnel office, Hichael reported to the Company physician for his routine, required pre-employment physical on March 2. He passed and reported for ~ork the next day. On the morning of March 6, he received a telephone call asking him to come to the Personnel office prior to the start of his shift.

Mr. Davis, Personnel Manager, told him that he ~as being terminated effective immediately for health reasons. Michael prostested, maintaining that the Company doctor had passed him. Davis told Michael, however, that the doctor's full report ~as only received the day before and at that point Personnel learned for the first time that Michael had only one kidney, the other having been removed surgically four months ago because it had ceased functioning.

According to his medical records, Michael ·had suffered from various kidney problems for many years although these conditions apparently did not interfere ~ith any jobs he held. After a general ~orsening in the functioning of one kidney over the course of the last two years, it had to be removed. Michael has suffered no adverse effects following the surgery.

The Company doctorJ s report released him for work ·unless the removal of his kidney results in a condition for ~hich employment is denied by GATX policy.- Davis said that although there ~as no such expl icit pol icy, GATX had the following concerns:

1. Assemblers work frequently on top of the tanks in considerable danger of falling. Many hazards both inside the tank and around tank construction sites would endanger the remaining kidney in the event of a fall.

2. The CompanyJs Workers' Compensation carrier indicated that the I ikelihood of medical problems ~ith the remaining kidney ~as quite high. Current direct cost of a kidney transplant was estimated at .30,000. The cost of a single dialysis treatment, a distinct near-future possibility, was estimated at .250; a dialysis machine at .7000-t9000.

3. The Company's doctor gave his opinion that a traumatic injury to the remaining kidney would necessarily require a transplant or regular dialysis for the rest of his life.

Davis indicated that GATX bel ieved it in both Michael's and the Company's best interests to terminate the employment relationship. Michael immediately secured an attorney and filed a discrimination charge.

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Donald S. Hc"'I'$OQ (91t89 (D) Prof.ssor of I.dustl'ill • llbor R.lltions IndilRl Univtrsity of PtftnSylvlnil

TRUE GRIT

~illiam Tennent was employed by Quality Food Markets as a check-out register cashier at its store in Spring Hill, West Virginia. The store is a three year old, modern, comprehensive supermarket which, like the state;s economy, is not doing particularly well. Tennent has worked at Quality for 18 months and is full time on a 9-5, Monday through Friday schedule.

Although the store is a seven day a week operation, Tennent told the manager at his pre-employment interview that he would not be available to work on Sundays since he believed in strictly observing the sabbath. The store manager agreed not to call him for Sunday work but cautioned Tennent that he might therefore miss overtime opportunities. Tennent said he understood and did not want to be called for Sunday. work.

Last month, Quality decided to add New Grit, a new British-style sensationalist tabloid, to the racks at the check-out aisles. In addition to bizarre and violent stories, the paper always includes on page 3 a photo of a semi-nude woman. On the same page is a column called ·Warlock;s Corner: This Week's Evil Watch- which does an astrological forecast about ·the activities of the Satanic spirih.-

Tennent, an ordained elder in the Covenant Presbyterian Church and secretary of the Spring Hill's chapter of the Citizens For Decency, an anti-pornography group, first learned about the contents of New Grit on a Friday evening from the group;s president, Hester Prim. Her sister-in-law bought one and was shocked to discover what was inside! When Prim called Tennent, she put the personal issue to him squarely with two questions: -how can yOU continue to sell that trash?- and -will you help us organize protests against it?-

Tennent spent the weekend reading scripture and prayerfully' considering this dilemma. After agonizing all day Saturday and Sunday, he decided that he had to take some action and that, ultimately, he would not be able to sell New Grit at his counter. At work on Monday he informed customers who showed interest in the publication that the Citizens for Decency was asking people to boycott it.

That evening, a CFD executive committee meeting decided that Prim and Tennent should approach the store manager with an official request from the group that Quality cease to sell New Grit. If she refused to remove the publication from the racks, the group decided it would set up an informational picket line outside the store and begin a public awareness campaign in the local newspaper. Prim called the store manager, Joanna Witherspoon and set up an appointment for Thursday morning.

On Wednesday afternoon, a professor of sociology at the local university who was purchasing New Grit in Tennent's checkout line objected to his counseling and protested to Witherspoon. About 30 minutes later, Witherspoon called Tennent into the office and asked for an explanation. Tennent said he was acting consistently with his church office and his convictions concerning the publ ication, labeling them ·values of conscience and religion.·

Witherspoon, also an ordained Presbyterian elder (St. Andrew's Presbyterian Church in Green Hollow, about 30mihs away) said Tennent's opinions might be conscientious, but they were not in any way ·religious.- She pointed out her own church office and said freedom of speech was an equally desirable value of conscience and religion. Jt was the first either of them knew they shared both denominational affiliation and office. Witherspoon told Tennent she believed Tennent's values were personal and philosophical, not religious, and that he should cease any interference with customers.

On Thursday morning, Tennent accompanied Prim to an 8 a.m. meeting with Witherspoon. Prim asked Witherspoon to remove the tabloid ana she refused. Prim also asked Witherspoon to stop ·picking on· Tennent for his religious beliefs. Witherspoon responded that if Tennent's ·so called religious beliefs· conflicted with his employment obligations, he could take his choice.

Witherspoon said she would not tolerate either an employee's interference with business based on that employee's personal moral values or ·the crazies of the religious right who are out to destroy free speech.· Prim told Witherspoon that the group intended to promote a consumer boycott of the tabloid if she did not reconsider. Witherspoon told her she would not and again warned Tennent not to interfere with customers.

Tennent began his shift and, other than averting his eyes, assiduouslY avoided any interference with customers purchasing New Grit. He did wear a small white ribbon tie tack, symbol of the CFD. Qual ity provided white shirts and striped ties for male cashiers, but had no regulations concerning jewelry such as pins and tie tacks.

