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RODRIGUEZ v. EAST TEXAS MOTOR FREIGHT

No. 73-2801.

505 F.2d 40 (1974)

Jesse RODRIGUEZ, Sadrach G. Perez and Modesto Herrera, on their own behalf and on behalf of those similarly situated, Plaintiffs-Appellants, v. EAST TEXAS MOTOR FREIGHT, Southern Conference of Teamsters and Teamsters Local 657, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 25, 1974.

Attorney(s) appearing for the Case

Mario Obledo, Sanford Rosen, Mexican-Amer. Legal Defense & Educational Fund, Inc., San Francisco, Cal., Ed Idar, Jr., Jim Heidelberg, MALDEF, San Antonio, Tex., for plaintiffs-appellants.

Debra Millenson, EEOC, Washington, D. C., amicus curiae.

Theo. F. Weiss, San Antonio, Tex., Richard C. Hotvedt, Harry A. Rissetto, Washington, D. C., George E. Seay, William C. Strock, Dallas, Tex., for East Texas Motor Freight.

Edward W. Penshorn, Bradford F. Miller, San Antonio, Tex., for Teamsters Local Union 657.

G. Wm. Baab, L. N. D. Wells, Jr., Hal Gillespie, Dallas, Tex., for Southern Conference of Teamsters.

Before WISDOM, AINSWORTH and GODBOLD, Circuit Judges.

WISDOM, Circuit Judge:

In this employment discrimination case the plaintiffs-appellants attack two ubiquitous practices in the trucking industry: (1) the trucking companies' requirement that "city drivers" resign from their city driver jobs before applying for the more lucrative and sought-after "road" or "line driver"* positions, and (2) the companies' rule preventing city drivers from carrying their seniority to road driver jobs. The...

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