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THOMPSON v. BOYLE

UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA


May 20, 1980

Dorothy M. THOMPSON et al., Plaintiffs,
v.
John J. BOYLE, Public Printer, Defendant

The opinion of the court was delivered by: RICHEY

ON ISSUE OF RELIEF

I. Introduction

 This case is before the Court on the issue of relief. On October 1, 1979, the Court issued Findings of Fact and Conclusions of Law in this sex discrimination suit ("opinion"). The specific findings and conclusions of the October 1 opinion are:

 1. The across-the-board separate classification of male Bookbinders and female Journeyman Bindery Workers ("JBWs") is a pattern and practice of discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (1976);

 2. The defendant's requirement that JBWs complete a four-year apprenticeship program before attaining Bookbinder status is a pattern and practice of discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964;

 3. The defendant's rule that only craftsmen may compete for supervisory and Printing Specialist positions constitutes a pattern and practice of discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964; and

 4. Defendant willfully violated the Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d) (1976), by paying higher wages to male Bookbinders than to female grade 4 JBWs for equal work on jobs the performance of which requires equal skill, effort, responsibility and which are performed under similar working conditions.

 The Court must now determine the appropriate relief to which the plaintiff class is entitled. Accordingly, pursuant to Federal Rule of Civil Procedure 52(a), the following supplements the Court's findings of fact and conclusions of law of October 1, 1979.

 II. Permanent Injunctive Relief

 Congress has granted courts plenary equitable powers under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(g) (1976), for constructing appropriate remedies for employment discrimination. Pursuant to the authorization, plaintiffs seek a permanent injunction restraining the defendant from discriminating against the class plaintiffs on the basis of sex in any aspect of employment. In addition, plaintiffs request a provision in the Court's remedial order enjoining defendant from retaliating against any member of the class because of participation in any manner in this litigation. Defendant opposes this proposed injunctive relief arguing that it is unnecessary because defendant intends to comply with the law and plaintiffs' rights are already protected by Title VII and regulations promulgated thereunder.

  The broad injunctive relief requested by plaintiffs is clearly appropriate under the facts of this case. Although injunctive relief is within the discretion of the Court, absent clear and convincing proof of no probability of further noncompliance with the law, a grant of injunctive relief under Title VII is mandatory. James v. Stockham Valves and Fittings Co., 559 F.2d 310, 354 (5th Cir. 1977), cert. denied, 434 U.S. 1034, 98 S. Ct. 767, 54 L. Ed. 2d 781 (1978). Here, the Court cannot discern clear and convincing proof of no probability of further noncompliance with the law.

 Defendant's assertions regarding its future compliance with the law is plainly inadequate to preclude the injunctive relief sought. As the Fourth Circuit has observed: " "(Protestations) or repentance and reform timed to anticipate or to blunt the force of a lawsuit offer insufficient assurance' that the practice sought to be enjoined will not be repeated." Cypress v. Newport News General & Nonsectarian Hospital Ass'n, 375 F.2d 648, 658 (4th Cir. 1967). See also Rowe v. General Motors Corp., 457 F.2d 348, 359 (5th Cir. 1972). Absent an injunction, the defendant is unlikely to examine its overall employment practices and bring them into compliance with applicable law. Accordingly, the permanent injunctive relief sought by plaintiffs shall be granted.

 III. Back Pay

 Plaintiffs have requested the Court to award them back pay under the provisions of Title VII and the Equal Pay Act. Based upon the Court's findings and conclusions, it is clear that plaintiffs are entitled to relief in the form of back pay. However, there is substantial dispute between the parties as to the nature and scope of such an award under Title VII in this case.

 A. Back Pay Under Title VII.

 In authorizing courts under Title VII to grant equitable relief to persons harmed by employment discrimination, Congress included the discretion to award back pay. See 42 U.S.C. § 2000e-5(g) (1976). The provision authorizing back pay included in Title VII was expressly modeled on the similar provision in the National Labor Relations Act, 29 U.S.C. § 160(c) (1976), *fn1" which is "designed to vindicate the public policy of the statute by making the employees whole for losses suffered on account of an unfair labor practice." Nathanson v. NLRB, 344 U.S. 25, 27, 73 S. Ct. 80, 82, 97 L. Ed. 23 (1952). Under Title VII, the injured workers must be restored to the economic position which they would have occupied but for the discrimination their "rightful place." Thus, back pay is compensatory in nature and necessary in order to grant full relief in employment suits. See Pettway v. American Cast Iron Pipe Co., 494 F.2d 211, 251-52 (5th Cir. 1974), cert. denied, 439 U.S. 1115, 99 S. Ct. 1020, 59 L. Ed. 2d 74 (1979).

 Once a court has determined that a plaintiff or complaining class has sustained economic loss from a discriminatory employment practice, a presumption in favor of back pay arises, and any denial must be well supported. Albemarle Paper Co. v. Moody, 422 U.S. 405, 421, 95 S. Ct. 2362, 2373, 45 L. Ed. 2d 280 (1975); Laffey v. Northwest Airlines, Inc., 185 U.S. App. D.C. 322, 567 F.2d 429, 470 (D.C.Cir.1976), cert. denied, 434 U.S. 1086, 98 S. Ct. 1281, 55 L. Ed. 2d 792 (1978). With these considerations in mind, the Court now focuses on the particular equities presented by the case at bar.

 Defendant has maintained a job classification system whereby male Bookbinders are classified as "Craft" employees and female JBWs (all grades) are classified as "Non-craft" employees. For the reasons stated below, the Court found this separate classification system discriminatory in violation of Title VII of the Civil Rights Act of 1964. The Court's findings were based upon credible and persuasive evidence indicating the various JBW and Bookbinder positions are sufficiently similar in content and working conditions as to make "the across-the-board" separation of the Bookbinder and JBW operations unjustified. Opinion at 1154, 1159.

  Defendant's requirement that JBWs complete a four-year apprenticeship before attaining the "Craft" classification or status was also found discriminatory in violation of Title VII. The apprenticeship was found to be virtually unobtainable for females and unnecessary to the function of the "Craft" employees. Id. at 1159, 1160. It was the Court's conclusion that the apprenticeship program and the GPO classification system operate together to effectively eliminate any advancement opportunities for female JBWs within the GPO Bindery. Id. at 1159. Furthermore, defendant's rule that only "Craftsmen" may compete for supervisory and Printing Specialist positions was found by the Court to be a pattern and practice of discrimination on the basis of sex in violation of Title VII. Id. at 1165. As can be seen, the opportunity for JBWs to advance within the GPO Bindery was effectively precluded by defendant's practices.

