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LAFFEY v. NORTHWEST AIRLINES

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


November 12, 1973

Mary P. Laffey et al., Plaintiffs,
v.
Northwest Airlines, Inc., Defendant

The opinion of the court was delivered by: ROBINSON, JR.

ROBINSON, JR., D.J.:

 The above-entitled matter came on for trial before the undersigned Judge of the above Court commencing on December 4, 1972, and continuing thereafter until January 10, 1973.

 Based upon the oral testimony at trial, the designated deposition testimony submitted to the Court, exhibits introduced by both parties, and all of the files, records and proceedings herein, the Court being duly advised in the premises, in accordance with Rule 52 of the Federal Rules of Civil Procedure, makes and enters its Findings of Fact, Conclusions of Law and Order for Judgment as follows:

 Findings of Fact

 1. The named Plaintiffs are female cabin attendant employees of Northwest Airlines, Inc., and this action has been certified as a class action on behalf of all NWA female cabin attendants employed at any time from July 2, 1965 to the present.

 2. The Defendant, NWA, is an air carrier which was formed in 1926, and it currently maintains its corporate headquarters and main base at the Minneapolis-St. Paul International Airport in Minnesota.

 3. NWA first began passenger service between Minneapolis-St. Paul and Chicago, and from 1927 to 1946, extended its routes to other cities in the continental United States. Virtually all of NWA's flights cross state lines, and it is engaged in interstate commerce. In 1947 NWA began scheduled service to the Orient, and since that date has increased the number of its routes within and without the continental limits of the United States. NWA has used various types of equipment to fly these routes over the years, including (1) propeller driven equipment accommodating between approximately 25 and 100 passengers with a cabin crew complement of two or three, (2) jet equipment accommodating between approximately 100 and 150 passengers with a cabin crew complement of five, and (3) the new wide-bodied jet equipment, including the 747 and the DC-10, carrying as many as 362 passengers with a cabin crew complement of as many as sixteen.

 4. NWA's international operations are extremely competitive, much more so than its domestic operations. There is no significant market in NWA's international system that is not competitive with at least two or more international carriers. Most of these carriers are significantly larger than NWA and also have the competitive advantage of operating around the world, thus being able to carry through-traffic beyond the New York and Hong Kong termination points of NWA's system.

 5. In a normal year not subject to the impact of a strike, NWA handles approximately seven million passengers producing gross revenues of approximately $450 million. This ranks NWA approximately seventh among the eleven trunk carriers in the United States. From 1968 through 1970, NWA lead all United States air carriers in annual net profits, earning between 44.5 and 51.5 million dollars per year. In 1971, NWA was second in net profits with nearly 21.5 million dollars, the drop being attributed to the effects of a labor strike in the latter part of 1970.

 6. All cabin attendants employed by NWA between 1927 and 1947 were females classified as stewardesses. The company has continued to employ females in the stewardess classification up to and including the present time. In 1947, the Company established a cabin attendant classification of purser. From 1947 through June 15, 1967, the Company followed an express policy of confining the purser job solely to males. In 1949, the Company established a cabin attendant classification of flight service attendant (FSA), which has always been filled exclusively by males. The FSA classification was established when the Company began utilizing a plane called the Boeing Stratocruiser, which had a sunken bar lounge. The Company decided that a male cabin attendant should be assigned to the bartending function (as well as other cabin attendant duties) on this plane. Except for the cocktail service on this plane, FSA's were hired to perform the same duties that female stewardesses performed.

 7. On December 17, 1946, the National Mediation Board certified Air Line Stewards and Stewardesses Association, International (hereinafter "ALSSA") as the duly designated collective bargaining representative of NWA's female cabin attendants. This certification subsequently was amended on October 22, 1948, to provide that ALSSA also was the duly designated representative of NWA's pursers, and again on June 20, 1950, to provide the same representative for NWA's male cabin attendants. On July 7, 1961, ALSSA having affiliated with the Transport Workers Union of America, AFL-CIO, the National Mediation Board certified "Air Line Stewards and Stewardesses Association, International, Transport Workers Union of America, AFL-CIO" as the duly designated representative of all cabin attendant and purser employees of NWA. In 1971 NWA's cabin attendants and pursers voted to replace ALSSA with Air Line Pilots Association, International (hereinafter "ALPA") as their representative, and the National Mediation Board so certified on September 17, 1971. ALPA has joined this action as a "non-aligned party."

 8. At all times the membership of NWA's cabin attendant class or craft (including pursers) represented by ALSSA or ALPA has been predominantly female, so that females always have and still do possess a clear numerical superiority over males in the affairs of the class or craft and the union representative. The members are called upon to vote for their representatives within the internal union structure, to state their views and proposals in connection with collective bargaining, to ratify new agreements, and otherwise to participate in the process by which their rates of pay, rules and working conditions are established.

 9. At all times from December 17, 1946 to date, NWA has entered into collective bargaining negotiations and agreements with the certified union representative, ALSSA or ALPA, pursuant to the mandate of and the procedures outlined in the Railway Labor Act, 45 U.S.C. ยง 151 et seq. The agreements have covered all United States-based cabin attendants and pursers, but not those based in the Orient and assigned exclusively to flights within the Orient ["interport"].

