In making back pay determinations, the Master may consider employment decisions after August 8, 1969. However, in no case shall the back pay period begin before March 12, 1971.
(2) Any award of back pay shall include all elements of financial loss, including without limitation, retirement, disability, overtime, pension contributions, shift differentials, and vacation and sick leave pay.
(3) A claimant who establishes that he was wrongfully denied promotion or training to more than one position shall elect one position for which he or she shall receive back pay and promotion or training preference.
(4) Where more than one claimant establishes entitlement to a single position, the claimants shall share the back pay award until such time as each is promoted to a comparable position. As each claimant is promoted, the full amount of the back pay shall continue to be paid to the remaining claimant(s).
IV. ADDITIONAL PROVISIONS OF ORDER
(A) Superseding Effect of Order
The provisions of this Order shall supersede any and all conflicting or inconsistent provisions in GPO or OPM rules or regulations, or collective bargaining agreements between GPO and unions representing OPS employees.
(B) Status of Persons Promoted Temporarily Pending Final Relief
Except as provided in paragraph II(B)(5) hereof, all promotions or transfers made on a temporary basis since August 26, 1977, shall become permanent as of the date of this Order.
(C) Processing of Complaints of Noncompliance With The Provisions of This Order
Any complaint by any employee or by counsel for any party that the provisions of this Order have been violated shall be discussed initially by counsel for GPO and the plaintiff class. If counsel for both sides agree as to the correct disposition of a complaint, they may effectuate such disposition without referring it to the Court. The GPO shall maintain a written record of said complaint and disposition. If counsel for both sides do not agree as to the correct disposition of a complaint, either may refer the matter to the Court for disposition. Nothing in this Order shall be construed to bar or preclude the filing of individual complaints of employment discrimination and the normal processing of such complaints pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and the rules and regulations of the GPO. Nor shall this Order bar the named Plaintiffs in this action from proceeding to present evidence to this Court relating to their individual claims of racial discrimination, as provided in the Court's decision of January 12, 1977; provided, however, that any monetary relief obtained by the named Plaintiffs pursuant to this Order shall be deducted from any monetary relief otherwise received in this action.
(D) Costs and Attorneys' Fees
Plaintiffs in the above captioned action are the prevailing parties for purposes of entitlement to attorneys' fees and costs. Pursuant to the provisions of the Civil Rights Act of 1964, as amended, the GPO shall pay all reasonable costs and expenses (including attorneys' fees) incurred in litigating this action. Within 30 days from the effective date of this Order, Plaintiffs' counsel shall submit to the Court an appropriate application for attorneys' fees and costs. Thereafter, subsequent to the completion of the calculation of the monetary relief for each of the Plaintiffs pursuant to Section III hereof, Plaintiffs' counsel shall submit a supplementary application for attorneys' fees and costs relating to all work performed subsequent to the date of this Order, including work performed in connection with preparation of the application for attorneys' fees and costs.
(E) Retained Jurisdiction
The Court hereby retains jurisdiction of this cause for the purpose of issuing any additional orders or decrees needed to effectuate, clarify or enforce the full purpose and intent of this Order. All provisions of this Order which do not terminate by their own terms as provided herein shall continue in full force and effect until such time as GPO petitions for, and obtains from this Court, authorization to terminate them.
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