History of the Court Order

1888  1960's  1970's  1980's  1990's  2000 - present

 

Introduction

Local 25, covering eight counties in Northern New Jersey, was established by the International in 1991 when it separated Northern New Jersey from Local 28.  In order to understand the history of the Court Order under which Local 25 operates, readers should go to the Court Order History page for Local 28 at http://www.28map.com/history_of_the_court_order2.htm.

 

1888 The Sheet Metal Workers? International Union is formed under a constitution which provides for the establishment of "white local unions" and relegates Blacks to membership in subordinate locals.

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1969 The Equal Employment Opportunity Commission filed suit against Local 10 and the Local 10 JAC, alleging a pattern and practice of discrimination against Blacks and Puerto Ricans on account of race and national origin.

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1970 On December 21, 1970, the late Judge Robert Shaw entered a Temporary Restraining Order preliminarily enjoining defendants "from engaging in any act or practice the purpose or effect of which is to discriminate on account of race or national origin against Negroes or Spanish-Surnamed-Americans," and requiring certain affirmative record keeping and referral steps to be taken. Judge Shaw passed away prior to rendering a decision and the case was reassigned to Chief Judge Mitchell Cohen.

1973 In a decision dated April 2, 1973, Judge Cohen found that Local 10 had engaged in a pattern and practice of discrimination, which constituted unlawful employment practices under Title VII. In that decision Judge Cohen found, among other things, that:

1) prior to the lawsuit Local 10 never had a minority member;

2) Local 10's control of the employment opportunities had a racially discriminatory effect;

3) the union failed to give qualified minority sheet metal mechanics, who had been working on union permits, journeyman membership information;

4) of the approximately 120 apprentices in the apprenticeship program only 3 or 4 were from minority groups;

and

5) the JAC's selection and temporary work referral procedures afforded minority apprentice applicants less favorable treatment than white apprentice applicants.

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1981 Former Sheet Metal Workers' International Association president Edward Carlough directs that New Jersey Sheet Metal Locals 10, 13 and 22 be merged into Local 28, and that Local 28 assume responsibility for all sheet metal work and collective bargaining agreements in Northern New Jersey.

Local 22 refused to accept the merger order and established an independent sheet metal workers?union which covered much of the same geographical area as Local 28 in Northern New Jersey.

The Joint Apprenticeship Committees of the merged Northern New Jersey local unions later merged themselves to become the Local 28 JAC of Northern New Jersey and its Education Fund.

1983 In a stipulation dated May 17, 1983, the New Jersey parties agreed that the more comprehensive affirmative action plan and order entered in the Local 28 case would supersede the Local 10 order and that they would be bound by the Local 28 orders. By order dated December 29, 1983, the Honorable Kevin Thomas Duffy (sitting in for Judge Werker) ordered that the Local 10 case be consolidated with the Local 28 case. That order was followed by Judge Werker's March 19, 1984 order directing the Special Master to supervise performance of the Local 10 action and report on the defendants' pre-merger compliance with Judge Cohen's orders.

1985 On August 5, 1985, the EEOC made a motion to have the Local 28 JAC-NNJ (and its Education Fund) substituted for the original Local 10 JAC.  That motion was granted on February 26, 1987.  Thereafter, by Opinion dated March 9, 1988, the Special Master found that Local 28 was the successor in interest to Local 10, and ordered that Local 28 was to be substituted for Local 10 as a defendant. 

1988 The District Court affirms Special Master Raff’s Opinion that Local 28 is the successor to Local 10, which was under a separate order to stop discriminating against Blacks and Hispanics.

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1991 On May 17, 1991, former International President Carlough directed that, effective June 1, 1991, a new sheet metal local would be created in Northern New Jersey by splitting off the Northern New Jersey Counties of Essex, Passaic, Bergen, Morris, Union, and Hudson from Local 28, splitting off Somerset County from Local 27, and splitting off Sussex County from Local 19.

As a result, the new local union, designated Local 25, was assigned jurisdiction over sheet metal work performed in the counties of Essex, Passaic, Hudson, Bergen, Sussex, Somerset, Union, and Morris New Jersey, and was directed to administer the collective bargaining agreements previously administered in those geographic areas by Locals 28, 27, and 19.

Moreover, after the Sheet Metal Workers' International Association carved out the Northern New Jersey counties from Local 28 and created Local 25, the Local 28 Joint Apprenticeship Committee of Northern New Jersey re-established itself as the Local 25 JAC, and transferred all of its assets and liabilities to the Local 25 JAC.  As a result, it is the successor in interest of the Local 28 Joint Apprenticeship Committee of Northern New Jersey

1993 On January 19, 1993, the Special Master issued a Report and Recommendation, adopted by Judge Carter on October 3, 1994, in which he found Local 28 and the Local 28 JAC-NNJ in contempt for violating the Local 10 order ("Local 10/28 contempt proceeding").  As part of the remedial relief, the Special Master directed "Stage II" back pay proceedings to determine the amount of back pay due to class members who were injured by defendants' contemptuous conduct.

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2005 Local 25 submitted a draft proposed consent order to the Court.  The proposed consent order was Local 25’s effort to establish a blueprint to be relieved from Court supervision.  After consideration of the parties?comments, the Court determined that the proposed consent order as inadequate, and requested that the Union address the identified problems.

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*For updates, check this website or contact Charlie Saunders, Field Monitor, at (212) 732-7897.

 

 

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