USDOL/OALJ Reporter
ORDER APPROVING CONSENT DECREE
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OFCCP v. Ford otor Co., 1997-OFC-8, 2000-OFC-1 to 9 (ALJ Feb. 16, 2000)
| U.S. Department of Labor | Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002 (202) 565-5330 |  |
Date: February 16, 2000
UNITED STATES DEPARTMENT OF LABOR,
OFFICE OF FEDERAL CONTRACT COMPLIANCE
PROGRAMS,
Plaintiff,
v.
FORD MOTOR COMPANY (Kentucky Truck Plant), Case No. 1997-OFC-8
FORD MOTOR COMPANY (Wayne Truck Assembly Plant), Case No. 2000-OFC-1
FORD MOTOR COMPANY (Sterling Axle Plant), Case No. 2000-OFC-2
FORD MOTOR COMPANY (Sandusky Plastics Plant), Case No. 2000-OFC-3
FORD MOTOR COMPANY (Kansas City Assembly Plant), Case No. 2000-OFC-4
FORD MOTOR COMPANY (St. Louis Assembly Plant), Case No. 2000-OFC-5
FORD MOTOR COMPANY (Connersville Electronics Case No. 2000-OFC-6
and Refrigeration Plant),
FORD MOTOR COMPANY (Atlanta Assembly Plant), Case No. 2000-OFC-7
FORD MOTOR COMPANY (Norfolk Assembly Plant), Case No. 2000-OFC-8
FORD MOTOR COMPANY (San Francisco Parts Case No. 2000-OFC-9
Distribution Center),
Defendant.
BEFORE: JOHN M. VITTONE
Chief Administrative Law Judge
Pursuant to 41 CFR 60-30.13(c)(1), the parties to this action, plaintiff, United States Department of Labor, Office of Federal Contract Compliance Programs ("OFCCP"), and defendant, Ford Motor Company ("Ford"), have submitted a Consent Decree for review and issuance of a final Administrative Order. The Office of Administrative Law Judges has jurisdiction in this matter pursuant to Sections 208 and 209 of Executive Order 11246 (30 Fed. Reg. 12319), as amended; Section 503 of the Rehabilitation Act, as amended, 29 U.S.C. § 793; the Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. § 4212; and the regulations issued thereunder at 41 CFR Chapter 60. The entire record on which this order is based consists solely of the administrative complaints and the agreement contained in the Consent Decree, with attachments.
OFCCP initiated an enforcement action by filing an Administrative Complaint with the Office of Administrative Law Judges on March 31, 1997, based on a May 1993 compliance review of Ford's
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Kentucky Truck Plant. The case was assigned to District Chief Administrative Law Judge Daniel J. Roketenetz, and docketed as Case No. 1997-OFC-8. During the prehearing proceedings before Judge Roketenetz, the parties requested appointment of a settlement judge. Accordingly, on May 20, 1999, Administrative Law Judge Michael P. Lesniak was appointed to act as a settlement judge in this matter. The instant Consent Decree, negotiated during Judge Lesniak's appointment, covers not only Case No. 1997-OFC08, but also an additional nine matters based on other compliance reviews of Ford facilities. In order to effect an orderly disposition of all of the matters, OFCCP has simultaneously filed nine new Administrative Complaints, and the negotiated Consent Decree.
Upon submission of the Consent Decree, the parties, Judges Lesniak and Roketenetz, and the undersigned coordinated to effect an efficient procedure for disposition of the ten cases. It was determined that because of the need to docket the nine additional cases, Case No. 1997- OFC-8 would be reassigned from Judge Roketenetz to the undersigned, who would then issue the final Administrative Order for both 1997-OFC-8, and the additional nine cases (2000-OFC-1 through 9).
Review of the Consent Decree confirms that it is in compliance with 41 C.F.R. § 60-30.13 and that it fairly and adequately resolves all pending issues for these matters. Accordingly, the Consent Decree is hereby APPROVED AND ADOPTED in its entirety. This decision constitutes the final Administrative Order approving the Consent Decree. Pursuant to ¶ 87 of the agreement, however, the Office of Administrative Law Judges retains jurisdiction for a period of two years from the effective date of the Consent Decree to issue any additional orders or decrees necessary to effectuate the implementation of the Consent Decree. In addition, pursuant to ¶ 41 of the agreement, the Office of Administrative Law Judges also retains jurisdiction, beyond the two year limit stated in ¶ 87, in regard to the hiring provisions of the Consent Decree until such time as Ford has satisfied its hiring obligations under the Decree.
