are available when plaintiffs become eligible for them, there is the possibility that the relief fashioned by the Court could not effectively be implemented.
3. Plaintiffs also have demonstrated that the operation of the OPS will not materially be affected if the injunction here sought is granted. GPO has conceded that filling vacancies on a temporary basis pending entry of a final order will not impair the OPS's production capabilities.
4. The public interest lies in favor of the issuance of interim injunctive relief. The GPO's proposed action, unless enjoined, may seriously undermine or delay implementation of any final relief intended to remedy the injuries plaintiffs have suffered from unlawful promotion practices. Interim injunctive relief to preserve the status quo pending final relief serves the public interest.
5. Plaintiffs have demonstrated that they are likely to prevail on the merits of this action. This Court has already held that plaintiffs' Title VII rights to equal employment opportunities have been violated and that they are entitled to appropriate relief. The GPO has not made any changes in its promotion practices and policies for the OPS during the pendency of this litigation. Its announced intention to continue promotion practices and procedures which this Court has already held to violate Title VII certainly presents a serious legal question. Issuing a preliminary injunction is necessary not only to preserve the status quo pending final relief, but also to prevent the plaintiffs from suffering continuing irreparable injury, and to preserve the Court's ability to fashion and effectively enforce an appropriate final order.
6. GPO's announced intention to file a motion for reconsideration of this Court's January 12, 1977, decision does not change the present determination that plaintiffs have demonstrated that their motion for preliminary injunctive relief should be granted. A motion for reconsideration is not now before this Court and what effect, if any, such a motion will have on the course of this litigation is pure speculation. Should this Court at a later date grant a motion for reconsideration, it would entertain a further motion to modify or vacate the injunction issued herewith.
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 436 F. Supp.]
The Court entered Findings of Fact and Conclusions of Law in this proceeding on this date. In accordance therewith, and upon consideration of the motion of class plaintiffs for a preliminary injunction, the opposition thereto, the other submissions of the parties and the oral argument of counsel, it is this 26th day of August, 1977,
Ordered, that defendant in this action be, and hereby is, restrained and enjoined, pending entry of a final order in this action, from filling any vacancies in the Journeyman or Supervisory positions within the Offset Press Section unless such vacancies are filled either by members of the plaintiff class or on a temporary basis; and it is further
Ordered, that defendant in this action be, and hereby is, restrained and enjoined from giving preference to persons filling such positions on a temporary basis when these vacancies ultimately are filled on a permanent basis.
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