 10. Since at least 1943, NWA has employed female cabin attendants as "stewardesses." In the first collective bargaining agreement, dated September 19, 1947, a "stewardess" was defined as:

 

. . . an employee who is responsible for the performing or assisting in the performance of all enroute cabin service, or ground service, to delayed or canceled passengers, and shall include the responsibility for the welfare, comfort, enjoyment and safety of the passengers, as prescribed by the Company regulations.

 A salary was established for that position. The definition has continued to the present, and the salary has increased over time by union negotiation and agreement.

 11. In 1947 when NWA obtained and began flying routes to and through the Orient, the purser classification was established. In the first collective bargaining agreement including pursers, dated January 1, 1949, the position of "flight purser" was defined as follows:

 

"Flight Purser" means an employee on the international division whose work includes performing and assisting in the performance of all enroute cabin service, attending to passenger comfort, responsibility for the preparation and completion of passenger, crew, and cargo manifests and other reports and documents as may be required by the Company or by law. A flight purser may be designated to perform necessary duties in connection with flight cargo operations, may be designated as being in charge of other cabin attendants, may be required to accept special assignments related to flight purser duties, and from time to time may be requested to participate in publicity and promotional assignments not in violation of any of the terms of this Agreement.

 The definition of a "purser" has continued to the present time. A salary was established for the purser position at a rate higher than that for the stewardess position. The salary for the position has increased over time pursuant to union negotiation and agreement.

 12. In 1949 NWA began hiring male cabin attendants as "flight service attendants" [FSA's] to fly particularly on the Boeing Stratocruiser aircraft. They were to perform essentially the same duties as female cabin attendants on those and other flights. Effective with the 1951 collective bargaining agreement, FSA's were included in the definition of "Stewardess" appearing in the earlier agreement, which was carried forward thereafter.

 13. Beginning with the 1951 collective bargaining agreement and continuing thereafter to date, a combined purser-FSA seniority list was created by virtue of which FSA's began accruing seniority as pursers immediately upon commencing their duties as FSA's.

 14. From 1951 until the June 15, 1967 collective bargaining agreement, FSA's had a contractual right to fill purser vacancies in seniority order. From 1951 on, as permanent vacancies in the purser position arose, notices of the purser vacancies were posted, addressed only to male employees. At no time did the Company fail to award a purser vacancy to the most senior FSA bidding for it. The Company's policy was that any FSA who had successfully completed his FSA probationary period was thereby deemed qualified for purser vacancies.

 15. As temporary vacancies in purser positions arose, FSA's were temporarily elevated to fill such vacancies and received purser pay for doing so. When they were promoted to permanent purser positions, they received credit on the purser pay scale for the time spent filling temporary purser vacancies.

 16. FSA's who chose to pass up promotional opportunities to purser and then later promoted to purser jumped ahead for all seniority purposes, of junior employees who had been promoted ahead of them.

 17. The Company hired its last FSA in 1957 (the discontinued use of the Boeing Stratocruiser having eliminated the Company's interest in having FSA's). Between 1957 and 1964 all purser vacancies were filled by the promotion of FSA's in the manner described above. By mid-1964, the Company had exhausted the supply of FSA's who desired elevation to purser positions. As subsequent purser vacancies arose, the Company invoked its contractual right to transfer "the most junior employee" to force the remaining few FSA's who were based in Minneapolis to transfer to the Seattle base and fill purser vacancies. By May 1965, there remained only three FSA's, all voluntarily based in Honolulu flying on military charter flights for the United States Government, certain of which required the use of male cabin attendants only.

 18. As of May 1, 1965, just prior to the effective date of Title VII of the Civil Rights Act of 1964, the Company employed 48 male pursers, no female pursers, three male FSA's, and 724 female stewardesses.

 19. The last purser was hired by the Company on April 25, 1970. As of that date, the Company employed 137 male cabin attendants, all as pursers, and 1,747 female cabin attendants, all but one classified as stewardesses. (The single female purser was Mary P. Laffey, who was promoted from the classification of stewardess effective October 4, 1967.)

 20. Between May 1, 1965, and May 1, 1970, the Company hired 118 new male cabin attendants, all of them as pursers. During the same period, it hired 2,224 new female cabin attendants, all of them as stewardesses.

 21. Recently, NWA has hired several male cabin attendants as "stewards" to perform the same duties as stewardesses and FSA's and at the same union negotiated and agreed upon rate of pay. At all times from 1949 to the present, FSA's and stewards have been compensated at the same rate as stewardesses of equal longevity. The single compensation schedule provided by union contract for the cabin attendant classification establishes periodic increments based upon accumulated longevity in that classification. In addition to the basic compensation, cabin attendants engaged in "foreign flying" [flights to or from foreign countries, Alaska or Hawaii, excluding Winnipeg, Canada] have been compensated either according to a separate schedule at a higher rate or according to a specific hourly supplement. Pursers receive no such supplement.

 22. The Company and ALSSA engaged in collective bargaining negotiations in 1963 and 1964, from which eventuated the 1964 collective bargaining agreement. In those negotiations, ALSSA sought a provision which would permit stewardesses to progress to purser vacancies in seniority order after the last FSA who desired to become a purser had done so. The Company refused to agree to this proposal and it was not included in the 1964 agreement.