During his 30 minute lunch break, Tennent clocked-out, which employees were permitted to do, put on a raincoat so as to cover over his store uniform, and joined a small informational picket line which Prim and the executive c~ittee formed on the sidewalk outside the store entrance. He carried a placard reading ·WEAR A WHITE RIBBON FOR DECENCY AND D~'T BUY NEW GRIT.·

Furious, Witherspoon told the pickets she was calling the pol ice if they blocked the store's entrance and told Tennent never to participate in such demonstrates again Mas long as he wanted to work for Qual ity· because the store considered his actions to be deliberate efforts to undermine the business, self-help, and disloyal. Tennent said that what he did in the practice of his reI igious bel ieTs on his personal time was of no concern to Witherspoon but, out of regard for the manager's sensitivity, he would demonstrate only in the evenings after his shift and on the weekends, not during breaks. Witherspoon t01d him that wasn't good enough and he should consider the matter carefully.

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The next morning, Witherspoon asked whether they might talk the issue over, elder-to-elder, in the presence of Witherspoon's minister or both of their ministers. Tennent replied that he was considering the issues prayerfully and that he didn't need the guidance of any mLnister to read and interpret the meaning of scripture for his life. He assured Witherspoon that he bore no ill will and that he was sorry the confrontation had to occur, but asked the manager prayerfully to reconsider her own views.

On Saturday evening, a. letter to the editor in the local paper informed readers of CFD's per~pectives on -publications which do violence to community staAdards by promoting pornography and Satanism and asked community residents not to buy New Grit from Quality or any other stores which might decide to sell the publication. Tennent was one of the 10 signers of the letter, ~ong whom were also the local Baptist and Hethodist ministers.

On Honday morning when Tennent reported to the store to clock-in, Witherspoon called him and the store's union steward into the office. Witherspoon said she considered the letter to the editor another act of del iberate disloyalty.

Tennent said he was only exercising his own right of free speech. Witherspoon said she disagreed and was giving Tennent an official oral warning. Further defiance would fundamentally undermine their employment relationship, Witherspoon said, and lead to Tennent's suspension and/or discharge.

At about 10:00, Prim came through Tennent's check-out and he told her about the warning. Unknown to Tennent, Prim returned to the picket line, painted a new placard protesting the discipline and calling for a consumer boycott of the store. When Witherspoon saw the new placard about two hours later, she immediately called Tennent to the office and ordered him to get the group to cease calling for a general boycott on penalty of discharge. Tennent explained that he had nothing to do with that decision but did convince Prim to cease carrying the new sign, and returned to work.

ln the meantime, word had already been spread by college students who patronized the store and later that afternoon a rival picket line was set up by the -Americans for Free Speech.- Police arrived to keep order and photographers and TV news cameras descended on the scene. The store's s~les, which had not previously been affected by the controversy, were off 32% that day compared with an average Honday.

A local newspaper reporter called the national office of the Presbyterian Church U.S.A. concerning the denomination's stand on pornography vs. freedom of speech. In the evening edition, a spokesperson from the national office was reported to have said that the denomination obviously did not condone pornography but also valued free speech, and that individuals had to arrive at their own best judgments in gray areas after ·prayerful reflection.- The quotes were printed in a story Honday evening.

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On Tu.sday aorning, T.nn.nt r.port.d for work 30 minut.s .arty and asked to speak to Witherspoon. T.nnent said he could no longer work the ch.ck-out cashi.r job if it r.quir.d s.lling New Grit because it violated his religious principles. Witherspoon rtplied, ·1 acc.pt your r.signation ••. • but before he could finish Tennent said he was not resigning but requesting a transf.r to another position which would not require sales of the publ ication. Witherspoon told him to -take a break- and come back in to the office with his union steward in 30 minuhs.

Tennent appeared with his steward as dir.cted. Witherspoon said the store had only thr.e yacancies and on only two could be bid successfully based on his seniority. The Union steward agreed that T.nnent could bid successfully on the two vacancies and asked for information about the third. Witherspoon responded that it was as sales clerk in the about to open special up-scale make-up and beauty products department which the supermarket had just started promoting as a distinctive feature of the store. She said 9~ of the products for sale in the department were for wom.n (a v.ry small line of mak.-up and skin cleansers for men was included) and that the vast majority of customers of the departm.nt were women. She said it only made sense to have a woman in a job sell jng women's make-up and beauty products to women. The salesperson had to be able to counsel women on what cosmetics to buy, how to apply them, etc. She said she would not consider Tennent.

Of the oth.r two positions, the first, which paid $1.25 l.ss per hour" and could not be guaranh.d as full time, involv.d manning the service d.sk and selling state lottery tick.ts. Tennent said he could not acc.pt because he objected to gambling on r.ligious grounds and needed a full time Job. Exasperat.d, Witherspoon said she was willing to offer Tennent the other vacancy. It paid t.21 more per hour as produc. manager. How.ver, With.rspoon pointed out that the Job would require his working at least occasional Sundays because Quality fr.quently received shipments of fresh produc. on Sundays and the items had to be unpacked and prepared for display on Honday morning. T.nnent reiterated that he would not work on the Sabbath.

The shward then proposed that he be permi tte"d to work shadi lyon the ·.xpress/cash only· counter and that the magazines be remoyed from that counter only. Witherspoon refused, saying she had no intention of letting individual employees determine what, where, or how she was going to operate the business and that items along the aisle sold Just as well in express as in any other aisl ••

She then directed Tennent to return to his Job and Tennent said he could not. -Then I guess we will have to consider this a yoluntary quit,· Witherspoon declared. ·No,· Tennent said, ·1 con.ider it a discharge and a violation of my rights.- Tennent then left, telling Witherspoon thaf he was going to consult CFD's attorney about a discrimination charge.