Pursuant to ¶ 40 of the agreement, the Consent Decree becomes effective three calendar days after the date of this Order.
SO ORDERED
JOHN M. VITTONE
Chief Administrative Law Judge
JMV/trs
UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
_______________________________________
UNITED STATES DEPARTMENT OF LABOR, )
OFFICE OF FEDERAL CONTRACT COMPLIANCE )
PROGRAMS, )
)
Plaintiff, )
)
v. ) Case Nos. 97-OFC-8;
) 2000-OFC-; 2000-OFC-;
FORD MOTOR COMPANY, ) 2000-OFC-; 2000-OFC-;
) 2000-OFC-; 2000-OFC-;
Defendant. ) 2000-OFC-; 2000-OFC-;
) 2000-OFC-
)
________________________________________)
CONSENT DECREE
Pursuant to 41 CFR 60-30.13, the parties to this action, plaintiff, United
States Department of Labor, Office of Federal Contract Compliance Programs
("OFCCP"), and defendant, Ford Motor Company ("Ford"), have
negotiated and executed this Consent Decree, including all attachments hereto.
This Decree constitutes a full and final resolution of this action and all issues
arising from: the compliance review of Ford's Kentucky Truck Plant initiated by
OFCCP on May 6, 1993; the compliance review of Ford's Wayne Truck Assembly Plant
initiated by OFCCP on September 21, 1994; the compliance review of Ford's
Sterling Axle Plant initiated by OFCCP on September 21, 1994; the compliance
review of Ford's Sandusky Plastics Plant initiated by OFCCP on February 27, 1997;
the compliance review of Ford's Kansas City Assembly Plant initiated by OFCCP on
October 5, 1994; the compliance review of Ford's St. Louis Assembly Plant
initiated by OFCCP on June 30, 1989; the compliance review of Ford's Connersville
Indiana Electronics and Refrigeration Plant initiated by OFCCP on June 21, 1994;
the compliance review of Ford's Atlanta Assembly Plant initiated by OFCCP on May
29, 1997; the compliance review of Ford's Norfolk Assembly Plant initiated by
OFCCP on April 14, 1996; and the compliance review of Ford's San Francisco Parts
Distribution Center initiated by OFCCP on May 5, 1998. Unless otherwise
indicated, these ten facilities shall be referred to collectively in this Consent
Decree as the "affected Ford facilities." It is the further intent of
the parties to this Decree that the Decree constitutes a full and final
resolution of all compliance reviews which were open as of July 16, 1999, the
date on which the parties reached their agreement in principle.
PART A. JURISDICTION AND PROCEDURAL HISTORY
1. This forum has jurisdiction in this matter pursuant to Sections 208
and 209 of Executive Order 11246 (30 Fed. Reg. 12319), as amended, Section 503 of
the Rehabilitation Act, as amended, 29 U.S.C. §793, and the Vietnam Era
Veterans' Readjustment Assistance Act, 38 U.S.C. §4212, and the regulations
issued thereunder at 41 CFR Chapter 60.
KENTUCKY TRUCK PLANT
2. OFCCP initiated an enforcement action on March 31, 1997, by filing an
Administrative Complaint with the Office of Administrative Law Judges. The
Complaint alleged that Ford failed to comply with its obligations as a Government
contractor under Executive Order 11246 and its implementing regulations at 41 CFR
Parts 60-1 through 60-50, at Ford's Kentucky Truck Plant facility.
3. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Kentucky Truck Plant initiated by OFCCP in May 1993.
4. OFCCP issued a Notice to Show Cause on June 17, 1994, and an Amended
Notice to Show Cause on February 24, 1995, advising Ford of its findings as to
the Kentucky Truck Plant facility.
5. Ford denied the allegations contained in the 1994 Notice to Show
Cause and the 1995 Amended Notice to Show Cause as to the Kentucky Truck Plant.
6. Conciliation efforts were unsuccessful. The Kentucky Truck Plant
matter was referred to the Office of the Solicitor for administrative enforcement
on June 25, 1996.
7. OFCCP filed an Administrative Complaint against Ford on March 31,
1997.
8. The parties subsequently engaged in pretrial discovery.
9. On May 20, 1999, a settlement Administrative Law Judge (ALJ) was
appointed pursuant to 29 CFR 18.9(e). The parties met in person or by telephone
several times with the settlement ALJ. This agreement followed those settlement
discussions.