 23. In 1966 and 1967, the Company and ALSSA engaged in the next round of collective bargaining negotiations eventuating in the agreement which became effective June 15, 1967. One of the Company's opening proposals was that a single "cabin attendant" classification be established, in lieu of the three classifications of purser, FSA and stewardess, and that the rate of pay for this single classification be the rate then paid to stewardesses and FSA's. The Union opposed this proposal, and it was not adopted. One of ALSSA's proposals was that stewardesses be permitted to progress to the position of purser in seniority order, as FSA's had in the past. The Company refused to accept ALSSA's proposal, but stated that it would agree to a provision permitting stewardesses to bid for purser vacancies if the Company was allowed a right of "selectivity". ALSSA acceded to the Company's proposal because it was convinced that it was the most it could achieve. The provision as it appeared in the 1967 agreement provided:

 

"d. Employees will be notified by posting on the bulletin board of any vacancies occurring within the purser classification. Stewardesses and flight service attendants will be given consideration if they make written application for any such positions. In considering the applications the Company will give consideration, among others, to the employee's past service record, length of service, leadership ability, and test results." (P-79, Sec. 9(d)).

 This provision replaced the following clause which had appeared in the 1964 agreement, as well as the preceding agreements:

 

"d. Flight service attendants will be given an opportunity to qualify as a flight purser at any time the Company desires provided that all promotions to the status of flight purser shall be in the order of their seniority subject to the provisions of this section."

 24. The opportunity for stewardesses to seek purser vacancies under the 1967 agreement differed from the manner in which FSA's previously filled such vacancies in the following additional respects:

 (a) The 1967 agreement contained a review procedure for stewardesses whose bids for purser vacancies were denied, but that procedure was available only to stewardesses who had "at least four (4) years of service with the Company on flights to which a purser has been assigned." The Company insisted on this limitation to discourage bids for purser vacancies by stewardesses who did not have four years flying with a purser. A majority of the Company's male pursers became pursers without having flown for four years on flights with a purser.

 (b) Whereas the probationary period in the 1964 agreement and in the agreements prior thereto had been "the first four (4) months of service as a flight purser," the provision was changed in the 1967 agreement, at the Company's insistence, to "the first six (6) months of service as a flight purser".

 (c) The 1967 agreement left intact the combined FSA purser seniority list. The effect of this was that stewardesses becoming pursers would go to the bottom of the purser seniority list, whereas both before and after 1967 FSA's who became pursers received credit for their years of FSA service on the purser seniority list. Seniority on the purser seniority list determines the order of bidding for schedules, vacation preference, the order in which pursers are laid off and recalled during reductions in force and restorations in force, and priority in obtaining voluntary transfers to other bases. Additionally, those at the bottom of the purser seniority list are subject to involuntary transfers from one base to another. The most junior employees on the purser seniority list usually wind up with "reserve" schedules. Reserve schedules are generally considered the least desirable, as the employee has no choice of itinerary and must remain available at his telephone for most of the month to be summoned on short notice.

 (d) Although FSA's who had completed their probationary period were deemed qualified for purser vacancies under the pre-1967 agreements, no similar policy was applied with respect to stewardesses bidding under the 1967 agreement.

 (e) Following the signing of the 1967 agreement, the Company decided to "upgrade" its standards for selecting pursers, and to place greater emphasis on the qualities of supervisory capacity and leadership ability than it had in the past. As part of this greater emphasis on supervisory capacity, the Company decided to begin utilizing tests which had not previously been utilized in the selection of pursers. None of the tests administered to applicants for any cabin attendant positions prior to 1967 had been utilized by the Company to measure supervisory potential or supervisory capacity. When FSA's progressed to purser prior to 1967, they took no tests as a prerequisite to becoming a purser; following the signing of the 1967 agreement, however, stewardesses seeking purser positions were subjected to tests.

 25. Stewardesses have been deterred from bidding for purser vacancies since 1967 because:

 (a) Under the terms of the agreement they would go to the bottom of the purser seniority list, have last choice in selecting schedules, have to fly reserve, have last choice in selecting vacation time, be the first laid off in a reduction in force, and be subject to involuntary transfers to other bases.

 (b) If they are senior, under the terms of the agreement they would not receive any greater pay for a substantial period of time then they would receive by remaining a stewardess.

 26. Following the signing of the 1967 agreement, the NWA personnel office was instructed to consider stewardesses for purser vacancies. It was not told to consider female applicants other than stewardesses and it never did. Despite a lack of well qualified applicants for the purser position, the Company did not canvass the stewardess ranks, nor consider applications from females who were applying for stewardess positions. Rather, the Company resorted to advertising and lowering of standards to recruit pursers from outside.

 27. When the Company anticipated purser vacancies, its practice was to hire men off the street, put them through its five-week cabin attendant training program, and then post notices of purser vacancies. These men were "assured of a job." If the Company awarded a purser vacancy to a stewardess who bid for it, the result would be that the Company had a purser excess, and as future needs arose, no vacancies would have to be posted.

 28. Late in the Summer of 1967, without posting notices of the existence of any purser vacancies, the Company hired five male applicants as pursers and entered them into its training program. These males were hired to fill purser vacancies in October 1967. Laffey learned of the hiring of the men and complained to Homer Kinney, the Company's Director of Labor Relations, that the hiring of these men without posting notices of the purser vacancies violated the 1967 agreement. Kinney acknowledged that Laffey was correct, and a notice was posted on October 20 advising that five purser vacancies at the Seattle base were available for bid, to be filled on or about November 10, 1967. Meanwhile, the five males had completed their training and were assigned to purser positions on October 4, 1967.