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Doftlld S. I1cPbtrscm lnd St... Taylor <D 1990 (0) D',lrtltnt of Industrill • labor RIlltions Indiana Univ,rsity of P.nnsylvania

TALE 0' THE PUP

In June, the City of Tonopah posted a notice throughout the city's departments, pursuant to its standard personnel pratt ice, indicating that bids would be accepted for a vacant position as Kennel Worker at the Humane Shelter. Bidding for the position was open to all City employees, including seasonal and other part-time temporary employees. The job bidding notice was as follows:

kBtiEl WORKER - Full Tillt

DEAOllNE FOR BIDDING: 10 dlYS frca posting

El16181111Y: All City en,IOY'fS, Full l Plrt tilt

PROCEDURES: - Sign up It '.rsoan.1 Offic. - 1st Consid.rltion to City .-ploy•• s - Adv.rtis.d if no acc.ptabl. int.rnll bidders

QlW.IFlrATJ~S: 1. Abi Ii ty to ,.rfcn uadtr Idvlrst wltbtr cODditiORs lAd il '-igb t.llSi., bigb ,Ibl ic

. visibility sitlltions 2. In.lldgt of .tIlods lAd practic" ,ud il

t'-' capturl, fttding, carl, lAd, if I.C.ssar)', dlstruction of dogs, cats, lid oth.r tIlll lliaals

3. Kn.I.dg. of ,rop.r Itthods lAd ~'Ilth prlctic.s ustd for cl.lni.g and naintlining k.ln.ls

4. Ability to undtrstlAd and foll~ oral and writt.n instructions.

It was anticipated that if an incumbent seasonal or part-time temporary employee w.re sel.cted for the position, that individu~1 would become a full-tim. employee .5 Kennel Worker and the City would advertise for a repl.cem.nt for the part-time job. Four seasonal Parks and Recreation employ•• s, two bl.cks and two whites, submitted bids. The City's p.rsonnel policy provides that the senior qualified bidder will b. awarded the job.

In the past, the Superintendent of Animal Control and Shetter, a full-time City employee, conducted employment interviews for that division. However, at the time of the Kennel Worker opening, the responsibilities of Superintendent had just been assumed on an acting basis by Arford Hiller, Humane Shelter Director, because the Superintendent had begun a disabil ity leave. On one occasion several years ago, Hiller had sat in on interviews, but otherwise had no experience in the employment function. .

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The intervie~s with all candidates ~ere substantially the same, about 10 minutes in duration and, generally, consisting of a recitation of the requirements and working conditions of the position. Miller did most of the talking in each case. At the conclusion of each interview, the applicaant was informed that a decision would be made ~ithin a week.

Later that ~eek, the senior applicant, Willie Hartin, who is white, learned through a co-worker that one of the other applicants had been awarded the job. Larry Hitchell, ~ho is black, ~as chosen by the City to fill the Kennel Worker position despite the fact that he ~as second in seniority among all bidders.

Marti~ had fully expected to get the position. Distraught, he called Miller at the Shelter. After giving only his name and the explanation that he was one of the Kennel Worker bidders, Martin asked whether the decision had been made. Miller confirmed that a decision had been made, and apologized for not yet having had a chance personally to inform all the unsuccesssful bidders. He said Martin should receive a memo shortly.

Hartin then asked Hiller why he had not been awarded the job~ ·Willie Martin ••• I'm not sure J remember you from just your name,· Hiller said. ·What color are you?- Astounded and angered, Hartin responded only that he was white, not revealing that he also was the senior bidder •. -Oh yes, now I remember YOU,- Hiller said imediately. ·You didn't get the job because you seemed nervous so I didn't think you'd be able to handle capturing animals or destroying them. You have to be calm, cool and collected to do this job.- Hartin asked if he had any other shortcomings for the job, to which Hiller responded, -Nope. Otherwise, yOU were a good candidate. Haybe next time.-

Hartin told Hiller he thought he was the victim of discrimination. Hiller repl ied, -That"s ridiculous, we gave the job to a black gUY. -That's what 1 mean,· Hartin said. ·You didn't even know me 'til I told you my color -- I think YOU decided on the basis of color.

-No way,- Hiller responded, -I asked yoU that just so J could place yOU -- it's just one o·f the ~ays we remember peop Ie. I made th i s decision based on qualifications.· Hartin said he'd be protesting the selection through the City's regular personnel procedures. He then called his brother-in-law, an attorney, and said he wanted to file discrimination charges.

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Dould S. HcPh,rsoa ®198~ (0) Professor of Industrial. labor Relations Indiana UDiytrsity of Pennsylvania

WHO WEARS THE PANTS?

The employer, Trent Tube Co., operates a manufacturing facil ity. In its plant environment, .depending upon deparlti.~l'\tt employees are exposed to sharp edges on the ends of stainless steel pipes which they handle, acids used in cutting and processing, hot water,various pieces of moving machinery, and a wide' variety of crating materials consisting of nails, boards and various bindings. As a result, the empl~yer has long had a unilaterallY promulgated rule prohibiting the wearing of loose clothing, such as skirts or dresses. All employees in Fabricating departments are subject to this rule and must wear jeans or work pants of an acceptable fabric weight or specially designed ·safety pants· which can be purchased from the company through payroll deduction or direct payment.

lily White had been employed in two different positions in the Pipe Threading and the Shipping Departments at Trent for the past two years, although because of economic conditions she had been furloughed four times during that period, the last and longest time for three months.

Upon recall from furlough to the Threading Department, White reported for work wearing a skirt. Her Foreman, Charles McDowell, called her aside immediately after the beginning of the shift and asked if she were not aware of the posted plant rule, which was also contained in the employee handbook. McDowell noted that the rule is also covered and fully explained in the new/returning employe~ orientation session conducted by the Employment Office. White repor-ed that she knew of the rule but was not permitted to wear slacks or pants.

After further discussion, McDowell learned that during her most recent laYoff, White had joined the Pure Holiness Church, a small fundamentalist sect in town. She said her religion prohibited her from dressing like a man. McDowell expressed some incredul ity but told her that he had to have some further evidence before he could make any Kind of informed decision. White told him she could get a note from her minister, but not until the next Monday. McDowell agreed to let her work without wearing the required pants until then but only if she wore a leather or some other heavy skirt and heavy, long socks to protect her legs. She did so.

The next Monday, White reported for work in tht s~e sort of outfit with a nott from her minister which confirmed that the Pure Holiness Church condH'lned as sin the wearing of slacks or pants because they are men's clothing. The minister quoted Deuteronomy 22:5:

A woman shall not wear anything that pertains to a man, nor shall a man put on a woman's garment; for whoever does thesse things is an abomination to the lord your God.

After reading the note, McDowell immediately arranged a meeting wi th the Department Superintendent, an Industrial Relations representative, White, her Union steward, and the Union$s Safety Representative.