WAYNE TRUCK ASSEMBLY PLANT
10. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's Wayne
Truck Assembly Plant.
11. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Wayne Truck Assembly Plant initiated by OFCCP in
September 1994.
12. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Wayne Truck Assembly Plant.
STERLING AXLE PLANT
13. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's
Sterling Axle Plant.
14. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Sterling Axle Plant initiated by OFCCP in September
1994.
15. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Sterling Axle Plant.
SANDUSKY PLASTICS PLANT
16. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's
Sandusky Plastics Plant.
17. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Sandusky Plastics Plant initiated by OFCCP in
February 1997.
18. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Sandusky Plastics Plant.
KANSAS CITY ASSEMBLY PLANT
19. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's Kansas
City Assembly Plant.
20. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Kansas City Assembly Plant initiated by OFCCP in
October 1994.
21. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Kansas City Assembly Plant.
ST. LOUIS ASSEMBLY PLANT
22. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's St.
Louis Assembly Plant.
23. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's St. Louis Assembly Plant initiated by OFCCP in June
1989.
24. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the St. Louis Assembly Plant.
CONNERSVILLE ELECTRONICS AND REFRIGERATION PLANT
25. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's
Connersville Electronics and Refrigeration Plant.
26. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Connersville Electronics and Refrigeration Plant
initiated by OFCCP in June 1994.
27. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Connersville Electronics and Refrigeration
Plant.
ATLANTA ASSEMBLY PLANT
28. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's
Atlanta Assembly Plant.
29. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Atlanta Assembly Plant initiated by OFCCP in May
1997.
30. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Atlanta Assembly Plant.
NORFOLK ASSEMBLY PLANT
31. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246 and
its implementing regulations at 41 CFR Parts 60-1 through 60-50, at Ford's
Norfolk Assembly Plant.
32. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's Norfolk Assembly Plant initiated by OFCCP in April
1996.
33. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the Norfolk Assembly Plant.
SAN FRANCISCO PARTS DISTRIBUTION CENTER
34. OFCCP initiated an enforcement action against Ford by filing an
Administrative Complaint with the Office of Administrative Law Judges on the date
of filing this Consent Decree. The Complaint alleged that Ford failed to comply
with its obligations as a Government contractor under Executive Order 11246,
Section 503 of the Rehabilitation Act of 1973 (Section 503) and the Vietnam Era
Veterans' Readjustment Assistance Act of 1974 (as amended)(VEVRA) and the
implementing regulations at 41 CFR Chapter 60, at Ford's San Francisco Parts
Distribution Center.
35. The issues resolved by this Consent Decree were identified in a
compliance review of Ford's San Francisco Parts Distribution Center initiated by
OFCCP on May 5, 1998.
36. Ford has waived all procedural prerequisites to the filing of an
administrative complaint regarding the San Francisco Parts Distribution Center.
PART B. GENERAL PROVISIONS
37. This Consent Decree shall constitute the final Administrative Order
in this case, and shall have the same force and effect as an order made after a
full hearing and final review by the Administrative Review Board.
38. This Consent Decree constitutes full and final settlement and
resolution of all issues and claims that actually were presented, or that could
have been presented, in the Administrative Complaints in OFCCP v. Ford
otor Company, 97-OFC-8; OFCCP v. Ford Motor Company, 2000-OFC-
(Wayne Truck Assembly Plant); OFCCP v. Ford Motor Company,
2000-OFC- (Sterling Axle Plant); OFCCP v. Ford Motor Company,
2000-OFC- (Sandusky Plastics Plant); OFCCP v. Ford Motor Company,
2000-OFC- (Kansas City Assembly Plant); OFCCP v. Ford Motor
Company, 2000-OFC- (St. Louis Assembly Plant); OFCCP v. Ford Motor
Company, 2000-OFC- (Connersville Electronics and Refrigeration Plant);
OFCCP v. Ford Motor Company, 2000-OFC- (Atlanta Assembly Plant);
OFCCP v. Ford Motor Company, 2000-OFC- (Norfolk Assembly Plant);
and OFCCP v. Ford Motor Company, 2000-OFC- (San Francisco Parts
Distribution Center).
39. The record forming the basis on which this Consent Decree is entered
shall consist of the Administrative Complaints, this Consent Decree and the
attachments hereto.