 The Court's final finding was with respect to the plaintiffs' allegations under the Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d)(1) (1976). On the basis of compelling evidence illustrating that jobs of individual plaintiffs at the grade 4 JBW level and jobs of individual Bookbinders are substantially equal in job content, skill, effort, responsibility and working conditions, the Court found that the defendant violated the Equal Pay Act by paying higher wages to male Bookbinders than to female grade 4 JBWs. Id. at 1167.

 Plaintiffs now contend the Court's finding regarding the separate classification system maintained by defendant unequivocally supports the conclusion that JBWs of all grades should have been within the same job classification and been paid the same wage as Bookbinders during the relevant time period. This is so, plaintiffs contend, because the Court's finding mandates a single classification of jobs, and since all Bookbinders are paid the same wage, all employees within the single classification should be paid an equal wage.

 Defendant vigorously opposed such a conclusion. Defendant correctly indicates that the Court found that defendant violated the Equal Pay Act with respect to only 28 grade 4 JBWs. As to the remainder of the plaintiff class, the Court did not find that the grades 2, 3 and 5 JBWs were entitled to equal pay with that of Bookbinders. Defendant submits that the Court's finding that the class has been deprived of its rights under Title VII in terms of access to "Craft" and supervisory positions is not in contradiction with a finding that only grade 4 JBWs should have received equal wages with Bookbinders.

 The Court is not prepared to conclude that the elimination of the disparate advancement opportunities, resulting in part from the separate classification of JBW and Bookbinder positions, mandates the imposition of equal wages for all of the various positions. The distinction between "Craft" and "Non-craft" employees on its face does not offend Title VII in the context of this case. Rather, it is the foreclosure of advancement opportunities to JBWs resulting from the separate classification system and the apprenticeship program operating together which cannot withstand Title VII scrutiny. Compensation for the economic loss caused by this foreclosure simply does not entail the imposition of equal wages for JBWs and Bookbinders. The Court specifically found that JBW grades 2, 3 and 5 were not entitled to wages equal to those earned by Bookbinders because plaintiffs had failed to prove substantial equality of the various positions. Id. To equate the wages of all JBWs with the wages of all Bookbinders is not supportable by the Court's findings and conclusions with regard to the defendant's Title VII liability. Accordingly, the portion of the back pay requested by plaintiffs seeking to equalize the wages paid to grades 2, 3 and 5 JBWs with those paid to Bookbinders during the relevant recovery period is not justified and shall be denied.

 1. Back Pay for Discriminatory Denial of Promotions.

 As a result of the defendant's discriminatory practices enumerated above, plaintiffs have been unlawfully denied the equal opportunity to advance within the GPO Bindery. Members of the class have been effectively precluded from advancing to Bookbinder positions, supervisory positions and Printing Specialist positions (hereinafter referred to collectively as "promotion positions"). It is beyond dispute that such a preclusion resulted in economic loss to plaintiffs: all of the promotion positions were and are higher paying than the JBW positions in which plaintiffs have been effectively frozen. The economic loss suffered by the plaintiffs is the loss associated with the denial of equal opportunity for advancement within the GPO Bindery. Clearly, plaintiffs are entitled to be compensated for this loss. Pettway v. American Cast Iron Pipe Co., supra.

 An appropriate approach to the determination of the relief to which plaintiffs are entitled as a result of the foreclosure of advancement opportunities is not easily defined. As the Fifth Circuit has observed:

 

The method of calculating a class-wide back pay award must not be rigid. This results from the impossibility of calculating the precise amount of back pay. There is no way of determining which jobs the class members would have bid on and have obtained if discriminatory testing, seniority, posting and bidding system, and apprentice and on-the-job training programs had not been in existence. Class members outnumber promotion vacancies; jobs have become available only over a period of time; the vacancies enjoy different pay rates; and a determination of who was entitled to the vacancy would have to be determined on a judgment of seniority and ability at that time. This process creates a quagmire of hypothetical judgments. Johnson v. Goodyear Tire and Rubber Co., supra, 491 F.2d 1364 at 1379 (5th Cir.).

 Pettway v. American Cast Iron Pipe Co., supra at 260. The Court in Pettway further stated, however, that "(i)t does not follow that back pay claims based on promotions cannot be awarded." Id.

 Because it is practically impossible to determine which class members would have been promoted absent discrimination, a formula approach to back pay is indicated. The loss to plaintiffs should be measured, in terms of back pay, by the wages they would have received collectively had they obtained promotions absent discrimination. While arriving at this measure is not a simple task, it can be accomplished by reconstructing the promotions that actually took place during the relevant time period and attributing to plaintiffs a share of those promotions for purposes of back pay. A similar approach has been discussed and approved by the Fifth Circuit in Pettway :

 

Another method of computation can be categorized as a formula of comparability or representative employee earnings formula. Approximations are based on a group of employees, not injured by the discrimination, comparable in size, ability, and length of employment such as "adjacent persons on the seniority list or the average job progress of persons with similar seniority" to the class of plaintiffs.

 494 F.2d at 262 (footnote omitted). The Fifth Circuit called this a "comparability formula" and explained the operation of a similar formula approach suggested by the Equal Employment Opportunity Commission:

 

In other words, the total award for the entire class would be determined. At that point, individual claims would be calculated on pro rata shares for those workers of similar ability and seniority claiming the position, possibly eliminating the necessity of deciding which one of many employees would have obtained the position but for the discrimination. Claimants dissatisfied with their portion of the award could be allowed to opt out in order to prove that they were entitled to a larger portion. Cf. Fed.R.Civ.P. 23(d)(2); Protective Committee v. Anderson, 390 U.S. 414, 435, n.17, 88 S. Ct. 1157, 1169 n.17, 20 L. Ed. 2d 1 (1968).

 494 F.2d at 263 n.154. See also United States v. United States Steel Corp., 520 F.2d 1043, 1055-56 (5th Cir. 1975), cert. denied, 429 U.S. 817, 97 S. Ct. 61, 50 L. Ed. 2d 77 (1976).

