the GPO. The applicant must acquire a passing score on the Civil Service Commission examination and possess an above average work and leave record. The worker at the GPO is selected on the basis of a supervisor's evaluation, his leave records, and Civil Service score. The Letterpress Transfer Program involves a transfer of pressmen working on cylinder presses in the Letterpress Section into the Offset Press Section. After designated training, the transferred worker becomes a full fledged Offset Pressman. The Offset Press Assistant Trainee Program was inaugurated in 1966. Initially, six persons (four black and two white) completed a period of training and were promoted to become Offset Pressmen in July of 1970. The original program was designed in two phases: first, a minimum of three years of training to reach the position junior offset press assistant; second, two years of training to become an Offset Press assistant and eligible for advancement to Offset Pressman. The second phase of the program was abolished and program trainees eligible for advancement to the second phase instead became eligible for assignment to the GPO apprenticeship program as advanced offset pressmen apprentices.
The Apprenticeship Program has failed to provide any appreciable opportunity for blacks to become Offset Pressmen. Until 1968, despite the overwhelming percentages of black employees in the printing plant worker category, apprenticeship classes were predominantly white and failed to include a significant number of blacks.
Participation in the Program has not resulted in even a token number of black apprentices becoming Offset Pressmen. From 1968 to 1973, 98 blacks successfully completed the Program but only one was actually assigned to the Offset Press Section. During the same period, 178 white persons graduated from the Apprenticeship Program and 10 were assigned to that Section. During the entire period 1964 through 1971, of the 11 apprentices who attained journeyman status in the Offset Press Section, only one was black.
Blacks also appear to have been totally rejected in the Letterpress Transfer Program. During the period October 1968 through October 1973, 21 persons were transferred from Letterpress to Offset and became journeyman pressman. None was black.
The Apprenticeship and the Letterpress Transfer Programs have included mostly white workers. On the other hand, the Offset Press Assistant Trainee Program, has historically been mostly black. While it has provided some opportunity for black Printing Plant Workers to become Offset Pressmen, it is subordinate to and has not afforded a supply of journeyman pressman as under the Apprenticeship and the Letterpress Programs. Moreover, the persons completing the Apprenticeship Program and those transferring from the Letterpress Section have priority for selection for journeyman positions over trainees who have completed the Offset Press Assistant Trainee Program. Therefore, despite the number of black employees participating in the Trainee Program, they do not have an opportunity to become Offset Pressmen equal to that afforded to whites through the Apprenticeship and Letterpress Transfer Programs.
The sum of the statistical evidence presented to this Court shows that there is a lingering policy of racism in the Offset Press Section and that without remarkable exception, the higher ranking, better paying positions in the OPS are held by whites while blacks are clustered around the lower ranking and poorer paying jobs. The evidence also shows that blacks, who constitute more than 50 percent of the employees in that Section are promoted substantially less frequently than whites.
When racial discrimination is at issue ". . . statistics often tell much, and courts listen. . ." State of Alabama v. United States, 304 F.2d 583, 586 (5th Cir. 1962), aff'd per curiam, 371 U.S. 37, 83 S. Ct. 145, 9 L. Ed. 2d 112 (1962). As recently noted ". . . statistical evidence alone -- showing a disproportionately low number of black employees -- [is] . . . sufficient to support a finding of discrimination. . . ." Equal Employment Opp. Com'n v. Detroit Edison Co., 515 F.2d 301, 313 (6th Cir. 1975). Such evidence is ". . . particularly appropriate in Title VII class actions where it is the aggregate effect of [an employer's] . . . policy on the class which is important. . ." Wetzel v. Liberty Mutual Ins. Co., 508 F.2d 239, 259 (3rd Cir. 1975), cert. denied, 421 U.S. 1011, 44 L. Ed. 2d 679, 95 S. Ct. 2415 (1975).
The GPO does not deny the validity of the data but counters and explains that blacks have not been promoted because they fall short of meeting established eligibility requirements including tests and supervisory ratings. Defendant further points out that fair and timely notice of job vacancies is now the rule; that since 1972 blacks have been members of promotional panels; that there is present a black EEO representative; that since 1971 promotional examinations have been closely monitored; that supervisory evaluations appear to be made on the basis of merit rather than race; and, that since 1973 the GPO has had an Affirmative Action Plan. In short, the defendant denies the existence of racial discrimination and argues that the employment picture for blacks in the OPS has significantly improved and that present policies and procedures have resulted in increased promotion and opportunities for promotion. But the data in this regard are limited and clearly do not reflect any remarkable improvement. In view of the record the Court is not convinced that there has been a radical departure from the past within the Offset Press Section and that racial discrimination has been abated to any appreciable degree.
On [the] basis of the foregoing, this Court concludes that the currently employed black workers of the Offset Press Section of the Government Printing Office, as class plaintiffs, are entitled to appropriate relief. Counsel for the plaintiffs shall prepare and submit a proposed order within 20 days. The order should give consideration and allowance to any changes in the employment pattern and promotional policies affecting black workers during the pendency of this litigation.
The Individual Claims
As to the three named plaintiffs
who claim Title VII violations, the record does not lend itself to resolution by summary judgment. The defendant contends that the failure of each plaintiff to be selected for promotion was a combination of factors and generally a lack of supervisory qualifications and potential. This is sharply disputed by the plaintiffs. They claim that while they were qualified for promotion, that nonetheless, they were rejected. They offer affidavits in support of their positions which the defendant disputes. There are material facts at issue and in dispute with respect to the individual claims. They can and should be presented and resolved at a trial de novo where the plaintiffs and the defendant may present additional testimony and evidence pertinent to the issues and their respective contentions.
As to the class action claim, summary judgment is granted to the plaintiffs and the defendant's cross motion for summary judgment is denied. As to the individual claims, the motion of the plaintiffs for summary judgment and the cross motion of the defendant for summary judgment are denied.