 29. Two stewardesses bid for these vacancies; Laffey, who had nine years seniority as a stewardess, and Shirley Linburgh, who had 15 years seniority. Linburgh's bid was received a few hours past the bid deadline, and she was advised that consequently her bid would not be considered, despite the fact that five vacancies were posted and only two cabin attendants bid for such vacancies.

 30. Although the vacancy for which Laffey bid was to be filled on approximately November 10, 1967, that date passed without Laffey learning anything in response to her bid. She inquired of R. R. McPherren, her supervisor. McPherren wrote to Kinney on November 21, inquiring about the delay in processing Laffey's bid; Kinney responded that the delay was because the Company was obtaining new tests to be administered to purser applicants. While Laffey was waiting, the Company hired two more men as pursers, without giving them the tests which (because not yet developed) were the stated reason for making Laffey wait. (Nor were the five male pursers hired in October, 1967, given these tests).

 31. Laffey received no response to her bid until April 1968, despite repeated demands by her that the bid be acted upon. This was an unusually long delay for filling a posted purser vacancy. On or about April 10, 1968, Laffey phoned Kinney to remind him that it was now nearly 5 months since the vacancy had been scheduled to be filled. Not until after this inquiry did the Company begin to seek new tests to be administered to purser applicants. Kinney instructed Virgil Fencl, the Company's Director of Employment, to obtain such a test. Fencl then contacted Doctor Lowell Hellervik, a testing specialist who provided regular consulting services to the Company, and requested a short test which could be used to identify supervisory potential in purser candidates. Shortly thereafter, Hellervik recommended to Fencl that the Company use a test called the "Self-Description Inventory," and submitted the test to Fencl on April 17, 1968. In May, Laffey was finally tested and interviewed. In June, she was notified that her bid for the purser vacancy was granted. She became the first and only female purser in NWA.

 32. The Company initially advised Laffey that her seniority date on the purser seniority list would be the date of her actual assignment to the purser job in June, 1968. Laffey protested that this would place her below the male pursers who had been hired in October 1967, without the posting of notices as required by the 1967 agreement, as well as below the male pursers who had been hired in December 1967 while her bid was pending. Finally, the Company assigned her a purser seniority date of October 4, 1967.

 33. For pay purposes, the Company placed Laffey on the bottom step of the purser salary scale, and began paying her a smaller salary than she had received as a senior stewardess. Laffey filed a grievance protesting that this violated Section 3(i) of the 1967 agreement, which provided: "No reduction in pay shall be suffered by an employee by virtue of his accepting a purser assignment." The Company ultimately acquiesced and raised Laffey's salary to that which she had been receiving as a stewardess. Thereafter, the Company treated Laffey as moving one step up the purser salary scale for each six months she served as a purser. It was not until Laffey reached the fifth step of the purser salary scale that she began to receive a higher salary than she had received as a stewardess; until that point, she continued to receive her stewardess salary pursuant to the "no reduction in pay" provision.

 34. Because Laffey was not given credit for her years as a stewardess when she was placed on the purser seniority list, she occupied a relatively junior position on that list, and was forced to bid the least desirable schedules, frequently having to fly as a reserve purser.

 35. In July, 1970, the Brotherhood of Airline Clerks (BRAC), which represents certain of the ground personnel employed by the Company, struck. The strike lasted until mid-December, 1970. The Company flew only a portion of its flights during the strike. At the conclusion of the strike, the Company decided to remove pursers from certain flights on which it had previously used them. As a result, a number of pursers were demoted to FSA's, and Laffey was demoted to stewardess. As purser vacancies have arisen since December, 1970, they have been filled by the demoted pursers in the order of their purser seniority. Because reductions in force are governed by purser seniority, Laffey was one of those who lacked sufficient seniority to remain as a purser. From that date until the present, she has been reduced to her former status as a stewardess and has been paid as such, while men hired in 1965 and 1966 have continued to fly as pursers. Had she been assigned a purser seniority date which included her seniority as a stewardess (in the same manner that FSA's who progressed to purser had their seniority as an FSA included in their years of service as a purser), she would have had sufficient seniority to remain as a purser at the time of the reduction in force and at all times thereafter to the present date.

 36. Other stewardesses who submitted bids for purser vacancies were refused.

 (a) In late 1967, Alice Bernhard, a stewardess with 8 1/2 years of seniority, submitted a timely bid for a purser vacancy to be filled in late December. Bernhard received a letter from McPherren advising that her "qualifications at this time are not sufficient" to be a purser. No tests were administered to Bernhard, nor was she interviewed, prior to the Company's rejection of her bid. She did not file a grievance concerning the denial of the bid.

 (b) In October, 1969, stewardess Carolyn A. Blair (now Carolyn Ingold) submitted a timely bid for a purser vacancy. On November 5, 1969, McPherren wrote to Blair that her bid was rejected because her qualifications were insufficient to be a purser. The Company neither interviewed nor tested Blair prior to the sending of this letter. Blair's pre-employment interviews and tests, and her cabin attendant evaluations, reflected that she was mature, unusually intelligent, and a dedicated cabin attendant. She did not file a grievance concerning the denial of the bid.