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After a full discus510n, the Department SuperIntendent told White tha~ ~h€' "Jould hal/l! to go home and change it she wished to worK that day. WhIte said she would not wear slacKs or pants ever agaIn under any circumstances because her ~hurch forbade I t as a violation of her rel '910n. The Super:ntendent then suscended her for the remaInder of that dal and Instructed her to return to wor~ to proper, safe attire on iuesda}'.

On T~esday White again reported for work In a he~uy skirt with long 10C\(-;. f1cDoweil called her immedlatell to a mel'flng with the same offICials who particIpated the day before. Again the Department SuperIntendent Instructed he~ .to dress properly and told her that shl' was being suspended for one week or until she agreed to appear at work safely dressed. If, at the end of the one week suspension, she still refused to report properly dressed, she would be discharged.

White reported on each of the remaining days in skirt and socks and was turned away at the time clock each time. -At the end of one week, she was issued a discharge notice. She then retained 'counsel .and filed a charge.wi th the State Human Relations Commission an'dEEOC.

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ALL IN GOOD FUN

Nick Matus and Andy Bernat, good friends who have worked for Quantum Electric Supply Co. since 19B2, are assigned to a three-person productivity group in the lighting department. Charlie Fri~d, who had been the third member of the g~oup for five years, resigned about a month ago to take a job in Houston. The work group has always been close personally and the three frequently played poker, went to ball games, got together ~<Jith their families for picnics, etc.

The task of the productivity group to which Matus and Bernat are assigned is to secure parts, assemble finished light fixtures, add them to the inventory, pack them for shipping, and set them up to be moved on pallets by towmotor to the warehouse. Someone in the group must leave periodically to get components from the supply room. At the end of each shift, it's customary for the group to restock the worK station completely for the current assembly job so the incoming crew on the next shift can begin work immediately.

Three weeks ago, Virginia Piper, a new hire, was assigned to the group. Virginia is one of only two dozen or so women working for the Company in production departments, most of whom haul' been hired in the past 4-5 years. Women have their own small locker room near the men's locker room but, unlike the men's, they have no shower. There has been some agitation among the women for the past several months to have a shower installed and the Company has indicated that it will try to be responsive.

For many years, part of the 'culture' of the plant has been a special "party" given for co-workers when it is learned they have become engaged. On the way to the locKer room at the end of a shift, the J..<JorKer is ambushed by colleagues, stripped, and thr01.<Jn into the shovJer.

l~hen it became known late last week that Virginia had just become engaged, the guys began daring each other to give her the traditional congratUlations party. Since arranging the party would be easiest for Matus and Bernat because they worked most closely with Piper, they got most of the dares and, ultimately, accepted.

As agreed among the men, toward the end of the shift on Monday, Matus and Bernat told Piper that they ~"ere going to the supph' room to get the component parts for re-stocKing. The plan was for r1atus and Bernat to wait in the supply room and have someone call Piper to the room. Matus and Bernat would do the stripping and then carry her next door to the locker room and shower, where all the par tygoers '}IOU 1 d be waiting to convey their congratUlations. Although the dares were to strip her completely and give her the full, traditional party, the common assumption ~<Jas that Piper ~<Jould end up going into the shol,"H~r I,\li th her clothes on because Bernat and Matus would chicken out. In fact, Bernat told several of his friends that they had no intention of totally stripping her, but that they vlould get her into the shower.

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The supply room is right beside the men's locker room entrance. Just before the end of the shift, one of the men got on the intercom and called Piper to the supply room. When Piper entered, Bernat closed the door behind her as Matus grabbed her around the waist from behind, telling her not to worry and explaining that this was the traditional engagement party. The supply room was fully lit and Piper could see and recognize both men.

While Matus held her about the waist, Bernat feigned an attempt at unbuttoning Piper's shirt. He.actually did reach for and touch the top button with both hands as he explained that she was going to be thrown in the shower. Piper began to put up a struggle and started screaming. As soon as she did, t1atus let her go and she ran from the room and down the hall, accompanied by the boos of the men who were waiting outside. Some yelled for her to come back, asserting that it was -all in good fun."

Piper went straight to the office cubicle of the department supervisor, J.W. Rhoades. When she entered, she was screaming and hysterical. She told Rhoades that Matus and Bernat had trapped her in the supply room, grabbed her, and tried to take off her blouse. As Rhoades listened she quickly calmed down. He then called the Union president, Jim Morrison, to his office and asked her to relate the entire story.

As Piper talked it through, she became much calmer. t10rrison explained what the ~arty-tradition was, and told her that although the men had probably gone too far, he was sure they meant her no harm. He told her they wouldn't even have tried it if they didn't already consider her "one of the gUYS," Piper said she could understand that, but still couldn't believe that anyone would do what they did to her and said they were too rough. Rhoades agreed with Morrison that the stripping and throwing in the shower was a long-time tradition~ but asserted strenuously that it was obviously a different situation when a woman employee was involved and that the ~lJorkersJ" stupidity and irresponsibil lty were incredible.

Piper then told Rhoades in the presence of Morrison that she did not believe the men were trying to assault or rape her and that she I.lJasn't injured, but said the men were rough with her and that it ~lJas, at least, a ·very c~uel joke" which she did not appreciate. She said she didn't intend to press any charges w~h the police. She also said she wasn't going to push management to do anything and wouldn't testify against her co-workers in any discipl inary hearings, but that she also had no intention of going out of her way to have the matter dropped, "As far as I'm concerned, I'm not playing the heavy,· she said, "itJ s up to the Compan}' to dec i de what to do ," Then she I ef t.

Morrison asked Rhoades what he intended to do. "I want to think about that and consult with the higher-ups," Rhoades responded, "but frankly I'm incl ined to recommend at least a very severe suspension and maybe discharge. Surprised, Morrison said~ nI'm not sure how I feel about it either, but I hope you take some time to think it over. Suspen sion or discharge sounds pretty severe when we don't even have a charging party and this stuff has been going on in full view for years. Obviously, we'd be forced to grieve any serious discipl ine, especially a discharge. It's not a comfortable situation for any of us. u

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Rhoades said he would consult with DicK Robel, the Employee Relations Manager, and Mary Washington, the Human Resources representative who was in charge of affirmative action and EEO, and would then make the discipl inary decision and communicate in writing with employees involved, copying the Union as well as Piper.