  The formula approach employed in the Court's remedial order will attribute 50% of all promotion positions filled in the relevant recovery period to the plaintiff class. An exact percentage share of the promotions to which plaintiffs are entitled is not determinable. However, unrealistic exactitude is not required and uncertainties in determining what an employee would have received in terms of promotions, but for the discrimination, should be resolved against the discriminating employer. Pettway, supra at 260-61. The applicant pool from which the various Bookbinder, supervisory and Printing Specialist positions should have been selected includes the classifications of JBW (all grades) and Bookbinders. The composition of the combined classifications, as of 1973, is approximately 50% women and 50% men. This percentage will be utilized in the formula to determine the back-pay award to which the plaintiffs are entitled under Title VII.

 Finally, for purposes of clarity and in anticipation of later confusion, the Court reiterates one facet of the scope of this Title VII back pay award: Whether or not an individual plaintiff applied for a promotion position, that member is entitled to share in the relief provided by the formula discussed above. This conclusion is well-supported in the Court's Opinion regarding defendant's Title VII liability. See Opinion at 1161-1163. Furthermore, the prevailing Equal Pay Act plaintiffs are entitled to relief under the Equal Pay Act as well as Title VII so long as they do not receive overlapping relief for the same wrong. Laffey v. Northwest Airlines, Inc., supra at 445.

 B. Back Pay under the Equal Pay Act.

 The Court found that defendant violated the Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d)(1) (1976), by paying higher wages to male Bookbinders than to female grade 4 JBWs for equal work on jobs the performance of which requires equal skill, effort, responsibility and which are performed under similar working conditions. Opinion at 1167. Furthermore, applying the standards established in Laffey v. Northwest Airlines, supra, the Court found defendant's violations of the Equal Pay Act willful. Id.

 The term "prevailing Equal Pay Act plaintiffs" shall refer collectively to the five-named plaintiffs and the 23 other grade 4 JBWs, listed on Exhibit A to the Court's remedial order, who became parties plaintiff with respect to the Equal Pay Act aspects of this lawsuit pursuant to 29 U.S.C. § 216(b). The Court granted judgment to defendant on the Equal Pay Act claims of all JBWs other than grade 4 because plaintiffs failed to prove substantial equality of the Bookbinder positions and the positions of JBW grades 2, 3 and 5. Id. at 1167.

 The prevailing Equal Pay Act plaintiffs are entitled, as a matter of right, to the relief set forth in 29 U.S.C. §§ 216-17: (1) back pay as a result of the initial wage differential; and (2) an amount equal to the back-pay award as liquidated damages; and (3) reasonable attorneys' fees and costs of the action.

 1. Back Pay as a Result of the Initial Wage Differential.

 The prevailing Equal Pay Act plaintiffs are clearly entitled to receive an amount equal to the difference between the wages actually paid them during the relevant time period and the wages which would have been paid them had they been compensated as Bookbinders. The Court's remedial order includes a provision implementing such an award.

 2. Liquidated Damages.

 The standard for awarding liquidated damages under the Equal Pay Act, 29 U.S.C. §§ 216, 260 (1976) was set forth by the Court of Appeals for this Circuit in Laffey v. Northwest Airlines, Inc., supra, 567 F.2d at 464-65:

 

Congress (conferred) the present discretion on the courts to limit or deny liquidated damages if the employer could meet the "substantial burden" of proving that his failure to comply was in good faith and also was predicated on reasonable grounds for a belief that he was in compliance. If the employer cannot convince the court in these respects, an award of liquidated damages remains mandatory. . . .

 (footnotes omitted). Under this standard, an award of liquidated damages to the prevailing Equal Pay Act plaintiffs is mandatory because defendant has failed to satisfy the Court that its failure to comply with the Equal Pay Act was in good faith. Accordingly, a provision awarding liquidated damages in an amount equal to the award of back pay shall be included in the Court's remedial order.

 3. Attorney's Fees and Costs.

 The prevailing Equal Pay Act plaintiffs are entitled to an award of "a reasonable attorney's fee to be paid by the defendant, and costs of the action." 29 U.S.C. § 216(b) (1976). The Court, however, declines to rule on the appropriate amount of the fee and cost award in the absence of a formal petition requesting specific dollar amounts.

 C. The Appropriate Retroactive Recovery Period for Purposes of Back Pay under Title VII and the Equal Pay Act.

 1. Title VII

 The Court must resolve whether the class members are entitled to back pay to remedy any discrimination they might have suffered before March 24, 1972, the date on which Congress gave employees of the federal government the right to sue under Title VII. It is plaintiff's position that pre-March 24, 1972, discrimination may be taken into account for purposes of back pay because (1) the defendant's liability is the result of a "continuing violation" of Title VII, and (2) as a result of the fifth amendment and several executive orders, the federal government was prohibited from discriminating against federal employees on the basis of sex well before Title VII was made applicable to the federal government on March 24, 1972.

 The Equal Employment Opportunity Act of 1972 *fn2" ("1972 Act") created a new § 717(c) for Title VII which permits employees of the federal government who suffer employment discrimination to seek relief in the federal courts. 42 U.S.C. § 2000e-16(c) (1976). As a result, back pay became available to federal employees to compensate them for discriminatory conduct by the federal government. Prior to the 1972 Act, an award of back pay against the federal government was apparently barred by the principle of sovereign immunity:

 

Although an action seeking to enjoin unconstitutional agency conduct would lie (before March 24, 1972), it was doubtful that back pay or other compensatory relief for employment discrimination was available at the time that Congress was considering the 1972 Act.

 Brown v. General Services Administration, 425 U.S. 820, 826, 96 S. Ct. 1961, 1964-1965, 48 L. Ed. 2d 402 (1976) (footnote omitted). The 1972 amendments to Title VII removed the "legal obstacles" that federal employees had faced "in obtaining meaningful remedies," including back pay, for acts of employment discrimination. H.R.Rep.No. 92-238, 92d Cong., 2d Sess. 25, reprinted in (1972) U.S.Code Cong. & Admin.News, pp. 2137, 2160.