 (c) In April, 1969, Janice P. Smith, a stewardess with five years' seniority, went to the Company's Cabin Service Office in Seattle, filled out an application for employment as a purser, addressed it to the Company's general headquarters in Minneapolis, and left it for delivery in the intra-company mail. She received no response to her application. In late 1969, Smith went to the Seattle office and asked McPherren what was happening with respect to her application. McPherren responded that he was not aware that she had made an application. Smith replied that she had, and asked if she could fill out another application in McPherren's presence, or file a letter of preference. McPherren replied that she could not, and that she would have to wait until a notice of purser vacancy was posted and bid at that time. Smith said that she would rather leave an application, as she had not seen notices in the past, and feared that she would miss them and thus not be able to bid when purser vacancies arose. McPherren told her that those not employed with the Company, or employed in non-cabin-attendant positions, could seek purser positions through such applications, but that stewardesses had to wait until a posted vacancy appeared.

 (d) On March 21, 1970, stewardess Beverley Emge submitted a timely bid for a purser vacancy at the Washington base. No other bids were submitted for the vacancy, and Emge was invited to Minneapolis (she was based in Washington, D.C.) to be interviewed on April 17, 1970, by James Robertson, the Company's Director of In-Flight Services. Robertson told Emge that if she took the vacancy she would be the junior purser and thus would have no choice in her bidding assignments, that she would suffer a cut in pay, and that, as the junior purser, she would be subject to being involuntarily transferred to other bases. He told her that the Company was contemplating a reduction in the size of its Washington base, and an expansion of its Honolulu base, so that Emge would run a serious risk of being transferred to Honolulu if she accepted the bid. Emge did not wish to leave the Washington, D.C. area. Based upon Robertson's representations that her acceptance of the purser vacancy might result in her involuntary transfer to Honolulu, she was doubtful whether to take it. Robertson told her that she had to decide immediately, as there was a male cabin attendant at another base who was anxious for the vacancy. Emge said she would withdraw her bid, and Robertson had her sign a letter, which was already prepared and typed, withdrawing her bid.

 

1. Three days later, the Company posted a notice announcing yet another purser vacancy at the Washington base, to be filled on or about May 2, 1970. Upon seeing this posting, Emge had a change of mind and accordingly, on April 23, 1970, submitted a bid for this new purser vacancy at the Dulles base.

 

2. The notice had stated that bids had to be submitted no later than noon Pacific Daylight Time on May 1, 1970. By the close of business on April 30, Emge's was the only bid for this vacancy. Early in the morning of May 1, 1970, at or prior to 7 a.m. Honolulu time, Chalmers Hunter, a purser based in Honolulu, phoned In-Flight Supervisor Jack Gulett, who was staying at a Honolulu hotel, and indicated a desire to transfer to Washington, D.C. Gulett advised Hunter that there was a vacancy for which bids had to be submitted that very day. Hunter said that there was no way he could transmit a bid so that it would be received by the Company in Seattle by the 12 noon deadline (12 noon Seattle time is 9 a.m. Honolulu time). Gulett said that he would try to utilize the Company's teletype equipment for that purpose. Gulett phoned the Company's crew scheduling office in Honolulu and instructed an employee "to get the bid on the machine immediately." The teletype operator types the time of transmission on the message. Gulett told him that the bid "had to be dated before noon Pacific time to be valid." According to the Company's records, the bid was received in Seattle at 11:53 a.m. Pacific Daylight Time. Later that day, the Honolulu office received a reply teletype from Seattle announcing that Hunter was the successful bidder for the vacancy.

 

3. Emge's seniority date is September 29, 1961. Hunter's seniority date is November 16, 1969. On the ground that she had greater seniority, Emge filed a grievance protesting the award of the purser vacancy to Hunter. The Company, thru Robertson, construed the 1967 and subsequent agreements as according junior pursers priority over senior stewardesses if both bid for the same purser vacancy and accordingly, denied the bid.

 37. From the time the purser classification was established in 1947 until June 15, 1967, NWA exclusively hired males for the purser position. The Company desired to confine the purser position to males for the following reasons:

 (a) A belief that males could more adequately perform the supervision and conducting job of the purser.

 (b) Oriental officials, passengers and cabin attendants were conditioned by custom and mores to deal with and accept leadership and direction of males rather than females.

 (c) It was considered important to have male pursers on the transpacific flights to cope with rowdy seaman crews.

 (d) Lifting of heavy cargo, food, galleys, baggage could best be performed by males.

 (e) During the period from 1963-1970, NWA flew certain military charter flights out of Honolulu on which only males could be used pursuant to United States Government contract and specifications.

 (f) An interest in having pursers once trained remain with the Company to avoid need for special purser training and turnover on international routes, the Company experience being that males were more career oriented and more likely to remain with the Company (turnover rate among NWA's female cabin attendants three times greater than male among cabin attendants).

 38. The Company sought to effect its desire to confine the purser position to males in the following ways:

 (1) Between May 1, 1965 and May 1, 1970, hiring 119 new pursers, only one of whom was a stewardess (Plaintiff, Laffey) and during the same period hiring 2,244 new female cabin attendants. As of April 25, 1970, NWA employed 137 male cabin attendants, all as pursers, and 1,747 female cabin attendants, all but one as stewardesses.

