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In the United States District Court for The IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division Jamesina Crawford | 529 PAGEWOOD DRIVE | Case No.: 4:14-cv-00130-AWA-LRL Newport News, VA 23602 | | JURY TRIAL DEMANDED Frantz Edouard | 232 N. 1st Street | Judge Arenda Wright Allen Hampton, VA 23664 | | Willie Kershaw | 8875 Woodridge Ct. | FIRST AMENDED COMPLAINT Jonesboro, GA. 30238 | | Lamar Holliman | 3105 Sir Meliot Drive | Chesapeake, VA 23323 | | Mark Barnett | 113 Pine Creek Drive | Hampton, VA 23669 | | Reggie Holliman | 4239 Morgate Lane | Portsmouth, VA 23703 | | David Swain | 267 Backwoods Road | Roper, NC 27970 | | Ron Valentine | 550 Coral Ct. | Newport News,VA. 23606 | | Alfred Joyner | 709 Tanbark Drive | Newport News, VA 23601 | | Ronald Stewart | 306 Pacific Drive | Hampton, VA 23666 | | 1 Keith Chisman | 640 Powhatan Pkwy | Hampton, VA 23661 | | Willie Nichols | 186 Old Bridge Rd | Newport News, VA 23608 | | Ian Blow | 2813 Crossings Drive | Chesapeake, VA 23321 | | Tourke Hooker | 1277 Cooks Mill Road | Lanexa, VA 23089 | | Glannon Pierce | 314 Gauntlet Way | Suffolk, VA 23434 | | Richard Bostick | 337 Shetland Court | Apt D | Richmond VA 23227 | | Don Pierce | 371 Advocate Court | Unit C | Newport News, VA 23608 | | Roderick Waddell, Snr. | 394 Deputy Lane | Unit F | Newport News, VA 23608 | | Roderick Waddell, Jr. | 394 Deputy Lane | Unit F | Newport News, VA 23608 | | Dennis Smith | 73 Anchorage Drive | Newport News, VA 23602 | | 2 Marchello Fields | 11672 Medinah St | Waldorf, MD 20602 | | Steven Gordon | 2831 Rosealee Drive | Hampton, VA 23669 | | Anthony Alveraz | 12719 Woodside Lane | Newport News, VA 23602 | | | Nasseer Marshall | 3213 Westwood Crescent | Portsmouth, VA 23703 | | Lamar Joyner | 212 Jennifer Court | Suffolk, VA 23434 | | Gilbert Wiltz | 15910 Warwick Blvd | Apt 116 | Newport News, VA 23608 | | Robert Robinson | 594 Hollins Court | Apt 109 | Newport News, VA 23608 | | Jonathon Dantes | 121 Tide Mill Lane | Apt 23 A | Hampton, VA 23666 | | Ernest Chesson | 6208 Calvert Ct | Suffolk, VA 23435 | | John Harris | 2401 Crosspoint Circle | Apt 32 | Matthews, NC 28105 | 3 | Theo Pierce | 314 Gauntlet Way | Suffolk, VA 23434 | | Derek Cross | 220 Coree Trail | Edenton, NC 27932 | | Kevin Smith | 8 Stephanies Road | Hampton, VA 23666 | | | Chris Payton | 13220 Aquaduct Drive | Apt 1 | Newport News, Virginia 23602 | | | Plaintiffs, | | vs. | | Newport News Industrial | Corporation, | 182 Enterprise Drive | Newport News, VA 23603 | | Defendant. | INTRODUCTION This is an employment discrimination case alleging a racially hostile work environment, racial discrimination, and retaliation, pursuant to 42 USC §1981, and gender discrimination and retaliation, pursuant to 42 U.S.C. § 2000e, et seq. (“Title VII”). PARTIES, JURISDICTION AND VENUE 1. Plaintiffs Jamesina Crawford, Frantz Edouard, Willie Kershaw, Lamar Holliman, 4 Mark Barnett, Reggie Holliman, David Swain, Ron Valentine, Tourke Hooker, Roderick Waddell, Snr., Roderick Waddell, Jr., Don Pierce, Lamar Joyner, Gilbert Wiltz, Glannon Pierce, Alfred Joyner, Dennis Smith, Ronald Stewart, Robert Robinson, Theo Pierce, Steven Gordon, Willie Nichols, Keith Chisman, Naseer Marshall, John Harris, Chris Payton, Ernest Chesson, Richard Bostick, Ian Blow, Marchello Fields, Kevin Smith, Jonathon Dantes, and Derek Cross, (“Plaintiffs”), are current and former African-American employees of Newport News Industrial Corporation (“NNI”). 2. Defendant Newport News Industrial Corporation (“NNI” or “Defendant”), is a Virginia Corporation and a subsidiary of Huntington Ingalls Industries, Inc. Its facility and principal place of business are located in Newport News, Virginia. NNI is an employer within the meaning of 42 USC Sec. 2000. Plaintiffs and Defendant had a contractual relationship within the meaning of 42 USC Sec. 1981. 3. This Court has jurisdiction pursuant to 28 U.S.C. Sec. 1343. 4. With respect to Plaintiff Crawford's claims pursuant to 42 USC 2000e, Plaintiff Crawford filed a Charge of Discrimination with the EEOC, which issued a Notice of Right to Sue. The initial Complaint dated September 30, 2014, was filed less than 90 days from receipt of said Notice. 5. Venue is proper in this district, pursuant to 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1391, because the conduct complained of herein took place within this judicial district and the defendant is subject to personal jurisdiction and headquartered here. PROCEDURAL HISTORY 5 6. On or about January 3, 2013, NNI received a document preservation letter indicating that Crawford, Brian Long, Edouard, Kershaw, Chisman, Smith, Lamar and Reginald Holliman, Valentine and Pierce intended to sue NNI for racial harassment/hostile work environment, disparate treatment and retaliation, as well as for gender discrimination and retaliation on behalf of Crawford. 