 Several courts have held that § 717(c) of Title VII may be applied retroactively where the complaint was pending administratively or judicially on the effective date of the 1972 amendments. Womack v. Lynn, 164 U.S. App. D.C. 198, 504 F.2d 267 (D.C.Cir.1974); Mahroom v. Hook, 563 F.2d 1369, 1373 (9th Cir. 1977), cert. denied, 436 U.S. 904, 98 S. Ct. 2234, 56 L. Ed. 2d 402 (1978); Eastland v. Tennessee Valley Authority, 553 F.2d 364, 367 (5th Cir.), cert. denied, 434 U.S. 985, 98 S. Ct. 611, 54 L. Ed. 2d 479 (1977); Weahkee v. Powell, 532 F.2d 727, 729 (10th Cir. 1976); Adams v. Brinegar, 521 F.2d 129, 133-34 (7th Cir. 1975); Koger v. Ball, 497 F.2d 702, 704 (4th Cir. 1974). The rationale of these decisions is that, because a federal employee's right to be free from discrimination had existed before the passage of the 1972 Act, § 717(c) did not create a new substantive right, but rather provided a new remedy for enforcing an existing right. Retroactive application of § 717(c) to pending claims was justified by the common-law principle that "(procedural) statutes that affect remedies are generally applicable to cases pending at the time of enactment." Koger v. Ball, supra at 706 (footnote omitted); Womack v. Lynn, supra at 269. Of course, since plaintiffs did not file their administrative complaint alleging patterns and practices of discrimination against the class until May 25, 1973, they are not within the ambit of the rule enunciated above. The Court is not persuaded, however, that the authority cited above suggests that the 1972 Act may be applied retroactively only to cases pending on the effective date of the Act. At least one court has squarely rejected such a suggestion:

 

We perceive no distinction between those cases in which the illegal conduct had occurred prior to the enactment of the 1972 amendment where there was already pending a claim based upon such conduct and a case like the one we are concerned with, where the claim had not yet been filed . . . . Laurel (v. United States, 547 F.2d 917 (5th Cir. 1977)), holds that the 1972 Amendments do apply to a claim of pre-Amendment discrimination where that claim was administratively filed several months after the Amendment became effective.

 Huntley v. HEW, 550 F.2d 290, 295-96 (5th Cir. 1977).

 The Court can perceive no material distinction between cases involving the retroactive application of the 1972 Act to pending claims and cases like the one at bar, involving claims of pre-Act discrimination filed after March 24, 1972. The rationale supporting retroactive application to pending claims applies with equal force to suits filed after the effective date of the Act involving claims of pre-Act discrimination. Federal employees enjoyed the right to be free from employment discrimination long before passage of the 1972 Act. *fn3" When Congress added a judicial remedy and authorized awards of back pay in 1972, it was not creating new rights in federal employees, but rather was affording them more effective remedies for redress of violations of preexisting rights. As the court in Chewning v. Schlesinger, 471 F. Supp. 767, 774 (D.D.C.1979), observed:

 

To exclude the effects of pre-Act discrimination from the computation of back pay in the present case would frustrate the remedial purposes of the 1972 amendments by impairing the ability of the class members to vindicate fully their long-established right to be free from employment discrimination.

 (footnote omitted).

 The defendant vigorously opposes such a conclusion, arguing that under no circumstances should back pay be awarded for discriminatory conduct occurring earlier than March 14, 1972, the date sovereign immunity was waived and GPO employees were granted the right to sue under Title VII. Essentially, defendant submits that because the terms of the 1972 Act are silent on the issue of the government's liability in damages for pre-Act discrimination, full retroactive application of § 717(c) would offend the rule of strict construction followed in waivers of sovereign immunity. *fn4" In rejecting a similar argument made in Chewning v. Schlesinger, supra, the court persuasively stated:

 

This attempt to constrict the scope of the waiver intended by Congress is directly at odds with the principle that remedial statutes, including those expressly involving the government, should be construed liberally. In rejecting the contention that the 1972 Act only waived sovereign immunity prospectively, one court stated that "(i)t is a well settled rule of construction that "a remedial statute shall be so construed as to make it effect its evident purpose and if the reason of the statute extends to past transactions, as well as to those in the future, then it will be so applied.' " Henderson v. Defense Contract Administration Services, 370 F. Supp. 180, 183 (S.D.N.Y.1973) (quoting Walker v. Kleindienst, 357 F. Supp. 749, 751 (D.D.C.1973)).

 471 F. Supp. at 774 (footnotes omitted). As was noted in Chewning, id. at 775, because Congress was aware of the rule favoring retroactive application of remedial statutes, it accords fully with the congressional waiver of immunity to award federal employees back-pay relief for the effects of the pre-Act discrimination. See also Koger v. Ball, supra at 708-09. Accordingly, in determining the back-pay award pursuant to the "rightful place" formula included in the Court's remedial order, the effects of continuing pre-Act discrimination may be considered. This manner of computing back pay is consistent with the "make whole" purposes of Title VII and will restore the plaintiffs to the economic positions in which they would have been absent discriminatory denial of promotion opportunities. See Verzosa v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 589 F.2d 974 (9th Cir. 1978); Miller v. Miami Prefabricators, Inc., 438 F. Supp. 176, 180-82 (S.D.Fla.1977). The appropriate starting date for consideration of pre-Act discriminatory conduct by the GPO remains to be addressed.

 The declaration of antidiscrimination contained in 42 U.S.C. § 2000e-16(a) (1976) is as broad as the policies mandated by the series of executive orders, beginning in 1965, in which the President required compliance by federal agencies with the policy of nondiscrimination stated in the Civil Rights Act of 1964, Pub.L. No. 88-352, § 701(b), 78 Stat. 241. Exec. Order No. 11246, 30 Fed.Reg. 12319 (1965); Exec. Order No. 11375, 32 Fed.Reg. 14303 (1967); Exec. Order No. 11478, 34 Fed.Reg. 12985 (1969) (superseding parts of Exec. Order Nos. 11246, 11375); Exec. Order No. 11590, 36 Fed.Reg. 7831 (1971) (amending Exec. Order No. 11478). See Morton v. Mancari, 417 U.S. 535, 549, 94 S. Ct. 2474, 2482, 41 L. Ed. 2d 290 (1974). The presidential mandate was not made expressly applicable to the Government Printing Office until August 8, 1969, the date of Executive Order No. 11478, 34 Fed.Reg. 12985 (1969). Because August 8, 1969, was the promulgation date of the first antidiscrimination executive order applicable to the GPO and codified in the 1972 Act, this date will be utilized as the starting point in computing the Title VII back-pay award to which the plaintiffs are entitled as a result of the defendant's continual discriminatory conduct. A provision in accordance with the foregoing will be included in the Court's remedial order.