PERTINENT PROVISIONS

COLLECTIVE BARGAINING AGREEMENT

Article II No Discrimination

No employee shall be discriminated against by the Company or the Union on the basis of race, color, religion, se~, age, disability, or national origin.

Article IX Discipline

ihe Company ~ill not discharge or discipline ~ployees e~cept for just cause. Ordinarily, except in the case of major offenses, the standards of progressi~e discipline will be utilized.

PLANT RULE 6 [unilahrall:>' promulgated by Company]

Horseplay and gambling during ~ork hours or at any time on Company premises is strictly prohibited.

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Donald S. HcPherson (£)1987 Proiessor oi Industrial &labor Relations Indiana University oi Pennsylvania

ANOTHER AUTO RECALL?

AUTO, Inc. is an auto parts warehouse and wholesale merchandizing operation located in rural Wapalusa County, Mississippi. The plant had been in operation only three mO,nths at the time of the incident described below. Because the county is so rural, the plant is a very significant new employer even though the total number of new jobs is quite small. Only a skeleton staff was hired initially but 12 employees, 7 blacks and 5 whites, were hired approximately two months ago to begin the inventory and warehouse operation.

At the pre-employment interview, prospective employees were told that seniority would govern layoff and recall. This is of special concern because the auto parts industry is very cyclical and prone to regular layoffs of short to medium duration.

The method of seniority calculation was described to employees as follows: 1) each employees seniority would be calculated from his/her beginning date of initial, full-time employment; 2) ties on the employment date criterion would be broken by determining the start time of the shift on the first day of work with day having priority over night; 3) any remaining ties would be broken chronologically by determining the exact date and time when each prospective employeee was actually contacted by Human Resources and told to report for work.

When the plant opened, there were over 7S appl icants for the 12 positions, some I iving as far as 40 miles away. The compan)' openly sol lcited referrals of friends and relatives from the skeleton staff already employed and gave those recommendations significant weight. Competition for the new jobs was intense.

When the time car:ne to call the 12 successfu lapp 1 i can ts, the secretary to the Human Resources Manager a clerk-typist, both white, were directed to maKe the contacts telling the new employees when to report for work. They were given only an alphabetical 1 ist of the names of those to call and their phone numbers with instructions to log their calls; no guidel ines regarding order of call lng were given. Some lJ,/ere local calls; some were long distance. If a person failed to answer the phone, the caller went on to someone else on the I ist and eventually came back to the person<s) who had not answered earlier. It took the better part of two days before all 12 new employees had been contacted and told when to report.

Of the 12 employees hired to begin work on October 9, all were assigned to the first <and only) shift -- day shift. When the Seniority List was posted on or about November 20, it became readily apparent to the black employees that all five white employees had call times and therefore seniority positions ahead of the seven black employees. When questioned~ the Human Resources Manager explained that the calls were made in no preconceived order and the result was simply happenstance. The seven new black employees have indicated their intention to file charges of discrimination.

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SICK AS A DOG

Rex Lear has been employed by the City of Gloucester as a social work counselor for the past fifteen years. Lear is blind and relies on his dog, Fool, for his independent mobility. His primary responsibil ity is to counsel in the office or by'telephone, elderly and economically disadvantaged citizens and to assist them with making contacts with city, state and federal agencies providing services they may need. He works a regular Monday-Friday office schedule.

About six months ago, Lear asked his supervisor, Ruth Goneril, for advanced permission to use three days of sick leave. Goneril gave permission on condition that Lear provide a certification of the condition leading to the need for leave upon his return to work.

Lear was absent for the three days, as arranged in advance and scheduled, and upon reporting back to work presented Goneril with certification from Samuel Bacon, V.M.D., that Lear's dog, Fool, had undergone major, non-elective veterinary surgery and was confJned to the Globe Veterinary Hospital in nearby Heath for three days.

Goneril was angered and, after checking with the Director of Employee Relations, Sarah Regan, wrote Lear a letter of warning stating that Lear was officially admonished that sick leave was not available to cover the illness of animals and warning him that any future repetition of such use would result in severe discipline. Lear was angry and hurt. He wrote a letter to Goneril, copied to Regan:

~ extremely hurt and disappointed at the insensitivity of the City t~ard my physical condition ~ith your recent imposition oi discipline, particularly in vi~ of my long and loyal service. Your thanklessness cuts me more sharply than a snake bite. It is especially ironic that the City would take this action t~ard someone ~ith my job responsibilities.

While I ~ choosing not to formally grieve this ~arnin9 letter, please kn~ that vigorously disagree with your action, protest it, do not accept it as discipline,

and will grieve any further disciplinary action in the future ia sucb circWlstances. 1 rec~end strongly that you review the City's policy on sick leave with respect to unsighted persons and r.quest thit you retain this letter in my personnel file as evidence that I do not agree with this imposition of discipline.

Last Wednesday, Fool was attacked and bjtten by anoth~r dog while Lear was walking home from work. The dog again had to be treated at the Globe Veterinary Hospital and was required to stay over three nights, Wednesday, ThursdaY, and Friday. Lear called in sick Thursday morning; saYing he expected to be able to return to work on Monday.

One of Goneril J s fellow supervisors, Edgar Cordel ia, saw Lear wall<ing home IJlith Fool, whose right hind leg was spl inted, after the dog"s discharge from the veterinary hospital on Saturday afternoon. Cordelia told Goneril, who consulted Regan. When Lear reported to work Monday morning, Goneril asked him for documentation for his sick leave.

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Lear reminded Goneril that he had only used two days, not three. Goneril then told him that management was entitled to require documentation when sick leave abuse was suspected and that her request was simply a follow up on the warning Lear had been given concerning -the dog incident." Lear said heJd bring the documentation Tuesday morning.