 (2) Top Company personnel were explicit and candid in expressing personal and Company preference for male pursers and discouraging stewardesses who applied.

 (3) Inordinate and unusual delay in processing the bid of Plaintiff, Laffey, the only female applicant to survive an immediate or perfunctory rejection.

 (4) Disqualification of stewardesses without interview or tests and despite their experience as cabin attendants.

 (5) Posting notices of pursers vacancies addressed expressly to male employees ("to all purser and FSA's").

 (6) Failing to consider stewardess applicants for purser positions no matter how well qualified.

 (7) Hiring and training new pursers in anticipation of purser vacancies, then posting notice of vacancies and thus assuring jobs to new pursers rather than awarding vacancies to possible applicants from the stewardess ranks.

 39. Qualifications and requirements for female cabin attendants have differed from male cabin attendants as follows:

 (1) Female cabin attendants, when hired, sign a form stating: "I understand that among the qualifications and requirements of a stewardesses' position are . . . weight in proportion to height, that failure to maintain such qualifications . . . will be cause for termination of my employment." Male cabin attendants are not required to sign such a form when hired. When hired, female cabin attendants are given a specific weight at which they must report for training; if they arrive at training more than one pound over this prescribed weight, they may be dismissed from class. No such requirement is imposed upon male cabin attendants hired.

 (2) The Company's Cabin Service Manual contains a table of prescribed weights to which female cabin attendants must adhere. Prior to the trial in this case no such weight chart existed for male cabin attendants. All female cabin attendants are weighed on a regular basis at least two times per year, and are also weighed whenever they appear overweight. No such periodic weighing of male cabin attendants takes place.

 (3) Female cabin attendants who exceed the weight prescribed in the cabin service manual by more than five pounds are advised that they will be grounded and ultimately terminated, unless they return to their prescribed weight within a specific period of time, if they do not return to their prescribed weight they are grounded (i.e. suspended from employment and not permitted to fly) until they have returned to their prescribed weight. Substantial numbers of female cabin attendants have been grounded for exceeding their prescribed weight, and in some instances even terminated.

 (4) The Company does not regularly monitor the weight of its male cabin attendants, and they have continued to fly even if substantially overweight, without being ordered to lose weight, without being placed on weight check, and without being threatened with grounding or termination. Only rarely have overweight male cabin attendants been placed on weight check (since the effective date of the Civil Rights Act, only three male cabin attendants have been placed on weight check, and of these, two were placed on weight check after the filing of this lawsuit); and only one male cabin attendant has been grounded, for a period of one week, for failure to maintain an appropriate weight. In each of these rare instances the male attendants involved were very substantially overweight, and were permitted to continue flying even though they did not reduce their weight anywhere near that suggested (or even gained additional weight).

 (5) The Company has always required female cabin attendants to share hotel rooms on lay-overs away from their home base.

 (6) Since at least 1964, male cabin attendants have been provided with single rooms on lay-overs. This has been so, for the most part, even where two or more male cabin attendants have been on the same flight. In April 1971, the Company issued a bulletin purporting to remind male cabin attendants "of a company policy which has existed for many years that when there are two male cabin attendants on a crew, they will share a room at lay-over points." However, the Company rarely, if ever, enforced such a policy, in that even when two male cabin attendants were on the same flight, they obtained single rooms which the Company paid for without objection to the male cabin attendants. On most interport flights (flights beyond Tokyo) there is one male American purser and one male Asian flight service attendant, but they have not been required at any time to share rooms.

 (7) The Company maintains a rule forbidding all female cabin attendants from wearing eyeglasses, but does not maintain such a rule with respect to male cabin attendants hired prior to September, 1971.

 (8) Female cabin attendants are subject to discipline, including possible discharge, for violating the Company's rule forbidding them to wear eyeglasses.

 (9) Female cabin attendants are permitted only to wear contact lenses, which are substantially more expensive than eyeglasses with lenses of comparative quality.

 (10) At all times, female cabin attendants wishing to carry luggage aboard the plane have been required to purchase luggage strictly prescribed as to brand, size and color.

 (11) At no time have male cabin attendants been restricted in their choice of luggage, other than that it be "in good condition."

 (12) The 1970 collective bargaining agreement provided that male cabin attendants (pursers and FSA's) were to receive a uniform cleaning allowance of $13.00 per calendar quarter. Female cabin attendants did not receive this allowance.

 (13) Prior to June 21, 1972, the Cabin Service Manual provided that the "chain of command" aboard the aircraft, after the cockpit crew, was purser, then other male cabin attendant if one assigned, and then stewardesses in seniority order. On June 21, 1972, the Manual was changed to provide an order of purser, and then stewardesses or flight service attendants in seniority order.

 (14) Prior to September 1, 1971, the Company did not hire females as cabin attendants if they were taller than 5' 9". The maximum height for females was raised to 6' 0" on September 1, 1971. The maximum height for male cabin attendants was 6' 0" at the time when the maximum for females was 5'9".

  (15) From the beginning of its operation until June 15, 1967, the Company followed a policy of terminating all female cabin attendants when they married. It never had such a rule with respect to male cabin attendants. Despite a series of EEOC findings of probable cause, beginning in December, 1965, that this policy violated Title VII, the Company resisted changing its marriage rule until the conclusion of collective bargaining negotiations resulting in the June 15, 1967 agreement. At that time it agreed to abandon the policy, and to reinstate only those stewardesses terminated since the effective date of Title VII, and then only if they applied for reinstatement within three weeks of the ratification of the agreement and if they waived all claims to back pay.