 2. The Equal Pay Act

 Because the Court found defendant's violations of the Equal Pay Act willful, there is a three-year period of limitations for recovery. 29 U.S.C. § 255(a) (1976); Laffey v. Northwest Airlines, Inc., supra at 458. With respect to all of the prevailing Equal Pay Act plaintiffs save one, a portion of the three-year period extends prior to May 1, 1974, the effective date of the amendments to 29 U.S.C. § 203, which included the defendant within the definition of an employer. *fn5" Plaintiffs submit that the reasoning adopted by the Court in considering the retroactivity of the 1972 amendments to Title VII also supports the conclusion that the recovery period under the Equal Pay Act may extend prior to May 1, 1974. Defendant finds the analysis required by the two statutes distinguishable because, it contends, the 1974 amendments to the Equal Pay Act created new substantive rights for federal employees while the 1972 amendments of Title VII merely created new remedies. The Court concludes that the 1974 amendments to the Equal Pay Act created new remedies for preexisting rights and therefore will allow retroactive application thereof in the case at bar.

 The Court of Appeals of this Circuit, while not addressing the specific issue confronting the Court, has observed that "the Equal Pay Act, and the Fair Labor Standards Act of which the former is a part, undoubtedly are remedial statutes, as such to be liberally construed in favor of their intended beneficiaries," Laffey v. Northwest Airlines, Inc., id. at 461 (footnote omitted). Every violation of the Equal Pay Act is also a violation of Title VII. It seems clear that the 1974 amendment to the Equal Pay Act simply made available to plaintiffs whose claims meet the strict requirements of 29 U.S.C. § 206(d) (1976) automatic back wages, the potential for liquidated damages and a three-year statute of limitations for willful violations. The rights protected by the Equal Pay Act are preexisting rights also protected under Title VII. The 1974 amendments to the Equal Pay Act merely augmented the remedies available to federal employees confronted with employment discrimination. As a remedial statute, the 1974 amendment must be construed liberally to effect its evident purpose. Id. at 461. The Court concludes that restricting the scope of recovery in the instant case to 1974 offends the remedial purpose of the amendment and does not comport with the rule of liberal construction enunciated above. Accordingly, the prevailing Equal Pay Act plaintiffs, listed in Exhibit A to the Court's remedial order, must be allowed to recover back pay for the period of three years prior to the date they respectfully filed their consents pursuant to 29 U.S.C. § 216(b) (1976). A provision in accordance with the foregoing will be included in the Court's remedial order.

 D. Front Pay Under Title VII.

 Imposition of a front-pay obligation in the instant case is appropriate because of the effective foreclosure to the class of advancement opportunities within the GPO Bindery. Such an award is necessary to restore the economic loss members of the class will continue to suffer until they attain their rightful place pursuant to provisions of the Court's remedial order. The front-pay provision included in the Court's order will operate on the same basic formula utilized in the back-pay provision under Title VII. Such an approach was approved by the Fourth Circuit in Patterson v. American Tobacco Co., 535 F.2d 257, 269 (4th Cir.), cert. denied, 429 U.S. 920, 97 S. Ct. 314, 50 L. Ed. 2d 286, 97 S. Ct. 315 (1976). See also James v. Stockham Valves, supra at 358; Chewning v. Schlesinger, supra at 776.

 E. Equalization of Wages Under the Equal Pay Act.

 Beginning with the date of this memorandum opinion and accompanying order, defendant shall pay all JBW grade 4 employees the wages prescribed in the then-current Bookbinder pay scale. Such employees shall be entitled to all the rights and benefits associated with the position of Bookbinder, and the status of "Craft" employee, without limitation. A provision in accordance with the foregoing shall be included in the Court's remedial order.

 F. Appointment of a Special Master.

 The Court has decided to appoint a special master pursuant to Federal Rule of Civil Procedure 53. The duties of the special master are set forth in the accompanying remedial order. Generally, the special master will supervise the implementation of the relief awarded to the class pursuant to the remedial order.

 G. Necessity of Joining Union Locals.

 Defendant has indicated its opinion that it is necessary to join as parties to this action the two union locals which represent JBWs and Journeyman Bookbinders. Defendant submits that because of the labor-management contracts between the GPO and these locals, it is necessary to join the locals before the Court issues its remedial order in this case. Without such joinder, defendant argues, defendant would be subject to conflicting obligations imposed by the existing contracts and the Court's remedial order. Plaintiffs oppose this argument, stating that it is not necessary to join the locals for the Court to fashion the appropriate relief and that defendant will not be exposed to conflicting obligations without joinder. Because the Court views defendant's contentions regarding the potentiality of conflicting obligations as speculative, the Court finds it unnecessary to join the two locals at this late stage in the proceedings. The Court is confident that any problems defendant will encounter as a result of the Court's remedial order and the labor-management contracts between defendant and the locals can be resolved by good faith negotiation with the two locals involved. In the unlikely event that genuine conflicts in defendant's obligations under the remedial order and the contracts do arise, and, negotiation with the locals fails to resolve them, defendant may bring any such conflicts to the attention of the special master and, if necessary, the Court.

 ORDER

 Upon consideration of the entire record herein and, in accordance with the Memorandum Opinion and Order of October 1, 1979, and the Memorandum Opinion of even date herewith, it is, by the Court, this 20 day of May, 1980,

 ORDERED,

 I. DEFINITIONS

 (1) The term "Title VII class plaintiff(s)" shall refer, collectively, to all female Journeyman Bindery Workers ("JBWs") employed by the Binding Division of the Government Printing Office (GPO) at any time on or after May 25, 1973;

 (2) The term "prevailing Equal Pay Act plaintiff(s)" shall refer, collectively, to the five-named plaintiffs and to the 23 other Wage Board Grade 4 JBWs listed on Exhibit A who became parties plaintiff with respect to the Equal Pay Act aspects of this lawsuit pursuant to 29 U.S.C. § 216(b) (1976);

 (3) The term "Equal Pay Act recovery period" shall refer, for each of the prevailing Equal Pay Act plaintiffs, to the period commencing three years prior to the date set opposite each such plaintiff's name on Exhibit A (which is the date on which each such plaintiff consented, pursuant to 29 U.S.C. § 216(b) (1976) to become an Equal Pay Act plaintiff) and ending on the date defendant equalizes wages in accordance with paragraph III of this Order;

 (4) The term "wages" shall refer to compensation for services performed, and shall include shift differentials, overtime, annual leave, sick leave, and workman's compensation; and

 (5) The term "promotion position(s)" shall refer to any position, filed on a temporary or permanent basis, including: Journeyman Bookbinder, Assistant Group Chief, Group Chief, Assistant Foreman, Foreman, Assistant Superintendent, Controller, Locator, and Bindery Printing Specialist. Such term shall also refer to any Printing Specialist position outside the Bindery which at any time was filled by a person who was formerly a Journeyman Bookbinder.

