DOCUMENT RESULIE ED 139 9_9 CB 0 0 874 AUTHOR Marshall, Ray; and Others TITLE The Impact of Legal and Administrative Remedies to Overcome Discrimination in Employment. Final Report. INSTITUTION Texas Univ Austin. Center for the Study of Human Resources. ONS AGENCY Employment and Training Administration (DOL) Washington, D.C. ,REPORT NO CSBR-76-1 PUB DATE Dec 76 GRANT DLMA-21-48-74-01 NOTE 226p.; Some tables may be marginally legible due to size of print EDRS PRICE MF-$0.83 HC-$12.71 Plus Postage. DESCRIPTORS *Blacks; Building Trades; civil Rights Legislation; *Construction Industry; *Court Litigation; *Discriminatory Attitudes (social); *Employment Practices; Equal Opportunities (lobs); Females; Labor Force; Labor Unions; Males; Minority Groups; Models; ,Occupational Mobility; *Personnel Policy; Social Change; Social Factors; Socioeconomic Influences IDENTIFIERS *Shipbuilding Industry ABSTRACT This study examines the effectiveness of specific attempts -o remedy employment discrimination against minorities through litagation and contract compliance efforts. Further, its objective is to identify factors underlying the effectiveness orlack of effectiveness of court decisions and out-of-courtsettlements in producing changes in minority employment patterns. Specialattention is given to-the construction and shipbuilding industries and tothe isSues of-hiring, union entry, upgrading, and seniority systems. To "advance an understanding of the dynamics of combatting employment diScrimination, tile authors present a new conceptual framework for interpreting activity in this field. The authors suggest that Oontltsions and recommendations drawn could be of interest to attorneys, judges, minority organizations, and governmentagencies 'atteMpting to remedy employment discrimination. (Author) -Documents acquired by ERIC include many informal unpublished *-materials not available from other sources. ERIC makes everyeffort * * to obtain the best copy available. Nevertheless,items of marginal * * -reproducihility are often encountered and thisaffects the quality * * of the microfiche and hardcopy reproductions ERIC makesavailable -* via the_ERIC Document Reproduction Service (EMS). EDRSis not * responsible for the quality of the original document.Reproductions * supplied by EDEs are the best that can be made from the original. CSHR Report 76-1 The Impact of Legaland Administrative Remedies to OvercomeDiscrimination in Employment Ray Marshall,Charles Knapp, Malcolm Liggett andRobert Glover Final Report Gra-H DLMA 21-48-74-01 December 1976 U. DEPARTMENT OF NEALTW EDUCATION WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO DuCED ExAcTLy AS RECEIVED F Rom THE PERSON OR ORGANIZATION ORIGIN AnNo IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECESSARILY REPPE SENT OFFIcIAL NATIONAL INSTITUTE OF EoucATION ra5ITION OR pOLICy This r6iport was prepared for the Employment andTraining Administration, U.S. Department of Labor, under research and deVelopment grant no. 21-48-74-01. Since grantees conducting research and development projects under Government sponsorship are encouraged to express their ownjudgment freely, this report does not necessarily represent the officialopinion or policy of the Department of Labor. The grantee is solely responsible for the contents of this,report. Ray Marshall is director of the Center cr. the Studyof Human Resources and professor of economics, Charles Knau is assistant professor of economics,UniveiIsity,of 7exias Malcolm Liggett is an economist with the Council on Wage and Price Stability. Robert Glover is associate director coof the Center for the Study of Human Resources. Center for the Study of Human Resources ~' The University of Texas at Austin 107 West 27th Street Austin, Texas 78712 (512) 471-7891 2 I. Re-0 -. Repicot' C I STANDARD TITLE PAOE FOR TECHNICAL REPORTS DLETA 21-48-74-01 5Report Da an u e . The impact of Legal and Administ ative R-medies to Ove come eeember 1976_ Discrimination in Employment 6 PerformingOrganization Code Rept. 7. Autho -y Marshall, Charles Knapp, Malcolm Liggett, and 8.Performing Organized- No.76-1 - ork Unit No. 9.Performing Org1nition Name A n d Addre 10. Project/Task Center for the Study of Human Resources II. Contract/Grant No. University of Texas DL21-48-74-01 107 West 27th Street - Austin, Texas 78712 13. Type of Report & Period 2.SponsoringAgencyName and Address Coveted U.S.Dept. of Labor Employment and T:aini g Administra- Final Office of-ResearCb and Development tion 14. SponsonogAency Code 1111 20th St. N.W. Wasbinon, D.C. 20210 15.Supplementary Notes 6 Abstrse.;This studyexamines the effectiveness ofspecific attempts to-remedy em- ployment discriminationagainst minorities throughlitigation and contract com- pliance efforts. Further, its objective is to identifyfactors underlying the effectiveness orlack of effectiveness of court decisionsand out-of-court settlements in producingchanges in minority employmentpatterns. Special attention is givento the construction and shipbuildingindustries and to the issues of hiring,union entry, upgrading, and senioritysystems. To advancean understanding of the dynamicsof combatting employment discrimination,the authors present a new conceptualframework for interpreting activity in thisfield. Conclusions and recommendationsdreArawn which will be of interest to attorneys,judges, minority organizatidns,and' government agencies attempting to remedyemployment discrimination. 