  (16) From the beginning of its operations until 1971, the Company had a policy forbidding the hiring of married females as cabin attendants. It has never had such a rule with respect to hiring male cabin attendants. Despite an EEOC finding of probable cause, in June 1969, that this policy violated Title VII (and despite earlier EEOC findings of probable cause concerning the policy of terminating female cabin attendants when they married), the Company persisted in following this non-hire policy until February, 1971, when it entered into a conciliation agreement with the Minnesota Department of Human Rights to abandon the policy.

  (17) From 1956 until the June 15, 1967 agreement, the Company had a rule forbidding female cabin attendants from flying following their 32nd birthday. It never had such a rule with respect to male cabin attendants. In September 1968, the EEOC, in response to a charge filed in August, 1966, found probable cause to believe that the age 32 policy was a violation of Title VII. Between late March, 1970, and mid-June, 1970, at least 32 stewardesses filed charges with the EEOC alleging that the Company was discriminating on the basis of sex in its treatment of female cabin attendants. On July 14, 1970, the EEOC sent "Notice of Right to Sue" to at least six of these charging parties, all of whom are named plaintiffs in this action.

  40. The diverse types of flight itineraries which the Company operates, or has operated in the past, are described below:

  (a) Pure domestic commercial flights are those regularly scheduled commercial flights which both begin and end in the United States, and do not continue on to the Orient.

  (b) Domestic segments of international commercial flights. Since 1959, most of the Company's transpacific flights have originated in one U.S. city (generally on the East Coast), fly to the West Coast of the United States, and then go on to the Orient. Such flights return from the Orient to the West Coast, and then go on to the East Coast. Those portions of such flights which both begin and end in the United States are referred to as "domestic segments of international flights" or "domestic segments."

  (c) Transpacific commercial flights. The Company has flown regularly scheduled transpacific commercial flights between Anchorage and Tokyo since 1947, between Seattle and Tokyo since the early 1950's, and between Honolulu and Tokyo since August, 1969.

  (d) Commercial interport flights are those regularly scheduled flights between Tokyo and the other Asian cities serviced by the Company (presently Osaka, Okinawa, Seoul, Taipei, Manila and Hong Kong).

  (e) Military Air Charter (MAC) flights. For many years the Company has contracted with the U.S. Government to provide regularly scheduled military air charter flights between various cities and/or military bases. Such service has included pure domestic, domestic segment, transpacific, and interport flights. In addition from 1963 through June 1970 the Company provided MAC flights between Hawaii and several military bases in the Coral Islands in the Pacific.

  (f) Commercial charter flights. In addition to its regularly scheduled flights, the Company frequently enters into agreements to provide commercial charter flights. Such service has included pure domestic, domestic segment, transpacific, and interport flights.

  41. The diverse flight itineraries described above have been manned by cabin attendants in various manners. Some of the Company's flights are scheduled to be flown exclusively by stewardesses and FSA's. Some are scheduled to be flown by one purser and the rest stewardesses and FSA's. Some have been scheduled to be flown by more than one purser. Purser utilization on these various types of flights is described below:

  (a) In general, pure domestic commercial flights have always been scheduled to be flown exclusively by stewardesses and FSA's. The major exceptions where pursers have been used are listed below:

  

(1) Between 1949 and 1954, the Company regularly scheduled a purser on each of its flights between Seattle and Honolulu, and in recent years pursers intermittently have been scheduled on such flights; also, throughout 1970 pursers were regularly scheduled on certain pure domestic flights between Seattle and Honolulu.

  

(2) Throughout 1970, in an effort to enhance its service and competitive position the Company regularly scheduled a purser on its flights from Honolulu to Chicago and New York and return.

  

(3) At various times, in order to "position" pursers or to have pursers work while "dead heading", the Company regularly has scheduled pursers on some or all of its flights between Seattle and Anchorage.

  

(4) In emergency situations in which there is a shortage of available cabin attendants, due to illness, strikes, special holiday or weekend plans, or other factors, the Company has utilized reserve pursers, pursers on "time available," and pursers volunteering for overtime assignments on pure domestic flights which normally do not utilize pursers.

  (b) From 1959 through 1970, the Company regularly scheduled one purser to each domestic segment of an international flight. The itineraries flown by pursers on domestic segments, and the periods during which pursers were regularly scheduled on such itineraries, were as follows:

  

(1) June, 1959 -- July, 1970: from Anchorage to either New York or Washington, D.C. (with intermediate stops), and return.

  

(2) 1960 -- December, 1970: Seattle to New York (with intermediate stops), and return.

  

(3) Approximately 1968 or 1969 -- mid 1970: Seattle to Philadelphia (with intermediate stops), and return.

  

(4) August 1, 1969 -- December, 1970: San Francisco and Los Angeles to Honolulu and return.

  (c) One purser normally has been scheduled at all times to fly on each transpacific commercial flight.

  (d) From 1947 to 1952, the Company's interport flights were manned with one American purser, as well as one American stewardess. From 1952 to 1957 no American cabin attendants flew on interport flights; they were manned exclusively by Asian cabin attendants based in Tokyo. Since 1957, one American purser normally has been scheduled on each interport flight, with the rest of the crew consisting of Asian cabin attendants.