40. This Consent Decree shall not become final until it has been signed
by the Administrative Law Judge. The effective date of the Decree shall be deemed
to be three (3) calendar days after it becomes final.
41. The term of this Decree shall be two (2) years. However, in the
event Ford has not satisfied its hiring obligations under this Decree at the
expiration of the two-year term, the Office of Administrative Law Judges shall
retain jurisdiction only for the purpose of the hiring provisions of the Decree
until such time as Ford has satisfied its hiring obligations under the Decree.
42. All further procedural steps to contest the binding effect of this
Decree are waived by the parties.
43. Any right to challenge or contest the validity of the findings and
Order entered into in accordance with the agreements contained in this Consent
Decree is waived by the parties.
44. This Consent Decree does not constitute an admission by Ford of any
form of discrimination or of any violation of Executive Order 11246, Section 503,
VEVRA or the implementing regulations. Ford has entered into this Decree for its
convenience, and to avoid the costs, uncertainties and risks associated with
litigation.
45. It is the express intention of the parties that this Decree shall not
create any rights of action in any third parties, nor shall it be offered in
evidence or otherwise used in any manner by any person, firm, corporation,
entity, organization, or agency of any government in an attempt to prove that
Ford has violated any law, regulation or order, except for proceedings initiated
pursuant to Paragraphs 88-91 of this Decree.
46. This Decree shall be binding on Ford, its successors, assigns,
divisions and subsidiaries, and on OFCCP and its agents, officers and employees.
47. Nothing herein is intended to relieve Ford from compliance with the
requirements of Executive Order 11246, Section 503, VEVRA, or the implementing
regulations, or to limit OFCCP's right under applicable regulations to review
Ford's compliance with such requirements. Compliance with this Decree shall
constitute compliance with Executive Order 11246, Section 503 and VEVRA only with
respect to those issues that are within the scope of this Decree.
48. Ford agrees that OFCCP may review compliance with this Decree, and
will provide OFCCP within a reasonable time with all documents that are
reasonable and are requested by OFCCP. Ford also agrees that, upon reasonable
advance notice, OFCCP may come onsite at any of the facilities covered by this
Decree as is necessary to review compliance with this Decree.
49. Ford agrees that there will be no retaliation of any kind against any
beneficiary of this Decree, or against any person who has provided information or
assistance, or who files a complaint, or who participates in any manner in any
proceeding under Executive Order 11246, Section 503 and VEVRA.
50. OFCCP agrees that, in carrying out its assigned responsibilities, it
will treat Ford in a manner consistent with that of other contractors.
PART C. SPECIFIC PROVISIONS
51. The parties desire to enter into a just and reasonable resolution of
this matter without further proceedings. To that end, they have negotiated in
good faith and have executed this Consent Decree with the following specific
provisions:
Monetary Relief to the Affected Classes
Ford will provide monetary relief in a total amount of three million eight
hundred thousand dollars ($3,800,000.00) to the affected class members, exclusive
of the interest provided pursuant to Paragraph 58. The sum of $3,800,000 is the
maximum amount, exclusive of the interest provided pursuant to Paragraph 58,
Ford will contribute under the terms of this Decree.
52. The affected class members covered by this Decree are defined as
follows:
St. Louis Assembly
All women who completed a Ford application for an entry level assembler position
at St. Louis Assembly during the period January - June 1989 who were not hired at
St. Louis Assembly, and who were not removed from the selection process because
of: (1) failing the drug screen; (2) failing the Ford Hourly Selection System
Test Battery (FHSSTB); (3) a false statement on their application in response to
the question "have you ever been convicted of a crime"; (4) a
conviction record; (5) unfavorable references; (6) a voluntary withdrawal from
the application process; (7) the results of the physical examination; (8) failure
to successfully complete the pre-employment training program; or (9) the results
of the application review.
Kentucky Truck Plant:
All women who completed a Ford application for an entry level assembler position
at Kentucky Truck Plant in 1993 who were not hired at Kentucky Truck Plant, and
who were not removed from the selection process because of: (1) failing the drug
screen; (2) failing the FHSSTB; (3) a false statement on their application in
response to the question have you ever been convicted of a crime; (4) a
conviction record; (5) unfavorable references; (6) a voluntary withdrawal from
the application process; (7) the results of the physical examination; (8) failure
to successfully complete the pre-employment training program; or (9) the results
of the application review.