 II. GENERAL INJUNCTION

 It is

 FURTHER ORDERED, that the defendant (the Government Printing Office and Public Printer), its officials, agents, employees, successors and all persons or organizations in active concert or participation with it, hereby are permanently enjoined and restrained from discriminating in any aspect of employment against the class plaintiffs on the basis of sex and from failing or refusing to implement fully, or to participate and cooperate in the implementation of, the provisions set forth in this Order; and it is

 FURTHER ORDERED, that no person shall be retaliated against or discriminated against by defendant, its officials, agents, employees and successors because that person has opposed any practice of defendant challenged in this lawsuit, because that person is a member of the plaintiff class or because he or she has made a charge, testified, assisted or participated in any manner in any stage of the investigation, proceeding or hearing of this case; and it is

 FURTHER ORDERED, that it shall be a violation of this Order for defendant, its officials, agents, employees, and successors to deny, deprive or attempt to deny or deprive, any member of the plaintiff class a right or benefit to which she is entitled by the terms and provisions of this Order.

 III. EQUALIZATION OF WAGES

 It is

  FURTHER ORDERED, that beginning with the date of this Order, defendant shall pay all JBW Grade 4 employees the wages prescribed in the then-current Journeyman Bookbinder pay scale (base pay and overtime, if any). Such employees shall be entitled to all the rights and benefits associated with the position of Journeyman Bookbinder, and the status of "Craft" employee, without limitation; and it is

 FURTHER ORDERED, that beginning with the date of this Order, any pension payment made to any JBW grade 4 shall be computed as though said employee had been classified and paid as a Journeyman Bookbinder from May 25, 1971, or the date of her employment, whichever is later; and it is

  FURTHER ORDERED, that defendant shall not reduce the wage rate of any employee in order 1) to accomplish the equalization of wages required by this Order, or 2) otherwise to comply with the provisions of 29 U.S.C. § 206(d) (1976).

  IV. INJUNCTION AGAINST FUTURE DISCRIMINATION

  It is

  FURTHER ORDERED, that defendant shall not discriminate on the basis of sex among employees in the GPO Bindery by paying wages to members of one sex at a rate less than that paid to members of the opposite sex for work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions; and it is

  FURTHER ORDERED, that defendant shall not discriminate on the basis of sex in the filling of any promotion position (as defined in this Order) in the Bindery Division, nor shall defendant perpetuate the effects of past discrimination by according a preference to Journeyman Bookbinders over JBWs; and it is

  FURTHER ORDERED, that the defendant shall permit JBWs the same opportunities, traditionally afforded to Journeyman Bookbinders, to train on Bookbinder jobs; and it is

  FURTHER ORDERED, that defendant shall not hire or reassign any individual from outside the Bindery or appoint any apprentice to fill any position in the Bookbinder classification until all JBWs, on the basis of their seniority as a JBW, have been afforded an opportunity to bid and train on such position. In all cases, the training required for such position shall be the minimum time required for the JBW to become proficient in such position consistent with safety and efficiency. Any dispute as to the minimum time required for training shall be resolved by the special master; and it is

  FURTHER ORDERED, that as of the date hereof, the defendant shall follow the same procedures in making work assignments for the jobs performed by the class plaintiffs and for the jobs performed by Journeyman Bookbinders; and it is

  FURTHER ORDERED, that defendant shall establish written, objective job-related hiring criteria, without disparate impact against women, for the filling of all promotion positions (as defined in this Order) and all JBW positions when such positions become available. If the cooperation of the Office of Personnel Management is required to comply with this provision, defendant shall seek such cooperation; and it is

  FURTHER ORDERED, that with respect to recruitment for jobs performed by Journeyman Bookbinders and JBWs and for any training or apprentice program to fill such jobs, all future hiring and appointments shall be done without regard to sex. When such hiring or appointment is to take place, defendant shall take all reasonable steps to insure that adequate notification is given to prospective female applicants of such hiring or appointment. This recruitment shall include, but is not limited to, notifying all offices of any state employment service in the Metropolitan-Washington area and all job information centers maintained by the Office of Personnel Management in the Washington area. If the cooperation of the Office of Personnel Management is required to comply with this provision, defendant shall seek such cooperation; and it is

  FURTHER ORDERED, defendant shall provide training to JBWs for supervisory positions in the same manner such training is currently provided to Journeyman Bookbinders; and it is

  FURTHER ORDERED, that defendant shall hereafter permit JBWs to compete for Printing Specialist positions outside the Bindery without any "Craft" status prerequisite.

  V. MONETARY AWARD TO PREVAILING EQUAL PAY ACT PLAINTIFFS UNDER THE EQUAL PAY ACT AND TITLE VII

  It is

  FURTHER ORDERED, that defendant shall pay to each prevailing Equal Pay Act plaintiff the following monetary amounts:

  (1) For each pay period during her Equal Pay Act recovery period (see I(3), supra ) in which she received wages from defendant for services as a JBW Grade 4, the difference between the wages actually paid her (as defined in this Order) and the wages which would have been paid her had she been compensated as a Journeyman Bookbinder;

  (2) In addition, as liquidated damages, an amount equal to the total payments to be paid her under subparagraph (1) above; and

  (3) For each pay period between May 25, 1971, and the day preceding the commencement of her Equal Pay Act recovery period in which she received wages from defendant as a JBW grade 4, the difference between the wages actually paid her (as defined in this Order) and the wages which would have been paid to her had she been compensated as a Journeyman Bookbinder.

  (4) If she received pension payments between May 25, 1971, and the date on which defendant equalizes wages of grade 4 JBWs pursuant to section III of this Order, the difference between the pension payments made to her and those that would have been made to her had they been computed on the basis of her having been classified and paid the same as a Journeyman Bookbinder from May 25, 1971, or such later date she commenced working as a grade 4 JBW.