When Lear appeared Tuesday morning with another veterinarian's certificate from Samuel Bacon, Goneril told him to report to ReganJs office, with a Union steward if he wished, in 30 minutes. Lear appeared with his steward. At the meeting, Regan told Lear he was being charged with insubordination for failing to follow directives not to use sick leave for illness of animals, and for providing false information by requesting sick leave which is only to be used, by contract, for personal or family illness - ·of human beings.· Regan said lear was suspended for two weeks. This made Lear mad. After consul ting wi th a lawyer, he said he fully intended to make a howl over the employer J s discriminatory treatment of him on account of his disability and would f i 1 e char ge s •

ADDITIONAL UNDISp~rED FACTS

1. Employees have been permitted to util ize sick leave to keep appointments with such health-related providers as podiatrists, chiropractors, physical therapists, vision care providers, speech ~nd hearing therapists, psychologists, and dentists.

2. Employees have been permitted to util ize sick leave to keep appointments to obtain, repair or maintain a variety of prosthetic devices.

3. Lear is completely dependent upon his leader dog for mobil ity on the job.

4. The EmployerJs unilateral rules and regulations include HInsubordination" and "Providing False Information or Falsifying Records· as major offenses. .

PERTINENT PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT

ARTICLE IX LEAVES OF ABSa~CE

Section A. Sick leave

1. Per calendar year, eRployees are entitled to twelve (12) days of sick leave pa ida t the ellp 1oye!!' s regu tar da i1 y wagl! rah to be used tor any absence re h ted to the ellployee's own personal illness or accident which occurs while the eRployee is in active pay status.

2. Sick leave shall be cumulative from year to year, to a IIaxill~ Ot 2DD dars.

3. Th@ provisions Ot this Article shall not preclude the employer, at its sole discretion, frat granting additional sick leave tor good cause provided, however, that the emplorer may not discriminate in the granting of such additional sick leav@ or violate any applicable l~s.

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4. Aphysician's certificate lIay be requil:ed, at tbe eap101er''s discretion, for absences of three (3) or !lOre consecutive days orwbueVfr, in tbe opinion of an appropriate representative of the ellployer, sick lnve is being abused.

5. An employee Ray use up to four (4) days of sick lea,e for the deatb of a spouse, parent, step-parent, child, step-child and up to three (3) days of such Inve for the death of a brother, sister, grandparent. grandchild, son or daUghter-in-laM, brother or sister-in-laM, parent-in-law, grandparent-in-law, alint. uncle. or any relative regularly residing in the ~ployee/s household or any person with wbal the employee bas made his or bel' hOle.

6. When it is illpossible to schedule personal lIedical appointments during non-work times, an employee lIay utilize sick leave with the approval of the employer. An ellployee ~ho is absent for a partial day will be charged one-half (1/2) day of sick leave.

7. With the approval and at the sole discretion of the eaployer and subject to operational needs, an employee nay use up to three dayS of sick leave when sickness in the immediate family requires tbe ellployee's ab~ence frOi ~ork. At its discretion, the employer lIay require proof of such illness in a fONI satisfactory to the employer. providing that such requirement of proof lIay not violate any person~s rights to confidentiality of lIedical records.

8. With advanced notice and approval and subject to operational needs, an employee Ray use a maximUII one day of sick leave each six nontbs as a ·personal day, Personal days lIay be used for any teason and no docUllentation shaH be required by the employer for their use.

f f f I I

Section H. Unpaid l~ave of Absence

On application to the immediate supervisor stating the reason and anticipated duration of leave, tmployees lIay be granted leaves witbout pay at the sole discretion of the ~Bployer for any reason for any period, not to exceed two years, which lIay be extended, at the sole discretion of the employer, for one additional year.

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A WHITE WASH IN GENOA CITY?

Christine.IICricket li Blair is a Computer Operations Supervisor in the Finance Division oi GBZ's corporate headquarters in Genoa City, Wisconsin. GBZ, Inc. is a real estate management company which manages both high rise city apartment buildings and commercial office towers ..,Ia management contracts with the owners. Blair has been employed with the company for six years and was appointed to the company's EEO Advisory Comm i ttee abou t 18 mon ths ago. The Comm i ttee' s ·charge· is to rev iew and discuss the company"s equal opportunity policies, to make suggestions, and to alert company management to any complaints or problems the members may be hearing. It was explained at the time of appointment to each member that the committee had important and sensitive responsibilities and members were to treat comrl'tittee proceedings as strictly coniidential.

In a committee meeting about two months ago, Blair suggested that GBZ do a pay equity study to determine whether the Company was paying equally ior jobs oi comparable worth. Blair recently enrolled in law school and was in the midst oi a course in Employment Discrimination Law.

Brad Carlton, A Human Re~ources Analyst who is also on the EEO Committee, responded that such a study wouldn't be necessary since the GBZ pay structure had been developed by an outstanding consulting iirm well known ior its expertise in the areas of job e..,aluation, compensation and beneiits. Blair persisted, obser..,ing that Computer Operator, for example, exceeded Administrative Assistant by only 10 points when the ·compensable factors· were compared but that the average salary oi Computer Operators was 30h higher than the average salary oi Administrative Assistants. Computer Operators at GBZ are predominantly <73;0 male; Administrative Assistants are predominantly (87"/.) iema1e.

The Finance Division Manager, Victor Newman, who chairs the EEO Committee, ended the discussion by declaring that such issues were beyond the scope oi the committee. At the next monthly meeting, Blair again raised the pay equity issue. Two women clerical employees and a male fiscal analyst on the Committee support her. The Division Manager repeated that the issue was closed. Following the meeting, he called Blair in, characterized her behavior as disruptive, and asked her what she l,ljas trying to accornpl ish. She responded that she had no intention of participating in a "white wash." The Division Manager reminded her that the EEO committee was simply a consultative body and warned her that she should cease disrupting the cornmittee"s worl< or he would remove he!". Net,ljffIan also warned that a iailure to abide by this directive would be viewed as insubordination and have serious disciplinary consequences.

During the 30 minute unpaid, duty-free lunch the next day, Blair invited a group of about 20 co-workers, mostly women, to a meeti~g in ~ the lunchroom. When he arrived in his oiiice the next morning, Net,~an found a petition signed by 35 salaried workers, about 80h women and 20% men, asking that the details oi the company"s job evaluation and compensation systems be fully disclosed to employees and that the company undertake a pay equity study.