17.KeyWordsand DocumentAnsfys.17o.Descriptors Apprenticeship Labor relations Business Labor unions COnstruction industry Males Craftsman ManpOwer EffectiVeness Negroes Employment Personnel (used for employees) Ethnic groups Skilled workers . Females Upgrading industrial relations Labor 7b. loenrifiers/Open-EndeselTerms Litigation Contract compliance Equal employmentopportunity Seniority 17e.COSAT1 Field/Group 5C 19. Security Class -_This 21. No. 01 Pages 15. Distribution Ststement Report) Distribution is unlimited. Available from 211 National TechnicalInformation Service, Springfield scaufityCiass(This -22-Price Page Va., 22151. UNCLASSIFIED 41S C D e A.7 roma, CFSTI- -701 TABLE OF CONTENTS PAGE Bibliographic Data Sheet List of Tables ii Acknowledgments 1 Introduction 1 2 Combatting Employment Discrimination in Union Entry and Job Referral Through Litigation: The Case of Construction 29 Combatting Employment. Discrimination in Hiring, Upgrading and Seniority Through Contract Compliance: The Case of Shipbuilding 75 4 Summary and Ccnclusions 183 Footnotes 193 Glossary of Terms 201 Glossary of Acronyms 203 LIST OF TABLES TABLE PAGE 1 Imposed Minimum Minority Representation 35 2 Minority Representation in the St. Louis Construction Trades 1972 36 Value of Building Permits Issued in the City of St. Louis 1960-72 (in current dolla Minority Representation and Goals for Non- Exempt Locals Goals and Figures are as of October 1974 42 Minority Representation in the Building Trades Covered by the Cincinnati Plan October 1974 48 6 Construction Activity in the City of Cincinnati 1966-1973 Current Dollars 49 7 Black Journeymen in the Five Unions - February 1970* Seattle 51 8 Population and Employment in the Seattle SMSA 1970-1973 58 9 Apprentices, Graduates, and Goals by Craft, December 1975 60 10 Employment and Pay Statistics for Local 46 March to July 1970 11 Construction Volume in Jurisdiction of Local 46, 1967-1973 (thousands of dollars) 66 12 Minority Representation in New York City Construction Trades (Years Individual Unions Were Surveyed Vary From 1969-1973) 69 13 Time and Resource Costs of Litigat on 71 14 U.S. Shipbuilding: Value of Contract Awards Including Major Ship Conversions - by Category of Funding, 1964-1974 77 15 Organizational Structure of Office of Civil Rights, Maritime Administration 78 16 Rate of Unemployment by Year Place of Residence Basis Newport News-Hampton Area 1965-1969 85 LIST OF TABLES Page 2 TABLE PAGE 17 Rate of Unemployment by Year Place of Residence Basis Newport News-Hampton Metro- politan Area 1970-1973 85 18 Special Transfer Program Status of Enrollees as of January 1, 1974 93 19 Summary of EEO-1 Reports by DateSubmitted 96 20 Unemployment of the Cviiian Labor Force Jackson County, Mississippi 105 21 Status of the Affected Class December 15, 1972 110 22 Black Craftsmen 3:13 23 Black Operatives 115 116 24 Black Clericals 25 East and West, YardsCombined Litton, Pascagoula 1973 117 26 Female Blue-Collar and Total Blue-Collar Employees 1973 119 27 Mobile SMSA Civilian Labor Force andAnnual Rates of Unemployment 1970-1973 128 28 Current Status of Members of thAffected Class Who Moved September 1974 133 29 Disposition of Members of the Affected Class who Did Not Move September 1974 134 136 30 Modified EEO-1 Form ADDSCO, 1964 137 31 Modified EEO-1 Form ADDSCO 1970 138 32 Modified EEO-1 Form ADDSCO, 1973 139 33 Modified EEO-1 Form Amsco, 1974 34 Employment of Mechanics by Race ADDSCO, 1970 and 1973 141 35 Promotions Among Mechanics by Race: ADDSCO, 1972 142 36 Population and Employment in the Seatle SMSA 1970-1973 148 6 LIST OF TABLES Page 3 TABLE PAGE 37 Total Employment at Todd-Seattle 149 38 Employment Levels at Lockheed-Seattle Selected Years 150 39 Composition of the Workforce by Sex, Race/Ethnic Group at the Todd-Seattle Shipyard, April 1971 and Occupational Category 152 40 Composition of the Workforce by Sex, Racial/Ethnic Group and Occupational Category at the Todd-Seattle Shipyard, May 1974 153 Todd-Seattle 1971-1974 Comparisons: Females to Total 154 42 Todd-Seattle 1971-1974 Comparisons: Minorities to Total 155 Minority Partioilation