The opinion of the court was delivered by: PARKER
This matter arises under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII) and is another chapter in the ongoing litigation in which the United States Government Printing Office (GPO) is charged with racial discrimination in its Offset Press Section (OPS).
On June 17, 1977, the Government Printing Office issued a Merit Promotion Announcement with respect to four vacant Offset Pressmen positions in the Offset Press Section. The announcement limited the area of consideration to qualified journeyman Letterpressmen employed at GPO. Immediately thereafter the plaintiffs filed a motion for preliminary injunction seeking to enjoin GPO from filling these vacancies "unless such vacancies are filled either by members of the plaintiff class or on a temporary basis, pending entry of a final remedial order in this action."
The motion for a preliminary injunction came on for hearing on August 18, 1977. The Court has considered the parties' memoranda of points and authorities, the various affidavits, the entire record herein, and the arguments of counsel and concludes that a preliminary injunction should be granted. The following Findings of Fact and Conclusions of Law are entered in accordance with Rule 52, Federal Rules of Civil Procedure.
Plaintiffs in this action are the class of all past, present and future black employees of the Offset Press Section of the GPO. The class includes, however, only those blacks who have been, are now, or will actually be employed within the OPS, and it does not include blacks currently employed in other GPO sections.
On January 12, 1977, this Court granted a motion for summary judgment filed by plaintiffs, holding that the GPO had engaged in illegal racial discrimination in its promotion practices in the OPS in violation of Title VII. McKenzie v. McCormick, 425 F. Supp. 137 (D.D.C. 1977). The decision found that GPO promotion policies and procedures relating to the OPS, including its Letterpress Transfer Program, have had an illegal discriminatory impact upon the plaintiffs. The decision also held that the currently employed black workers of the OPS, as class plaintiffs, are entitled to appropriate relief.
On June 23, 1977, the GPO announced that it intended to fill four (4) vacant journeyman Offset Pressman positions in the OPS pursuant to the Letterpress Transfer Program. The journeyman positions which GPO plans to fill in this manner are among those to which members of the plaintiff class have been discriminatorily denied promotions as a result of GPO's illegal promotion practices. The GPO has also announced that it intends in the near future to fill four (4) uprate Web Pressman positions.
In response to plaintiffs' additional interrogatories, GPO indicated that it has made no changes whatsoever in its promotion practices in the OPS during the pendency of this litigation. GPO has also stated that for the indefinite future it intends to fill all vacancies at journeyman levels in the OPS through the Letterpress Transfer Program. If allowed to continue operation of the Letterpress Transfer Program, few, if any, journeyman positions will be available to OPS employees for a substantial period of time.
The GPO is unwilling to postpone, pending final relief, the transfer to the OPS of four (4) employees of the Letterpress Section, despite the fact that this Court already has held that this policy violates plaintiffs' Title VII rights. Plaintiffs seek a preliminary injunction restraining defendant, pending entry of a final order in this action, from filling any vacancies in journeyman or supervisory positions within the OPS unless such vacancies are filled either by members of the plaintiff class or on a temporary basis. They further seek to restrain defendant from giving preference to persons filling such positions on a temporary basis when these vacancies ultimately are filled permanently.
Defendants have not shown that filling vacancies on a temporary basis pending final relief in this action will impair the production capacity of the OPS. Filling journeyman positions within the OPS with Offset Press Assistants with three (3) or more years experience in that position and providing such Offset Press Assistants with on-the-job training likewise will not materially impair the production capacity of the OPS.
1. Plaintiffs have demonstrated that they are entitled to interim injunctive relief. See Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977) and Virginia Petroleum Jobbers Assn. v. ...