Wayne Truck
All minorities (as defined in 41 CFR 60-3.4B) and women who completed a Ford
application for an entry level assembler position at Wayne Truck from January 1,
1994, through September 30, 1994, who were not hired at Wayne Truck, and who were
not removed from the selection process because of: (1) failing the drug screen;
(2) failing the FHSSTB; (3) a false statement on their application in response to
the question "have you ever been convicted of a crime;" (4) a
conviction record; (5) unfavorable references; (6) a voluntary withdrawal from
the application process; (7) the results of the physical examination; (8) failure
to successfully complete the pre-employment training program; or (9) the results
of the application review.
Kansas City Assembly
All minorities (as defined in 41 CFR 60-3.4B) and women who completed a Ford
application for an entry level assembler position at Kansas City Assembly in
1993-1994 who were not hired at Kansas City Assembly, and who were not removed
from the selection process because of: (1) failing the drug screen; (2) failing
the FHSSTB; (3) a false statement on their application in response to the
question "have you ever been convicted of a crime;" (4) a conviction
record; (5) unfavorable references; (6) a voluntary withdrawal from the
application process; (7) the results of the physical examination; (8) failure to
successfully complete the pre-employment training program; or (9) the results of
the application review.
Sterling Axle
All women who completed a Ford application for an entry level assembler position
at Sterling Axle in 1993 who were not hired at Sterling Axle and who were not
removed from the selection process because of: (1) failing the drug screen; (2)
failing the FHSSTB; (3) a false statement on their application in response to the
question "have you ever been convicted of a crime"; (4) a conviction
record; (5) unfavorable references; (6) a voluntary withdrawal from the
application process; (7) the results of the physical examination; (8) failure to
successfully complete the pre-employment training program; or (9) the results of
the application review.
Norfolk Assembly
All minorities (as defined in 41 CFR 60-3.4B) and women who completed a Ford
application for an entry level assembler position at Norfolk Assembly in 1995 who
were not hired at Norfolk Assembly and who were not removed from the selection
process because of: (1) failing the drag screen; (2) failing the FHSSTB; (3) a
false statement on their application in response to the question "have you
ever been convicted of a crime"; (4) a conviction record; (5) unfavorable
references; (6) a voluntary withdrawal from the application process; (7) the
results of the physical examination; (8) failure to successfully complete the
pre-employment training program; or (9) the results of the application review.
Sandusky Plastics
All minorities (as defined in 41 CFR 60-3.4B) and women who completed a Ford
application for an entry level assembler position at Sandusky Plastics in 1996
who were not hired at Sandusky Plastics, and who were not removed from the
selection process because of: (1) failing the drug screen; (2) failing the
FHSSTB; (3) a false statement on their application in response to the question
"have you ever been convicted of a crime;" (4) a conviction record; (5)
unfavorable references; (6) a voluntary withdrawal from the application process;
(7) the results of the physical examination; (8) failure to successfully complete
the pre-employment training program; or (9) the results of the application
review.
53. Of the $3,800,000, three million four hundred thousand dollars
($3,400,000.00) shall comprise the total back pay amount inclusive of any
interest on the back pay. This amount shall be allocated to the classes at the
affected Ford facilities identified below as follows:
Kentucky Truck Plant: $2,000,000
(inclusive of interest in the amount of
$386,019);
Norfolk Assembly, Sterling Axle,
Wayne Truck, Sandusky Plastics,
Kansas City Assembly and
St. Louis Assembly: ,400,000
(inclusive of interest in the amount of
$231,224);
The affected class members from Kentucky Truck Plant shall share in the
$2,000,000 amount allocated for that facility on a pro rata basis, i.e.,
individual shares shall be determined by dividing the $2,000,000 amount allocated
to the Kentucky Truck Plant by the number of women in that class for whom OFCCP
provides addresses to Ford pursuant to Paragraph 57. The affected class members
from Norfolk Assembly, Sterling Axle, Wayne Truck, Sandusky Plastics, Kansas City
Assembly and St. Louis Assembly shall share in the ,400,000 amount allocated
for those facilities on a pro rata basis, i.e., individual shares shall be
determined by dividing the ,400,000 allocated to those facilities by the total
number of individuals in the classes for whom OFCCP provides addresses to Ford
pursuant to Paragraph 57. Legal payroll deductions shall be made from each class
member's share of the back pay fund.
