73 F.R.D. 638 | D.D.C. | 1977
MEMORANDUM
This action is brought by five black men who allege a violation of their rights under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Equal Employment Opportunity Act of 1972.
I.
The gravamen of the plaintiffs’ claim appears to concern the defendants’ use of certain “controversial” criteria for determining entrance into and advancement within the electrical construction trade in the Washington Metropolitan Area. These criteria include a general aptitude test prescribed and administered by the Department of Labor, the submission of a high school diploma, examination of high school grades, and a personal interview conducted by defendant JATC (a committee regulated by the District of Columbia government). Plaintiffs challenge the use of these and other criteria, seeking declaratory and in-junctive relief, “back pay” for all aggrieved parties, and the award of attorneys fees.
Plaintiffs have moved to have this action certified as a class action to be maintained on behalf of the following groups:
All black persons who are or who have been or might have been since July 20, 1965, or who may in the future become either an applicant for or a person in the status of (a) a Local 26 minority trainee, (b) a Local 26 advanced trainee, (c) a JATC apprentice, (d) a member of Local*640 26, (e) a Local 26 commercial journeyman, or (f) an employee under any Local 26-NECA (D.C.) collective bargaining agreement.
They contend that this action may be properly maintained as a class action pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure.
II.
The relief sought by the plaintiffs is for the most part in the nature of declaratory and injunctive relief. They seek this Court’s determination that the defendants have engaged in and continue to engage in certain discriminatory practices in connection with which they are personally aggrieved. If they are successful in their suit, this Court must fashion an appropriate equitable decree. Such a decree would of course be directed toward the discriminatory practices alleged and would thus afford injunctive relief to all victims of such discrimination, not merely to the plaintiffs bringing this action.
Insofar as this aspect of the plaintiffs’ suit is concerned, then, there exists no need for this case to be certified as a class action. This Court has consistently and emphatically adhered to the view that when, as here, “the relief being sought can be fashioned in such a way that it will have the same purpose and effect as a class action,” the certification of a class action is unnecessary and inappropriate. D. C. Podiatry Society v. District of Columbia, 65 F.R.D. 113, 115 (D.D.C.1974); see Edwards v. Schlesinger, 377 F.Supp. 1091, 1093 & n. 9 (D.D.C), rev’d on other grounds sub nom. Waldie v. Schlesinger, 166 U.S.App.D.C. 175, 509 F.2d 508 (1974); Kinsey v. Legg, Mason & Co., Inc., 60 F.R.D. 91, 100-01 (D.D.C.1973). This view, although supported by limited (yet prevailing) precedent when first articulated by this Court,
III.
Beyond their request for declaratory and injunctive relief, plaintiffs seek only what they have variously described as “back pay” or “back pay and damages.” In view of the fact that not one of the defendants to this action is an employer, it is not entirely clear whether plaintiffs seek — or, for that matter, are truly entitled to — relief in the form of “back pay.”
Accordingly, the Court having found that class certification would be unnecessary and inappropriate with respect to the totality of plaintiffs’ requested relief, the certification motion should be denied.
. Additionally, the Court has allowed the Equal Employment Opportunity Commission to intervene as a plaintiff in this case.
. Although this action is predominantly one for general declaratory and injunctive relief, the plaintiffs do also seek more individualized forms of relief. See notes 8-9 infra and accompanying text.
. These pertinent portions of Rule 23 provide as follows:
(a) One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
(b) An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied and in addition:
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; ....
. See Martinez v. Richardson, 472 F.2d 1121, 1127 (10th Cir. 1973); Ihrke v. Northern States Power Co., 459 F.2d 566, 572 (8th Cir.), vacated on other grounds and remanded with instructions to dismiss as moot, 409 U.S. 815, 93 S.Ct. 66, 34 L.Ed.2d 72 (1972); Bailey v. Patterson, 323 F.2d 201, 206-07 (5th Cir. 1963), cert. denied sub nom. City of Jackson v. Bailey, 376 U.S. 910, 84 S.Ct. 666, 11 L.Ed.2d 609 (1974); Bridgeport Guardians, Inc. v. Members of Bridgeport Civil Service Comm'n, 354 F.Supp. 778, 783 (D.Conn.), modified on other grounds, 482 F.2d 1333 (2nd Cir. 1973); National Welfare Rights Association v. Department of HEW, Civil No. 264-73 (D.D.C. October 10, 1973); but see Fujishima v. Board of Educ., 460 F.2d 1355, 1360 (7th Cir. 1972).