  V(A). BACK PAY UNDER TITLE VII FOR WAGE DISCRIMINATION AGAINST GRADE 4 JBW TITLE VII PLAINTIFFS WHO ARE NOT ALSO EQUAL PAY ACT PLAINTIFFS

  (1) For each pay period between May 25, 1971, and the date upon which defendant equalizes wages in accordance with section III of this Order in which she received wages from defendant as a JBW Grade 4 Smyth Sewing Machine Operator, the difference between the wages actually paid to her (as defined in this Order) and the wages which would have been paid her had she been compensated as a Journeyman Bookbinder.

  (2) If she received pension payments at any time between May 25, 1971, and the date upon which defendant equalizes wages of JBW Grade 4s in accordance with section III of this Order, the difference between the pension payments made to her and those which would have been made to her had they been computed on the basis of her having been classified and paid as a Journeyman Bookbinder throughout the period of her employment as a Grade 4 JBW from May 25, 1971.

  VI. BACK PAY UNDER TITLE VII FOR DISCRIMINATION IN MAKING PROMOTIONS

  It is

  FURTHER ORDERED, that with respect to each promotion position (as defined in this Order), each Title VII plaintiff shall be compensated as follows:

  (1) With respect to each pay period between May 25, 1971, and the date hereof in which she received wages from defendant as a JBW, the difference between such wages and the wages she would have received on a pro-rata basis had JBWs filled one-half of all promotion positions (as defined in this Order) commencing August 8, 1969. By way of illustration, if (i) during a particular pay period there were 300 JBWs and 60 promotion positions; and (ii) the total increment for 30 promotion positions (one-half of 60) for that pay period was $ 3,000; then (iii) each JBW would receive $ 10 for that pay period as back pay under this provision. The "promotion positions" referred to herein are the promotion positions, as defined in this Order, which were filled between August 9, 1969, and the last day of the particular pay period for which back pay is being computed under this provision.

  (2) However, Grade 4 JBWs shall participate in payments, pursuant to the back pay award provided for above, only for lost promotional opportunities associated with the promotion positions (as defined in this Order) other than Journeyman Bookbinder.

  (3) If she received pension payments at any time between May 25, 1971, and the date of this Order, the difference between the pension payments made to her and those that would have been made to her had they been computed on the basis of her having received as wages the additional sums provided for in subparagraph VI(1) of this Order.

  VII. FRONT PAY UNDER TITLE VII FOR DISCRIMINATION IN MAKING PROMOTIONS

  It is

  FURTHER ORDERED, that from the date hereof, until the class plaintiffs fill one-half of all promotion positions in the Bindery, for each pay period each Title VII plaintiff remains employed by defendant, she shall receive the difference between her wages and the wages she would have received on a pro-rata basis as if JBWs for that pay period filled one-half of all promotion positions in the Bindery or a proportionate number of such promotion positions, whichever number is lower; provided, however, that no JBW receiving a promotion shall receive compensation under this paragraph after receiving said promotion. It is provided further that, because of the equalization of wages ordered in part III supra, the Grade 4 JBWs shall not receive any compensation under this paragraph.

  VII(A). PENSION PAYMENTS UNDER TITLE VII FOR DISCRIMINATION IN MAKING PROMOTIONS

  It is

  FURTHER ORDERED, that from the date hereof, each Title VII plaintiff's pension payments shall be computed on the basis of her having received as wages the additional sums provided for in sections VI and VII of this Order.

  VIII. FILLING OF PROMOTION POSITIONS WITH JBWs

  It is

  FURTHER ORDERED, that until such time as females hold 50% of all promotion positions in the Bindery, or until such time as defendant puts into effect a procedure satisfactory to plaintiffs acting through their counsel, or if no plan can be devised acceptable to both defendant and plaintiffs, until the Court resolves any dispute as to any appropriate plan, to assure that goals and timetables are established and that females will be permitted to compete for promotion positions in a non-discriminatory fashion, three-fourths of all promotion positions in the Bindery shall be filled with class plaintiffs, to the extent qualified class plaintiffs are available, after being afforded the opportunity to train for the particular position, to fill such positions. In determining which promotion positions shall be filled by class plaintiffs, the first three of every four available promotion positions shall be filled by class plaintiffs. Promotion positions presently held on a temporary basis shall be considered vacant for purposes of this provision. Furthermore, no special preference is to be accorded persons presently holding any promotion position on a temporary basis when these positions ultimately are filled on a permanent basis; and it is

  FURTHER ORDERED, that the final selection of the class plaintiff entitled to each such promotion position shall be made by the special master with the assistance of a promotion panel consisting of three individuals experienced in the field of industrial management and classification analysis in the field of setting standards of pay for work in the federal sector; and it is

  FURTHER ORDERED, that plaintiffs, through counsel, shall nominate one member of the panel; defendant shall nominate one member of the panel; and the special master shall nominate one member of the panel who will serve as chairman of the panel. Provided, however, that the nominations of panel members shall be approved by the Court; and it is

  FURTHER ORDERED, that the special master shall consult with counsel for the parties as to the means and method of payment for the services of the panel members. Absent the parties consent to pay for the panel's services, the special master shall, subject to prior approval of the Court before the panel begins its work, determine any other lawful means of compensation of the panel members; and it is

  FURTHER ORDERED, that in choosing the class plaintiff among various competitors for the promotion position, the special master and the promotion panel shall take into consideration any or all of the following factors which they consider relevant for the particular selection:

  (1) All evidence presented by the applicant which would establish her "rightful place" in the Bindery supervisory structure absent discriminatory denial of promotions in the past, including prior applications for promotions and qualifications for supervisory training;

  (2) The breadth of the applicant's work experience in both machine and hand bindery operations;

  (3) The applicant's prior supervisory experience either inside or outside the GPO;

  (4) Evidence of applicant's abilities to initiate suggestions for improving production, whether or not such abilities have been officially recognized by defendant;

  (5) Evidence of the applicant's leadership abilities;

  (6) The special master or panel's evaluation of the applicant on the basis of personal interviews; and

  (7) Any evidence presented by defendant relevant to the qualifications of the applicant, including supervisory evaluations; provided, however, that such evaluations are not controlling.

  For the purpose of this section VIII only, the term promotion position shall not include the position of Journeyman Bookbinder.