54. Ford shall make all reasonable efforts to promptly calculate and make
the payments set forth in Paragraph 53, as more fully set forth in Paragraphs 55-
61 of this Decree.
55. Within twenty (20) calendar days after the effective date of this
Decree, Ford will provide to OFCCP separate computer readable disks listing by
name, social security number, last known address and telephone number and date of
application those individuals who comprise the affected classes, as defined in
Paragraph 52.
56. OFCCP will have six (6) months from receipt of the information
provided by Ford pursuant to Paragraph 55, to locate the class members and
confirm their current addresses. Within twenty (20) calendar days after OFCCP
receives the information provided by Ford pursuant to Paragraph 55, OFCCP shall
send each class member the Notice attached as Appendix A, hereto, and the Class
ember Information Form attached as Appendix B, hereto. Within five (5) business
days after the date on which it mails the Notices and Class Member Information
Forms to the class members, OFCCP shall advise Ford in writing of the date of
that mailing. OFCCP shall use other sources, as appropriate, to locate those
class members for whom Ford does not have current addresses.
57. Within one (1) month after OFCCP receives the information provided
by Ford pursuant to Paragraph 55, and every month for five (5) months thereafter,
OFCCP shall provide to Ford an updated list of the last known addresses of the
affected class members whom OFCCP has located during the past month for each
affected Ford facility. The list which OFCCP forwards to Ford six (6) months
after receiving the information provided by Ford pursuant to Paragraph 55 shall
constitute the last updated address list provided to Ford pursuant to this
paragraph.
58. Within thirty (30) days after receiving from OFCCP the last updated
list pursuant to Paragraph 57 of the last known addresses of the affected class
members, Ford shall send to each class member on that list a check (which shall
include the class member's pro rata share as defined in Paragraph 53, plus six
months' interest on the pro rata share at four (4) percent, less legal payroll
deductions), and a W-2 Form. Ford shall determine the appropriate payroll
deductions for each check.
59. Ford shall notify OFCCP in writing within fifteen (15) calendar days
of the end of each month in which any check is returned as undeliverable to a
class member. OFCCP will have thirty (30) calendar days from receipt of such
notice to locate the specific class member and to inform Ford of a corrected
address so that the check may be remailed. Ford will remail the check by
certified mail within seven (7) calendar days of receiving from OFCCP the
corrected address.
60. Any checks sent to class members but not cashed and thus remaining
unpaid one hundred eighty (180) calendar days after the date pursuant to
Paragraph 58 on which the checks were mailed to the class members, will be void.
Any checks that are remailed to class members will be void 180 days after the
date pursuant to Paragraph 59 on which those checks are remailed. Ford will have
no further obligation under this Decree to pay those amounts represented by the
uncashed checks to class members, OFCCP or any other entity and the funds
represented by those checks shall revert to Ford.
61. Within thirty (30) calendar days following the end of each month in
which the checks described in Paragraphs 58 and 59 are mailed, Ford will notify
OFCCP, in writing, of the names of all class members who were sent checks for
their shares of back pay, including the address to which each check was mailed,
the amount of each check and the date on which each check was mailed.
Hire Obligations
62. Ford shall hire into 100 entry level assembler positions members of
the affected classes before it hires individuals at the affected Ford facilities
who are not affected class members prior to the expiration of the Consent Decree,
or, in the event 100 affected class members have not been hired as of the
expiration of the Decree, prior to the expiration of Ford's Hire Obligations
under the Decree. The positions are to be allocated among the affected Ford
facilities as follows:
Kentucky Truck Plant: 25 positions
For purposes of filling the 25 positions pursuant to this Decree, Kentucky Truck
Plant class members may be offered positions at either the Kentucky Truck Plant
facility or the Louisville Assembly Plant.
Norfolk Assembly: 31 positions
Sterling Axle: 1 position
Wayne Truck: 29 positions
Sandusky Plastics: 2 positions
Kansas City Assembly: 9 positions
St. Louis Assembly: 3 positions
All affected class members hired into entry level assembler positions at any of
the affected Ford facilities or the Louisville Assembly Plant after July 16,
1999, shall be credited towards the total of 100 new hires.
