INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO-CLC, an unincorporated association, International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, Local 449, an unincorporated association, International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, Local 627, an unincorporated association, H. J. Adams, Genevieve Arnett, Josephine Baker, Marge Dinnan Brophy, Henrietta Brown, Dorothy M. Burton, Minnie Chatman, Mary E. Cobb, A. Contento, Melvina Cooper, Jean Corbin, Norma Doyle, Eleanor Dye, Tanya Fourshee, D. Fowler, Dorothy Gaines, Martha Gant, Madeline Giese, L. M. Harris, Dorothy Hayes, Eleanor Hunker, Pauline Lee, J. Lindenthal, Ollie Little, Madeline Martino, D. P. Massi, Rena McLeod, S. McNeil, Patti Mitchell, Roberta Moore, Mabel Morrell, Mildred Ociki, Helen O'Loughlin, Mary Pfister, Ann Raho, R. Rainear, P. Rutowski, Loretta Ryan, J. L. Sheldon, V. Vaughn, Helen Walsh, and Shirley Watkins, on behalf of themselves and on behalf of all persons similarly situated,
v.
WESTINGHOUSE ELECTRIC CORPORATION, a corporation,
International Union of Electrical, Radio and Machine Workers, AFL-CIO, CLC ("IUE") and Locals 449 and 627, Appellants in 79-1893,
Marge Brophy, Henrietta Brown, Melvina Cooper, Ann Raho Frazier and Helen Walsh, on behalf of themselves and the class they represent, Appellants in 79-1894.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 20, 1980.
Decided August 1, 1980.
Attorney(s) appearing for the Case
Michael H. Gottesman, Frank Petramalo, Jr., Jeremiah A. Collins, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., Sidney L. Reitman, Jesse H. Strauss, Kapeljohn, Lerner, Reitman & Maisel, Newark, N. J., for individual appellants.
Virginia Fenton, Carpenter, Bennett & Morrissey, Newark, N. J., Stuart I. Saltman, Westinghouse Electric Corp., Pittsburgh, Pa., Walter P. DeForest (argued), Peter D. Post, Martha Hartle Munsch, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee Westinghouse Electric Corp.
Robert E. Williams, Douglass McDowell, McGuiness & Williams, Washington, D. C., for amicus curiae Equal Employment Advisory Council.
Norman Redlich, Co-Chairman, New York City, Norman J. Chachkin, Richard T. Seymour, Staff Attys., Lawyers' Committee for Civil Rights Under Law, Washington, D. C., for amici curiae Lawyers' Committee for Civil Rights Under Law, et al.
Winn Newman, Carole W. Wilson, Washington, D. C., Richard B. Sobol (argued), Ann H. Franke, Sobol & Trister, Washington, D. C., for Union appellants.
Leroy D. Clark, Gen. Counsel (argued), Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Vincent J. Blackwood, Atty., Equal Employment Opportunity Commission, Washington, D. C., Drew S. Days, III, Asst. Atty. Gen., David L. Rose, Sandra L. Hughes, Attys., Dept. of Justice, Washington, D. C., for amici curiae Equal Employment Opportunity Commission and the United States.
Before SEITZ, Chief Judge, and VAN DUSEN and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
The plaintiffs in this case brought suit alleging, inter alia, that the Westinghouse Electric Corporation (Westinghouse or the company) had set the wage rates lower for those job classifications which were predominantly filled by females than the wage rates for those job classifications which were predominantly filled by males. Plaintiffs claimed that this disparity was attributable to...
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