  IX. SPECIAL MASTER

  It is

  FURTHER ORDERED, that the Honorable Lawrence S. Margolis, United States Magistrate, is hereby appointed Special Master in this action pursuant to Local Rule 3-8(b)(6). In addition to the duties imposed upon him by Rule 53 of the Federal Rules of Civil Procedure, the Special Master shall:

  1. Administer all aspects of the remedial Order in this action including, but not limited to, establishing dates for compliance with specific aspects of the Order, monitoring defendant's progress in implementing the Order and requiring reports on defendant's implementation of the Order in addition to those already required therein;

  2. Take evidence and decide all facts necessary to formulate the relief ordered by the Court;

  3. Report to the Court, if appropriate, as to defendant's progress in implementing the Order. Such reports shall be submitted when requested by the Court or whenever the Special Master believes that a report is appropriate. Copies of any such report shall be provided by the Special Master to the parties;

  4. In the event of noncompliance with the Order, advise the Court of such noncompliance and whether, in the Special Master's opinion, the noncompliance is of such a nature as to justify modification of the Order or other action by the Court;

  5. Establish such recordkeeping requirements in addition to or in lieu of those provided in the Order as he may deem necessary to implement and insure strict compliance with the terms and provisions of the relief ordered by the Court; and

   6. The Special Master shall have the power to suggest modifications or amendments of this Order.

  Within the limitation of this reference, the Special Master is hereby invested with the powers set forth in Rule 53 of the Federal Rules of Civil Procedure, and that Rule shall govern any proceedings before him. The Special Master shall have the authority to request from the defendant oral or written reports concerning efforts that have been taken to comply with the Order and defendants shall provide the Special Master with such information as he shall from time to time request; and it is

  FURTHER ORDERED, that except for any matter expressly required by this Order to be presented directly to the Court, any disputes between the parties regarding the interpretation or implementation of this Order shall be presented in the first instance to the Special Master. No party shall present any dispute to the Special Master unless the party has first notified the other party and made a good faith effort to resolve the matter by agreement. Any party may appeal any decision of the Special Master under this Order by filing a request for review with this Court within ten days of such decision. Delays beyond this ten-day period shall be allowed only upon a showing of good cause.

  X. RECORDKEEPING AND REPORTS

  It is

  FURTHER ORDERED, that defendant shall maintain for at least three years all records relating to this Order, including:

  (1) wages paid to Title VII plaintiffs and persons presently holding the position of Journeyman Bookbinder;

  (2) applications for the positions of JBW (all grades) and Journeyman Bookbinder;

  (3) action taken with respect to those applications;

  (4) education and training afforded to Title VII plaintiffs and Journeyman Bookbinders;

  (5) actions taken with respect to any apprenticeship or training program for individuals within the GPO Bindery other than class plaintiffs;

  (6) promotions to supervisory positions in the GPO Bindery;

  (7) complaints and disputes relating to the implementation of this Order; and it is

  FURTHER ORDERED, that within three months of the date hereof, defendant shall submit to counsel for plaintiffs a proposed comprehensive plan to implement this Order and to correct the discrimination and the present effects of past discrimination found by this Court to have existed and to exist; and it is

  FURTHER ORDERED, that within three months of the date hereof and every six months thereafter, for a period of three years, defendant shall file with the Court and the Special Master, and provide copies to counsel for plaintiffs, a report setting forth:

  (1) respecting any person currently holding a JBW, Bookbinder or other promotion position in the GPO Bindery, any change in status, including promotion, transfer, resignation and retirement and, if known, the reasons therefor;

  (2) respecting all recruitment and hiring to craft positions in the GPO Bindery, all efforts to recruit employees, the identities of persons hired, including sex, the reasons why the persons were hired, and a general description of the persons not hired, including a breakdown by sex; provided, however, that the identities of the persons not hired need not be disclosed;

  (3) all complaints or disputes, involving any form of discrimination, regarding craft employees or JBWs in the GPO Bindery, including the action taken or not taken and the reasons therefor; and

  (4) any deviation from the provisions of this Order.

  XI. MECHANICS FOR PAYMENT PURSUANT TO THIS ORDER

  It is

  FURTHER ORDERED, that counsel for plaintiffs and counsel for defendant shall meet promptly following issuance of this Order to establish procedures for determining the precise monetary amounts due to each class plaintiff pursuant to the provisions of this Order. All initial computations shall be made by defendant and all costs incurred in making said determinations shall be borne by defendant. The procedures adopted shall be such as to assure that payments shall be made as soon as possible, but in no event more than three months after this order (unless the Special Master, for good cause shown, extends that deadline with respect to particular employees as to whom disputes have arisen concerning entitlement or computation). Any disputes as to any individual's entitlement or computation which cannot be resolved by agreement of counsel shall be referred to the Special Master for disposition.

  XII. IMPLEMENTATION

  It is

  FURTHER ORDERED, that counsel for plaintiffs and counsel for defendant shall be responsible, for a period of three years following entry of the Order, for taking such steps as may be necessary to assure compliance with this Order, in accordance with the procedure described in this paragraph. Any complaint by any class plaintiff or by counsel for any party that the provisions of this Order have been violated shall be discussed initially by counsel. If they agree as to the correct disposition of a complaint, they may effectuate said disposition without the need for referring it to the Special Master, but shall maintain a written record of said complaint and disposition. If they do not agree as to the correct disposition of a complaint, any one of them may refer the matter to the Special Master for disposition. Defendant shall pay all reasonable expenses incurred by counsel in performing the functions assigned to them in this paragraph, and shall pay a reasonable attorneys' fee to the plaintiffs' attorneys for their services therefor.

  XIII. COSTS AND ATTORNEYS FEES

  It is

  FURTHER ORDERED, that defendant shall reimburse plaintiffs for all reasonable costs and expenses incurred on their behalf in litigating this action. Counsel for plaintiffs, on or before the 90th day following entry of this Order, shall file an appropriate motion in this regard with the Court, and the Court shall thereupon determine the appropriate amount thereof; and it is

  FURTHER ORDERED, that defendant shall pay reasonable attorneys' fees for plaintiffs' legal representation in this action. Counsel for plaintiffs, on or before the 90th day following entry of this Order, shall file an appropriate motion in this regard with the Court, and the Court shall thereupon determine the appropriate amount thereof.

  XIV. THE COURT'S JURISDICTION

  It is

  FURTHER ORDERED, that in the event matters relating to this Order require the attention of the Court, the Court shall assert jurisdiction of this cause for the purpose of issuing any additional orders needed to effectuate, clarify, or enforce the full purpose and intent of this Order.


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