7. On September 30, 2014, Crawford, Edouard, Kershaw, Lamar and Reginald Holliman, Valentine, Swain and Barnett filed a Civil Action Complaint against NNI. 8. NNI executed a Waiver of Service on January 21, 2015. The instant Amended Complaint, which is being filed as of right within 21 days of service of the Complaint to add Plaintiffs and claims against NNI. VIOLATION OF THE FAIR PAY AND SAFE WORKPLACES EXECUTIVE ORDER 9. NASA, the U.S. Department of Energy and the U.S. Department of Defense, are major customers of Defendant. 10. The conduct alleged herein violates the Fair Pay and Safe Workplaces Executive Order issued by President Obama on July 31, 2014, and a judgment on this action would require that NNI be barred by the Department of Labor from receiving federal contracts. ORGANIZATIONAL STRUCTURE OF NEWPORT NEWS INDUSTRIAL CORP. 11. NNI fabricates tanks, pressure vessels, and piping. It installs and replaces plant components on-site. It services pumps, hydraulic equipment, turbines, diesels and other plant equipment. It provides engineering, shock analysis and testing, laboratory testing, services, and sells certain related products. It has specific expertise in welding to the standards required on nuclear submarines and aircraft carriers. 6 12. As of January of 2013, less than ten African-American employees at NNI were “permanent” employees, including secretaries and support staff. 13. Peter Daikun is the President of Newport News Industrial Corporation and the Vice President of Newport News Shipbuilding. He has been in this position since 2012. Steve Napiecek is the Vice President of Newport News Industrial Corporation and its General Manager. He has been in this position since 2010. 14. Scott Jones is the Operations Manager at Newport News Industrial Corporation. Superintendents report to the Operations Manager. They are responsible for managing projects and supervising production and maintenance employees, including foremen and tradespeople. Superintendents at NNI have included, from 2008 to the present, Richard Tally, Doug McKercher, and Doug Todd. Superintendents have the authority to hire and fire employees. No African-American has occupied a superintendent position at NNI in at least the last six years. 15. Foremen are production and maintenance employees. They directly supervise teams of tradespeople including welders, machinists, and fitters. Foremen report to superintendents. Foremen at NNI have included Kevin Angle, a welding foreman, Jeff Riley, a welding foreman, Tommy Jaffeux, a fitter foreman, and Wayne Jackson, a fitter foreman. On information and belief, NNI has approximately 10 to 15 foremen. Prior to January 2013, no African-American had occupied a foreman position. 16. Make-up supervisors or step-up supervisors are production and maintenance employees. They are temporarily authorized to supervise teams of tradespeople when Foremen are unavailable or more supervisors than are available are needed on a project. Prior to January 2013, no African-American has occupied a make-up supervisor or step-up supervisor position. 7 17. NNI employs approximately 150 to 200 tradespeople. Tradespeople at NNI are production and maintenance employees. They include but are not limited to structural welders, structural fitters, pipefitters, pipe welders, machinists, electricians, and laborers. 18. NNI production and maintenance employees perform physically demanding work. They fabricate large metal structures spanning hundreds of feet. Tradespeople at NNI often specialize in specific trades and seek to gain skill and experience within a particular field. Laborers are unspecialized entry level positions. They perform physical labor in support of specialized tradespeople. Customarily, as a tradesperson improves in skill and experience, his increased proficiency is recognized by title or rank. For example, as a welder gains greater skill and experience, he is promoted from third class, or entry level welder, to second class, or semi- skilled welder, to first class, advanced welder. Progress from a basic skill level to an advanced skill level can take ten years or more. Employees work with the goal of increasing their skill level, title or rank, and consequently, their rate of pay. 19. Maintenance and production employees have primarily worked at five locations at NNI: the Main Building, at 182 Enterprise Drive, Newport News, VA, outside the Main Building, space that was shared with Swisslog Logistics, known as the “Swiss Log,” at 161 Enterprise Drive, Newport News, VA, “Oyster Point” building, new Oyster Point, Newport News, Va and the Warehouse. Other areas at NNI include, but are not limited to, a facility near Fort Eustis and a facility on Jefferson Ave
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