. See, e. g., Berlin Democratic Club v. Rumsfeld, 410 F.Supp. 144, 163-64 (D.D.C.1976); Coffin v. Secretary of HEW, 400 F.Supp. 953, 956 (D.D.C.1975); Nelson v. Likens, 389 F.Supp. 1234, 1239 (D.Minn.1974), aff'd per curiam, 510 F.2d 414 (8th Cir. 1975); Branham v. General Electric Co., 63 F.R.D. 667, 671 (M.D.Tenn.1974); Mohr v. Jordan, 370 F.Supp. 1149, 1153 n. 3 (D.Md.1974); Vulcan Society v. Civil Service Comm’n, 360 F.Supp. 1265, 1266-67 n. 1 (S.D.N.Y.1973); duPont v. Woodlawn Trustees, Inc., 64 F.R.D. 16, 22 (D.Del.1974); see also Hatfield v. Williams, 64 F.R.D. 71, 75 (N.D.Iowa 1974); McDonald v. McLucas, 371 F.Supp. 831, 833-34 (S.D.N.Y.1974); Worthen
. Commenting on this principle in Moore’s Federal Practice, Professor Lucas has concluded that “when full relief can be given in an individual action it seems perfectly sound to decide that a class injunction is not appropriate,” there being “no purpose in going through the class action routine.” 3B Moore’s Federal Practice ¶ 23.40 (1975 Supp. at 83). See id. H 23.10 at 2768; see also Manual For Complex Litigation § 1.401 (“Improper Use of Class Actions”) (1976).
. See Craft v. Memphis Light, Gas & Water Division, 534 F.2d 684, 686 (6th Cir. 1976); United Farmworkers of Florida Housing Project, Inc. v. City of Delray Beach, 493 F.2d 799, 812 (5th Cir. 1974); Galvan v. Levine, 490 F.2d 1255, 1261 (2nd Cir. 1973); Martinez v. Richardson, 472 F.2d 1121, 1127 (10th Cir. 1973); Ihrke v. Northern States Power Co., 459 F.2d 566, 572 (8th Cir.), vacated on other grounds and remanded with instructions to dismiss as moot, 409 U.S. 815, 93 S.Ct. 66, 34 L.Ed.2d 72 (1972); Bailey v. Patterson, 323 F.2d 201, 206-07 (5th Cir. 1963), cert. denied sub nom. City of Jackson v. Bailey, 376 U.S. 910, 84 S.Ct. 666, 11 L.Ed.2d 609 (1974); see also Potts v. Flax, 313 F.2d 284, 289-90 (5th Cir. 1963); cf., Carter v. Butz, 479 F.2d 1084, 1089 (3rd Cir. 1973); United States v. Hall, 472 F.2d 261, 266 (5th Cir. 1974); Cousins v. City Council of the City of Chicago, 466 F.2d 830, 845 (7th Cir.), cert. denied, 409 U.S. 893, 93 S.Ct. 85, 34 L.Ed.2d 151 (1972); but see Fujishima v. Board of Educ., 460 F.2d 1355, 1360 (7th Cir. 1972).
. This question was raised at oral argument and was not satisfactorily resolved by counsel for either side. The Court therefore holds no present opinion as to the propriety of such relief under the instant circumstances.
. See Plaintiffs’ Memorandum at 2; Plaintiffs’ Reply Memorandum at 4-5. Although the plaintiffs have not described in more specific detail the additional relief which they individually seek, they have provided the Court with sufficient information for it to reach the conclusion that class certification is unwarranted with respect to this portion of the case because of the individuality of the potential plaintiffs’ claims.