USDOL/OALJ Reporter
CCASE_NAME:
OFCCP V. GULF STATES PAPER CORP.
CCASE_NO:
89-LHC-22
DDATE_ISSUED:
19890418
TTITLE:
CONSENT DECREE
TTEXT:
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UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
OFFICE OF FEDERAL CONTRACT COMPLIANCE ]
PROGRAMS, UNITED STATES DEPARTMENT ]
OF LABOR, ] OFCCP NO. 89-OFC-22
]
Plaintiff, ]
]
v. ]
]
GULF STATES PAPER CORPORATION ]
]
Defendant. ]
CONSENT DECREE
The parties, having found themselves able to resolve this dispute
without the necessity of a hearing, have hereby incorporated their
consent findings herein and motioned the Court for entry of this
Consent Decree.
PART I - GENERAL PROVISIONS
A. The issues resolved by this Consent Decree were identified
during an investigation conducted by plaintiff, Office of Federal
Contract Compliance Programs, United States Department of Labor
(OFCCP), of a complaint filed by Mr. Benjamin H. Sherrod, Jr. (the
complainant) against defendant, Gulf States Paper Corporation,
alleging handicap discrimination resulting in complainant's wrongful
termination. Following an investigation, OFCCP notified Gulf States
Paper Corporation that deficiencies existed.
B. An administrative complaint against Gulf States Paper
Corporation alleging violation of section 503 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. Sec. 793 (Section 503) and the
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regulations promulgated pursuant thereto, 41 C.F.R. 60-741.1, et seq.,
was filed on April 18, 1989. Plaintiff filed an amended complaint on
July 5, 1989. The parties hereto have agreed to the entry of this
Consent Decree in resolution of the issues addressed in the
aforementioned complaints.
PART II - SPECIFIC PROVISIONS
A. Pursuant to 41 C.F.R. 60-30.13 and 60-741.29(b), the
parties to this action, OFCCP and Gulf States Paper Corporation, have
negotiated and have executed this Consent Decree for consideration by
the Administrative Law Judge as their resolution of this matter.
Subject to the performance of Gulf States Paper Corporation of all
duties and obligations contained in this Consent Decree, all alleged
violations identified In the administrative complaint and amended
administrative complaint shall be deemed fully resolved.
B. Defendant, for purposes of this case and settlement only,
admits that there is jurisdiction in this matter pursuant to Section
503, 20 C.F.R. 741.30-741.33 (30 Fed. Reg. 20566, 20569-70, June 11,
1974), 41 C.F.R. 60-741.29 and 41 C.F.R. Part 60-30. Based upon
representations made by defendant in a facilities waiver request
letter dated September 11, 1986, a prospective facilities waiver for
all facilities, other than the Walhalla plant, was granted defendant
by letter dated March 3, 1989. Said waiver is not retroactive before
the September 11, 1986 waiver request date. Moreover, it is
understood by the parties that said waiver will not
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be in effect from any date forward from a date that defendant obtains
any new government contract.
C. This Consent Decree does not constitute an admission by Gulf
States Paper Corporation of any violation of Section 503 or its
implementing regulations. Defendant denies any such violation and
further denies that OFCCP has jurisdiction over defendant.
Nonetheless, defendant has agreed to this Consent Decree as a means of
resolving this dispute and has accepted jurisdiction only for the
purpose of entering into and enforcing the terms of this Consent
Decree
D. Gulf States Paper Corporation agrees that there will be no
retaliation against Benjamin H. Sherrod, Jr., Benjamin H. Sherrod,
III, or any other person who has provided information or assistance in
this matter to OFCCP.
E. The parties' resolution of OFCCP's claims in this matter is
as follows:
1. Within 10 days of plaintiff and defendant executing this
Consent Decree, Gulf States Paper Corporation shall purge all
employment, medical, and other files that defendant maintains
respecting or referring to Benjamin H. Sherrod, Jr. of any references
to termination and of any matters related to this action, including
the cause thereof. Said records shall be modified to show a voluntary
separation from defendant's employ on October 10, 1985 rather than a
termination action. Defendant further represents that if anyone
queries defendant for a reference or other information pertaining to
r. Sherrod, Gulf States Paper
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Corporation will neither disseminate negative information nor give out
any information related to the original termination.
2. Within 10 days of plaintiff and defendant executing
this Consent Decree, Gulf States Paper Corporation shall deliver to
OFCCP two checks made payable to Benjamin H. Sherrod, Jr. The first
check shall be in the amount of $8000, less appropriate state and
federal statutory deductions. The second check shall be in the amount
of $1228.98, less appropriate state and federal statutory deductions,
and will constitute payment, in accordance with Part II, paragraph
E-3, for April, 1990.
3. The parties agree that on or before the fifth day of
each month, commencing with April, 1990, defendant, or its purchasers,
successors, assignees and/or transferees, will pay to Benjamin H.
Sherrod, Jr., the amount of $1228.98, less appropriate state and
federal statutory deductions, until he reaches the age of 55.
Beginning in August, 1992, Gulf States Paper Corporation, its
purchasers, successors, assignees and/or transferees, will reduce the
monthly payment to Benjamin H. Sherrod, Jr. to $400 per month, less
appropriate state and federal statutory deductions. The $400 payment
to Benjamin H. Sherrod, Jr. will continue to be made on or before the
fifth day of each month through and including July, 2002. Thus, the
$400 payment period shall continue until Benjamin H. Sherrod, Jr.
reaches the age of 65.
