EQUAL EMPLOYMENT OPPORTUNITY COM'N v. LOCAL 638 . . .

Nos. 464, 465, Dockets 75-6079, 75-6093.

532 F.2d 821 (1976)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and the City of New York, Plaintiffs-Appellees, v. LOCAL 638 . . . LOCAL 28 OF the SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION and Local 28 Joint Apprenticeship Committee, Defendants-Appellants, Sheet Metal and Air-Conditioning Contractors' Association of New York City, Inc., etc., Defendants. LOCAL 28, Third-Party Plaintiff, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Third-Party Defendant. LOCAL 28 JOINT APPRENTICESHIP COMMITTEE, Fourth-Party Plaintiff, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Fourth-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided March 8, 1976.


Attorney(s) appearing for the Case

Sol Bogen, New York City, for Sheet Metal Workers Intern. Ass'n, Local 28 and Union Trustees of Local 28, Joint Apprenticeship Committee.

Louis G. Corsi, Asst. U. S. Atty., New York City (Thomas J. Cahill, U. S. Atty., for the Southern District of New York, Taggart D. Adams and Steven J. Glassman, Asst. U. S. Attys., New York City, Abner W. Sibal, Gen. Counsel, EEOC, Joseph T. Eddins, Jr., Associate Gen. Counsel, and Beatrice Rosenberg, Atty., EEOC, Washington, D. C., of counsel), for Equal Employment Opportunity Commission.

Ellen Kramer Sawyer, New York City (W. Bernard Richland, Corp. Counsel of the City of New York, L. Kevin Sheridan, New York City, of counsel), for City of New York.

Before SMITH and FEINBERG, Circuit Judges, and WARD, District Judge.


J. JOSEPH SMITH, Circuit Judge:

This appeal requires this court to confront, again, one of the most important and difficult questions currently facing the federal judiciary: the nature and scope of permissible remedies under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

Local 28 of the Sheet Metal Workers' International Association (hereinafter Local 28) is a union, based in New York City, with

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