GRANT v. LOCAL 638

No. 03-6189.

373 F.3d 104 (2004)

Roysworth GRANT, Plaintiff-Appellee, Equal Employment Opportunity Commission, Willie Ellis, the City of New York, Plaintiffs-Appellees, The Hispanic Society and Individual Nonwhite Local 28 Members, Plaintiffs-Intervenors-Appellees-Movants, v. LOCAL 638, Defendant-Intervenor, Local 28, Sheet Metal Workers' International Association, Defendant-Intervenor-Appellant-Respondent.

United States Court of Appeals, Second Circuit.

Decided: June 18, 2004.


Attorney(s) appearing for the Case

Jyotin Hamid, Debevoise & Plimpton, New York, NY, (Edwin G. Schallert, Patricia G. Corley and Wendy B. Reilly, Debevoise & Plimpton; Michael L. Foreman and Audrey J. Wiggins, Lawyers' Committee for Civil Rights Under Law, Washington, DC; Alan Levine, Puerto Rican Legal Defense and Education Fund, New York, NY, on the brief) for Plaintiffs-Intervenors-Appellees-Movants.

David J. Cynamon, Shaw Pittman, LLP, Washington DC, (Christine N. Kearns and Karen-Faye Newman, Shaw Pittman, LLP; Edmund P. D'Elia, New York, NY; John O'B. Clarke, Highsaw, Mahoney & Clarke, P.C., Washington, DC, on the brief) for Defendant-Intervenor-Appellant-Respondent.

Eric S. Dreiband, General Counsel, Vincent J. Blackwood, Acting Associate General Counsel, Paul D. Ramshaw, Attorney, U.S. Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellee Equal Employment Opportunity Commission.

Before: POOLER, SOTOMAYOR, and WESLEY, Circuit Judges.


POOLER, Circuit Judge.

In this long-standing race discrimination lawsuit, Local 28 of the Sheet Metal Workers' International Association ("Local 28" or "the union") has been proven guilty of discrimination against nonwhite2 workers, subjected to affirmative relief, and found guilty of contempt. Outstanding issues include individual entitlement to back pay and revision of affirmative action goals in light of prior contempt findings. In...

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