4. The parties hereto agree that if Benjamn H. Sherrod, Jr.
dies before reaching the age of 65, Gulf States Paper
Corporation will not be obligated to continue making monthly
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installment payments under the terms of this agreement or to pay any
kind of a lump sum to his heirs or estate.
5. Within five working days of its receipt of the checks
referenced in Part II, Paragraph E-1, OFCCP will tender the checks to
Benjamin H. Sherrod, Jr.
F. The parties agree that should Gulf States Paper Corporation
engage in contracting activities of the type covered by Section 503,
nothing herein is intended to relieve Gulf States Paper Corporation
from compliance with the requirements of Section 503 or its
implementing regulations or to limit Gulf State Paper Corporation's
compliance with such requirements. This includes, but is not limited
to, permitting access to defendant's records of employment pertinent
to compliance with the Act as required by 41 C.F.R. 60-741.53.
G. It is understood and agreed that complete performance of
Part II, paragraphs D and E-1, 2, 3, 4, and 5 shall fully resolve all
claims raised by the complaint and amended complaint filed by OFCCP in
this matter.
H. The record of the case upon which this Consent Decree is
entered shall consist of all pleadings filed to date and the Consent
Decree.
I. This Consent Decree shall become final and effective upon
its execution by an Administrative Law Judge.
J. This Consent Decree shall be binding upon Gulf States Paper
Corporation and any and all purchasers, successors, assignees, and/or
Gulf State Paper Corporation's transferees.
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K. This Consent Decree shall have the same force and effect
as an made after a full hearing.
L. All further procedural steps to contest the binding effect
of this Consent Decree are waived by the parties.
M. Any right to challenge or contest the obligations entered
into in accordance with the agreement contained in this Consent Decree
is waived by the parties.
PART III - DURATION, IMPLEMENTATION AND
ENFORCEMENT OF CONSENT DECREE
A. This Consent Decree shall expire when all obligations
contained herein have been fulfilled by Gulf States Paper Corporation
or its purchasers, successors, assignees and/or transferees or upon
the death of Benjamin H. Sherrod, Jr., whichever occurs sooner.
B. Jurisdiction, including the authority to issue any
additional orders or decrees necessary to effectuate the
implementation of the provisions of this Consent Decree is retained by
the Office of Administrative Law Judges.
C. If at any time in the future, OFCCP, or its successor,
believes that Gulf States Paper Corporation, or its purchasers,
successors, assignees and/or transferees, has violated any portion of
this Consent Decree, OFCCP shall promptly provide written notification
of this belief. This notification will include a statement of the
facts and circumstances relied upon in forming that belief. In
addition, the notification will provide Gulf States Paper Corporation,
or its purchasers, success, assignees,
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and/or transferee, with 15 days to respond in writing except where
OFCCP alleges that such a delay would result in irreparable injury.
D. Enforcement proceedings for violation of this Consent
Decree may be initiated at any time after the 15 day period referred
to in Part III-paragraph C has elapsed (or sooner, if irreparable
injury is alleged) upon the filing with the Court of a motion for an
order of enforcement and/or sanctions. The issues in a hearing on the
motion shall relate solely to the issues of the factual and legal
claims made in the motion.
E. Liability for violation of this Consent Decree may subject
Gulf States Paper Corporation to the sanctions set forth in Section
503 and its implementing regulations 41 C.F.R. 60-741.1 et seq. and
other appropriate relief.
F. If an application or motion for an order of enforcement or
clarification indicates by signature of counsel that the application
or motion is unopposed by the plaintiff or defendant, as appropriate,
the application or motion may be presented to the Court without
hearing, and the proposed Order may be implemented immediately. If
said application or motion is opposed by any party, the party in
opposition shall file a written response within twenty (20) days of
service of such application or motion. The Office of Administrative
Law Judges may, if its deems it appropriate, schedule an oral hearing
on the application or motion.
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It is so ORDERED this 21th day of June, 1990.
ADMINISTRATIVE LAW JUDGE
AGREED AND CONSENTED TO
On Behalf Of:
GULF STATES PAPER CORPORATION ROBERT P. DAVIS
Solicitor of Labor
BOBBYE D. SPEARS
Regional Solicitor
By: GEORGE D. PALMER
Associate Regional Solicitor
DEBRA H. GOLDSTEIN
Attorney
By:
Debra H. Goldstein
Office of the Solicitor
Benjamin H. Sherrod, Jr. U. S. Department of Labor
Attorneys for Plaintiff.
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SERVICE SHEET
Case Name: OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR V. GULF STATES
PAPER CORPORATION
Case No.: 89-LHC-22
Tile of Document: CONSENT DECREE
A copy of the above document was sent to the following:
CERTIFIED MAIL REGULAR MAIL
Secretary of Labor Chris Mitchell, Esq.
Office of Administrative Appeals 1900 Fifth Avenue North
U. S. Department of Labor Suite 1015, First National/South
Room S-4309 Natural Bldg.
200 Constitution Ave., NW Birmingham, AL 35203
Debra H. Goldstein, Esq. Gulf States Paper Corporation
U. S. Department of Labor Highway 80 West
2015 Second Ave., North Ste. 201 Demopolis, AL 36732
Birmingham, AL 35203
Gulf States Paper Corporation Bobby D. Spears
Post Office Box 3199 Regional Solicitor
Tuscaloosa, AL 35404 U. S. Department of Labor
1371 Peachtree Street, N.E.
Room 339
Atlanta, GA 30367
Civil Rights of Division
Office of the Solicitor
U. S. Department of Labor DEBORAH Q. CUREAU
200 Constitution Ave., NW DATED: June 1990
Room N-2464
Washington, DC 20210