63. Ford shall make job offers to the class members at the affected Ford
facility for which they are listed in the order of the last four digits of the
class members' social security numbers, with the class member with the lowest
four-digit number receiving the first offer. The four-digit numbers, and so the
order of consideration, have been determined based upon applicant information
provided by Ford. Concurrent with Ford's provision to OFCCP of the separate
computer readable disks pursuant to Paragraph 55, a list of the class members for
all affected Ford facilities, except the Kentucky Truck Plant, and their four-
digit numbers shall be provided to OFCCP.
64. In addition to the requirements of Paragraph 63, job offers at the
Kentucky Truck Plant shall be made first to those affected class members whom
Ford determined to have successfully completed the Small Group Assessment
Exercise (KTP Group 1) in the order of the last four digits of the class members'
social security numbers. If Ford has not filled all 25 positions before
exhausting the KTP Group 1 list, it shall offer positions to the remaining
Kentucky Truck Plant affected class members, also in the order of the last four
digits of the class members' social security numbers (KTP Group 2). A list of the
affected class members in KTP Groups 1 and 2 and their four-digit numbers is
attached hereto as Appendix C.
65. Ford may offer positions to individuals who are not affected class
members (outside hires) notwithstanding the requirements of Paragraph 62 only if
operational needs require Ford to fill entry level assembler positions and OFCCP
has not, as of that time, provided a sufficient number of updated addresses or
Ford has not received a sufficient number of responses from affected class
members for that facility, pursuant to Paragraph 57, to meet the operational
need. Ford shall provide OFCCP with written notice within ten (10) days after
offering positions to outside hires, of the following:
a. the facility at which Ford made outside hires;
b. the number of outside hires which Ford made;
c. the date(s) on which Ford made the outside hires;
d. the operational reason(s) which Ford believed necessitated outside
hires at that time; and
e. the efforts made by Ford to fill the positions with affected class
members before making outside hires.
After receiving notice submitted by Ford pursuant to this Paragraph, OFCCP
may make a reasonable request for additional information regarding the necessity
for outside hires.
66. If Ford has not filled all positions allocated for a particular
facility pursuant to Paragraph 62 before exhausting the class member list for
that facility, it will notify OFCCP of that development and will advise and
propose an alternative plan in collaboration with OFCCP on the reallocation of
those positions under the Decree to another affected Ford facility or facilities
at which Ford anticipates that it will be hiring entry level assemblers in the
near future.
67. If Ford anticipates that it will not be hiring entry level assemblers
at an affected facility in the near future, it will advise OFCCP of that
development and will reach agreement with OFCCP on the reallocation of positions
under the Decree to another affected Ford facility or facilities at which Ford
anticipates that it will be hiring entry level assemblers.
68. The individuals listed on the list provided to OFCCP pursuant to
Paragraph 55 and on Appendix C shall be considered by Ford for hire for entry
level assembler positions only after Ford has reinstated all of its employees
who, as of the effective date of this Decree, are entitled to recall to the
assembler job at that facility pursuant to the appropriate collective bargaining
agreement, and at such time as Ford begins to hire new employees for the
assembler position at the affected Ford facility for which the applicant is
listed.
69. When Ford anticipates that it will have openings for the entry level
assembler position at an affected Ford facility, it shall send by certified mail
to class members for that facility, in the order set forth in Paragraph 63 and
64, a letter, attached hereto as Appendix D, and a Ford application. Ford shall
use its discretion to determine how many class members to contact at any given
time based upon the number of assembler positions which it plans to fill. Ford
shall afford those class members to whom it has mailed Ford applications at least
twenty (20) calendar days from receipt of the application in which to complete
the application and return it to Ford.
70. Before any class member is offered employment by Ford pursuant to
this Decree, he or she first must satisfy the following aspects of Ford's
preemployment evaluation procedures:
a. The drug screen which Ford administers to all applicants for
the entry level assembler position;
b. The police record check which Ford conducts for all applicants
for the entry level assembler position;
c. The background employment check which Ford conducts for all
applicants for the entry level assembler position; and
d. Indicate a willingness to work over-time or to do shift work,
including work the third shift.
Before any class member is hired by Ford pursuant to this Decree, he or she
also must satisfy the physical examination which Ford gives to all applicants for
the entry level assembler position.