  (e) The Company always has scheduled at least one purser on each MAC flight, whether it be pure domestic, a domestic segment, transpacific or interport. Purser utilization on the Coral Island MAC flights (and the pure domestic MAC flights between Hawaii and California) is described in (f) below.

  (f) From the inception of the Coral Island MAC flights (and the pure domestic MAC flights between Hawaii and California) in 1963 until October, 1969, at least one, and often two pursers were assigned to each flight. From October, 1969 until June, 1970, (when the Company lost its contract for such flights), the entire 3 to 5 member cabin attendant crews on such flights consisted solely of pursers. From 1963 until June 1970, a small group of pursers and FSA's were based in Honolulu to fly the Coral Islands military flights. In addition, for reasons of both economics and expedience, these individuals were used to fly on the military charter flights between Hawaii and California. The very small size of the Honolulu base presented special scheduling problems, even on a regular basis but particularly in emergency situations, and thus more than one purser may have worked on given flights. This was especially true from October 1969 until June 1970, as a result of the fact that all FSA's at the Honolulu base were upgraded to purser for reasons of economics, expedience and relations with NWA's military contract customers. However, paying more than one individual as a purser, pursuant to its established policy, still was less costly than increasing the number of cabin attendants based at Honolulu with resulting underutilization of their time and the payment of special monthly station allowances.

  (g) A purser normally has been scheduled on all transpacific and interport commercial charter flights, on all domestic segments of international charter flights (until December, 1970), and, occasionally, on pure domestic charter flights. NWA does so only if it receives a specific request from the charter group for a purser or supervisory individual, or on those special occasions when (1) pursers are the only ones available to take the flights, or (2) the positioning of pursers for other flights makes it both economic and expedient to have them fly the domestic charters.

  42. The Company mans its international flights such that a particular cabin attendant crew (including the purser if one is aboard) flies only one segment of a flight. Thus, one crew will fly the domestic segment, another the transpacific leg, and a third the interport portion. NWA has maintained cabin attendant bases at the following cities during the designated periods: Seattle (at least 1947 to date); Minneapolis-St. Paul (at least 1947 to date); Honolulu (1963 to September, 1971); and Washington, D.C. (approximately 1960 to September, 1971). Pursers have been (or were) based in Seattle from 1947 to date, in Minneapolis-St. Paul from 1947 to 1962, in Washington, D.C. from June 1969 to July, 1970, and in Honolulu from 1963 to September, 1971. Stewardesses have been (or were) based in Seattle and Minneapolis-St. Paul from at least 1947 to date, and in Washington, D.C. during the entire period that base was open. NWA also maintains cabin attendant bases in the Orient, at which are assigned all of the Asian cabin attendants who fly on the interport flights.

  43. Each month, the Company constructs cabin attendant schedules, representing the itinerary to be flown by a cabin attendant during that month. Separate schedules are constructed for each cabin attendant base. At each base, separate schedules are constructed for pursers and for non-pursers (i.e., stewardesses and FSA's). The employees in each classification bid for schedules at their base in order of their seniority. Generally, purser schedules are (or have been) constructed such that all of an individual's flights in a given month will be of the same type, i.e., all MAC, all domestic segments, all pure domestic, all transpacific, or all interport (plus transpacific).

  44. The Company sought and obtained a provision in the 1967 collective bargaining agreement, entitling it to assign "foreign national" (Asian) stewardesses to the Seattle base irrespective of seniority, and to assign one foreign national stewardess to each transpacific flight irrespective of seniority. (The 1970 agreement changed the phrase "foreign national stewardess" to "stewardess proficient in the Japanese, Korean or Chinese language.") The Company desired to have foreign nationals on its transpacific flights: (a) to have a foreign language proficiency on the flight, (b) to improve the Company's relations with the Asian Governments with which it has to deal, and (c) to attract Asian passengers. Separate monthly flight schedules are constructed for foreign national stewardesses, designed to place one foreign national on each transpacific flight. Foreign nationals are permitted to bid and fly only on these separate schedules. Foreign national stewardesses, who are covered by the collective bargaining agreement, receive the same salaries as other stewardesses of equal seniority, despite their language proficiency and the restricted schedules which they are permitted to bid.

  45. The Company and ALSSA engaged in negotiations in 1969 and 1970 which culminated in the March 1, 1970, collective bargaining agreement. In these negotiations, ALSSA proposed that stewardesses be allowed to progress to purser vacancies in seniority order; that stewardesses who become pursers be credited with their full cabin attendant seniority; and that stewardesses who become pursers be slotted into the purser pay scale on the basis of their total cabin attendant seniority. The Company refused to agree to any of ALSSA's proposals. Its chief negotiator stated that the Company "prefers males and intends to have them" and that the Company "wants men because of their leadership ability." The highest ranking female employed by the Company in any capacity is a reservations supervisor. There are 200 to 300 men employed at levels above this highest ranking female. 46. On most of the Company's commercial flights, service is offered in two categories: first class and tourist class. The first class and tourist class capacities of the various planes presently used by the Company are as follows: First Tourist Class Class Total Plane Passengers Passengers Passengers 727-100 24 69 93 727-200 26 96 122 720B 16 93 109 707-320B 22 118 140 707-320C 22 120 142 747 58 304 362

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