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Newman called Blair in and asked what she knew about the petition. She reported fully to him about the lunch time meeting, admitted that she had called it, and admitted that she had organized the peti tion •. Newman told her that she not only had violated his recent instructions but also the responsibility to treat committee matters confidentially. Newman warned her that she would be disciplined for insubordination if she did not cease these activities immediately.

That afternoon, Blair submitted her resignation from the committee. The next day at lunch she hosted another -meeting,- this time attended by o~er 40 employees. They voted to form the Employees Protecti~e Coal ition and to initiate the a -Women's Employment Equality Probe <W.E.E.P.>' They agreed to notify Newman by memo that if the petition did not receive a response, they would send it to the President, the Board of Directors, and to the Greater Genoa City Chapter of the National Organization for Women. Blair and Lauren Fenmore, a secretary, were elected co-chairs of W.E.E.P. and signed their names over that title on the memo to Newman. That evening, a steering committee of W.E,E,P, met and wrote a flyer soliciting interest in organizing a unit of Local 925, the women office worker's union, for non-exempt employees. The flyers were posted on bulletin boards the next morning.

Blair is a salaried, exempt, at~ill supervisory employee. Within minutes of reading the W.E.E.P. memo the following morning, Newman called Blair into his office and told her she was terminated for insubordination effective immediately. Blair said she would be filing discrimination charges against the Company.

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La 622D. S. McPherson

£!!.!.: POLICE VACANCY IN THE CI1'Y OF ALTA

In July. City of Alta Police Chief O'Donnell issued & memo to all police personnel announcins a vacancy due to resignation in the posit~on of Cour~ Detail Officer. The memo, whic:h sought applicanu. staced the follovina requirements:

1. Ability to work. with 1Il1nimal supervision. 2. Five years experience a. a police officer. 3. Good recard in dealinl effectively with the public and

potential for lood future public relations. 4. Exe~lary record of at~endance. S. Good knovledae of court proces.es and procedures. 6. Good knovledae of flow of reports. 7. Ability to maintain court room decorum. co res.arch files and

records, and to prepare the Cour,t docket.

It was anticipated that the successful applicant would be transferred from his/ her current posit1on to the nev one and that a Dew employ.e, if Deeded, would be hired to fill the former pos ition. Seven currenc officers, three black. and four White, sub1ll1tted applications. At the direction of'O'Donnell. Sergeants Jones and Clay, who supervise che Court Detail, revieved,the applicat10n for~, ehecked personnel records. and c~nducted background checks as needed. They then submitted a joint report to O'Donnell, recomm.end1na four of the applicants, chree whita and one blaek., as "acceptable."

O'Donnell was not satisfied witn the retinl sy.te., the numb.r of persons judged to b. in the "acceptabl." group, or the part1cul.r p.rsona no1ll1n.ted. a. therefor. wanted the pool of potent1.l appointees incr••••d and d1rect.d Jon.. and Clay to sub1ll1t the names of addition.l current police officers who would b. qualified and who might be encouraged to apply. He told them he wanted to se. among the addit10nal a.ames the DaDIeS of .ome qualified blacb. There was no coll.ctive bargaining aareement and regulations permitted the Chief to till vacancies with whomev.r he wish.d.

Ultimately, a black officer, who had been an unsuccesaful applicant for transfer to the Court Detail one year before and who was not .meng the initial Iroup of applicants, vas chosen by the Chief. In decidinlJ b.tw••n the two "finalisu" .u judled by the posted criteria. the Chief found th•• relatively equal 1n al~ .up.ets except criterion 13, dealing with the publi:. On. of the finaU.ts, a wh1te officer, was a.r.ong the orilinal .even'applicants and amanl the four recommended as "acceptable" by Jo:~·'S and Cl.ty. In fact, he "a. the fi:st nam. subllLitt.d on cheir list.

In ex~laining hi. decision, the Chief pointed out that che cwo remaining incumbents in the Cc'.:rt Oeta11 posiCions were white and thet th. individual who h.d res1su.d, ereating :~e vacancy, was bl.ck. At leaat 65% of tho•• who use the Municipal Couw~ in any way Jre black. The Chief said he believed that the presence of at least one black of!1cer who was fully qualified would better serve the orlanization. a. also said he :lould have chosen the white finalist, or any other of tbe applicants for that mat~2-, if that individual were demonstrably more qualified for the job.

The wnite fi.nali;t. has said he intends to tile charges of discrim).nacion. In addition, the ot.::e:- three white officers among the original applicants and cwo other white off!cer~ whose names were submitted 1n response to the Chief'. request for addition&! nominee. are meeting to decide wh.ther to join him in th. charg••

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http:finaU.ts

http:proces.es

Donald S. McPherson @ 1995 University Proressor or Industrial Relations IntIbna University or Pennsylvania

MARK YOU: BEST NOT TO GET INVOLVED?

North American Management Enterprises (NAME) is a real estate company headquartered in Atlanta that manages office towers and large, upscale urban condominium properties in cities throughout the United States. It owns some ofits properties and simply leases and manages others. NAME leases office space to both federal and state government entities in a number of cities.

Eleven months ago, Nilru "Nick" Marcu was hired as a StaffAccountant in NAME's southeast regional office in Montgomery, Alabama. Marcu, who is 25 years old and single, was born and raised in Alabama, the son of naturalized immigrant parents who came to the United States from Bucharest, Romania, in 1937. His father was a professor at Auburn University. Marcu speaks with a thick Southern accent, is very dark-skinned, and has curly hair and a broad nose, features which make him appear to some, at least at first glance, to be Afiican-American .

.He has frequently been mistaken for an Afiican-American and is quite sensitive to being treated differently from others as a result, particularly when he is in a group ofwhite friends or associates. He has an undergraduate business degree and M.B.A from the University of Alabama.

From the outset ofhis employment with NAME, Marcu did not get along well with the Director of Finance, Billy Joel Anderson, the manager ofhis division, who is 63 and white. Anderson has regularly criticized Marcu's memoranda as "rambling" and "unfocused" and has criticized his reports as "disorganized" and "frequently inaccurate and incomplete." Anderson has also stated that Marculs contributions at staffmeetings were "generally off-the-wall." These criticisms and characterizations have all been shared with Marcn, either as direct feedback from Anderson to him via written comments on his work or as indirect feedback given by Anderson to Martha Lee Custiss, the Project Manager and Marcu's immediate supervisor, who in turn transmitted them to Marcu at Anderson's direction.

At various times over the past nine months, Marcu has also expressed personal dissatisfaction to Anderson, always orally and in person. His criticisms have included: 1) Anderson never greets him in the morning but does greet others; 2) Anderson has never shaken hands with him and has avoided doing so on appropriate occasions when he has shaken hands with others in the work group; 3) Anderson sits as far away from and never with Marcu at meetings or during business lunches with clients at public restaurants; 4) Anderson consistently mispronounces Marculs name even after correction, saying "Mark-you" rather than "Mare-coo" as Nick pronounces it; 5) Anderson calls Marcu only by his last name while referring to other staff members by their first names. Anderson has dismissed each of these critical comments as "over sensitivity" and "defensiveness" on Marcu's part.

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About two months ago, after observing Marcu and Anderson's secretary, who is white, together in a bar after work, Anderson told Marcu the next morning to "stay away from my secretary, especially after work hours and in public. II The secretary told Marcu the next day that Anderson had instructed her to stay away from him, saying that it "isn't right that they mix in public. tt Six weeks ago Marcu called Anderson's home to ask his 24 ye~ old daughter, who lives at home and also works in the accounting department, out to dinner. She wasn't home and Anderson answered. Marcu asked Anderson to give her the message and Anderson told him he didn't approve of their seeing each other outside the work environment and said: "A word to the wise "" stay away from my daughter. II Marcu reported both the secretary and daughter incidents to Custiss, his boss, saying that he was concerned about their potential impact on his upcoming annual performance evaluation. Custiss felt awkward about dealing with the information and took no action, feeling it was best not to get involved.

Last week five ofthe staff accountants, including Marcu, and Anderson travelled to Atlanta for a short training conference at corporate headquarters. Company policy for such travel is for employees to room in doubles to the extent gender permits. Although all six were me~ Anderson booked the rooms and booked himself into a single, Marcu into a single, and the other four into two doubles. In their most recent interchange last week, after listening to Marcu's complaint about the hotel arrangements and about not eating at the same table with him, Anderson said: "TIris is getting tiresome, 'Mark"you.' It's beginning to seem like you're trying to build some sort of case. Let me give you some advice, boy: don't try it. It

On Monday, Anderson asked Custiss for her perspective as immediate supervisor on Marcu's performance preliminary to Anderson's completion ofMarcu's first year Performance Review. Custiss reponed that she found Marcu's work "adequate in every respect, though improvements were always possible. II She said she would "certainly recommend his continuance, but probably not a raise." Anderson thanked her but observed that he didn't think she was being sufficiently objective about Marcu's performance. On Wednesday, he forwarded the Performance Review to Marcu with a copy to Custiss.

The ordinary course of events for professionals at NAME is that they receive a raise, or "performance bonus," at the end of their first year in conjunction with the Review presuming that they are to be continued. If there is any question about their work, they can either be terminated or have their employment extended for a specified "probationary period" during which their performance must improve or they risk termination. Anderson recommend no raise for Marcu and a "final probationary period of six weeks after which, ifyour performance has not improved dramatically, your employment will be terminated. II The Review further recommends direct counseling with Custiss about the required performance improvements.

Upon receipt ofthe Review, Marcu met with Custiss and told her: "Reporting for counseling as directed, ma'am And you can be sure rll be counseling with others as well Feel free to warn Mr. Anderson, ifyou dare to be the messenger with bad news." Marcu then made an appointment with the regional EEOC office to file a charge.

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ABOUT THE AUTHOR

Donald Scott McPherson holds the Distinguished Teaching Chair ofUniversity Professor at Indiana University ofPennsylvania, where he is Professor of Industrial and Labor Relations and has been a faculty member since 1969. He serven as chiefhuman resources administrator of the !UP residence hall system as Director ofResidence Life before being named Chairperson of the newly established Graduate Department ofIndustrial and Labor Relations in 1977. He developed a full semester graduate course in Discrimination in Employment in 1978 and has taught the course several times each academic year since then.

Professor McPherson is a practicing labor and employment arbitrator, mediator, and factfinder, listed on pennanent panels in the steeL coal and electrical industries; municipal police, Federal agencies, and the rosters ofthe American Arbitration Association, Federal Mediation and Conciliation Service, National Mediation Board, Pennsylvania Bureau of Mediation, Pennsylvania Labor Relations Board and the Mediation and Research Education Project, Inc. He holds a Ph.D. in History from the University of Pittsburgh and his teaching fields include conflict resolution; contract administration; employment discrimination; creative problem solving; employee rights under law; and labor history_ He is the author of a book, Resolving Grievances (RestonlPrentice HalL 1983) and numerous articles and collections of teaching materials, including Negotiating Grievance Settlements: Cases and Materials and Cases in Employment Discrimination.

An experienced trainer, Professor McPherson has conducted workshops and seminars for industry, unions, utilities, health care facilities, educational institutions and associations, and state and local government in areas such as conflict resolution, interest-based negotiation, communication skills, supervision, steward development, and equal employment opportunity. Prior to beginning his neutral practice in 1981, he served as president ofrus facu1ty union local.

Professor McPherson received the IDP Alumni Association Award for Professional Achievement and the Commonwealth of Pennsylvania Distinguished Faculty Award for Exceptional Academic Service in 1983. In 1988, he served as Instructor for a course in U.S. U.K Comparative Industrial Relations at Ruskin College, Oxford University, England. He was named University Professor at IUP in 1993.

He is active in the National Academy ofArbitrators, American Arbitration Association, Society of Professionals in Dispute Resolution, International Association for Conflict Management, Industrial Relations Research Association, International Industrial Relations Association, Society of Federal Labor Relations Professionals, and the Pennsylvania Council of Mediators.

Cases in Employment Discrimination was first printed in 1986 and has been expanded regularly with new cases and materials since then. The development of additional new cases was substantially underwritten by a Creative Teaching Grant from IUP in the summer of 1988 and the development ofAffinnative Action Planning case projects was supported by a Creative Teaching Grant from nJP in the summer of 1990.

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