71. Ford's hiring obligations as to each individual covered by this
Decree shall cease when:
a. He or she has been hired by Ford for the assembler job; or
b. The individual has advised Ford in writing that he or she is
not interested in employment with Ford as an entry level
assembler; or
c. The individual is lawfully rejected for employment based upon
any of the criteria identified in Paragraph 70, above; or
d. The individual does not return to Ford a completed Ford
application within 20 days of receipt or, in the event the
application is timely returned, the individual does not respond
to Ford's subsequent contacts within the reasonable time
periods set by Ford; or
e. The individual fails to report for a drug screen for which he
or she had reasonable notice and an opportunity to reschedule;
or
f. The individual refuses a bona fide offer of employment for the
facility for which he or she is listed, or in the case of the
Kentucky Truck Plant, the individual refuses a bona fide offer
of employment for either the Kentucky Truck Plant or the
Louisville Assembly Plant; or
g. Ford is unable to locate the individual after diligent efforts,
which shall include, but not be limited to, sending notice to
the individual's last known residential address, calling the
individual at the last known residential telephone number, and
contacting the other individual listed on the Class Member
Information Form attached as Appendix B, hereto, as likely to
have knowledge of the individual's whereabouts provided a Class
Member Information Form has been completed and has been
furnished to Ford at the time Ford makes the diligent efforts
otherwise described in this subparagraph; or
h. Ford has hired class members into the entry level assembler
positions allocated for a particular affected Ford facility
before the individual's name came up for consideration.
72. A bona fide offer of employment shall afford the individual at least
two weeks from the date of his or her acceptance before the date he or she must
report to work.
73. A class member hired pursuant to this Decree at an affected Ford
facility who does not successfully complete the 90-day contractual probationary
period shall count towards Ford's satisfaction of its hiring requirement under
this Decree.
74. Each individual hired by Ford pursuant to this Decree shall receive,
from the maximum $3,800,000 that Ford has agreed to contribute pursuant to the
Decree, a one-time payment of four thousand dollars ($4,000), subject to Federal,
state and local withholding. The payment shall be mailed to each eligible
individual by Ford within five (5) working days after that individual is hired by
Ford.
75. Ford shall provide OFCCP with semi-annual reports until such time as
this Consent Decree is dissolved in accordance with the provisions of Paragraph
87, regarding its hiring activity pursuant to this Decree. The first semi-annual
report shall be due seven (7) months after the effective date of this Decree and
shall cover the six (6)-month period of time beginning with the Decree's
effective date. Each subsequent report shall cover the successive six (6)-month
period, and shall be mailed 30 days after the close of that six (6) month period.
Ford shall send the reports to: Director of Program Operations, OFCCP, U.S.
Department of Labor, 200 Constitution Avenue N.W., Room C-3310, Washington, D.C.,
20210. The reports shall contain the following information:
a. name of each individual whom Ford contacted for hire pursuant
to this Decree;
b. The date of Ford's initial contact;
c. The facility for which the individual was considered;
d. Whether the individual was hired, and, if so, the date of hire;
e. For each individual who was hired, the date on which Ford
mailed to that individual the $4,000 payment pursuant to
Paragraph 74; and
f. If the individual was not hired, Ford's reason(s) for that
action, including
1. the stage in the evaluation process during which each
reason arose;
2. the date on which the above stage of the evaluation
process occurred; and
3. The name and job title of each person at Ford who made,
or contributed to, the decision not to hire the affected
class member.
76. Within thirty (30) days following the one hundred eighty (180) day
period allowed for class members to cash their back pay checks, or within thirty
(30) days following the $4,000 payment made to the last class member hired
pursuant to the Hire Obligations provisions of this Decree, whichever occurs
later, Ford or its agent shall furnish to OFCCP a statement of the final balance
remaining in the back pay fund. The fund shall be closed as of the date of that
statement, and the remaining balance shall revert to Ford.
77. The parties may modify any time frame set forth in this Decree by
mutual agreement. In addition, OFCCP or Ford may petition the Administrative Law
Judge to extend any of the above time periods in Paragraph Nos. 55-74 for no more
than thirty (30) days to permit a class member to receive his or her pro rata
share of the monetary relief or consideration for hire where the interest of
justice would be served by such extension and for good cause shown.
Self-Analysis of Hire Activity
78. In determining whether adverse impact exists for each job, Ford shall
rely upon applicant flow, i.e., data reflecting the sex, race and ethnic
breakdowns of applicants and hires for each job, for example, Assembler.
79. Ford shall maintain and have available for each job records or other
information which will disclose the impact which its tests and other selection
procedures have on employment opportunities of persons identified by race, sex
and ethnic group. Records are to be maintained in accordance with 41 CFR 60-1.12
and by sex and the races and ethnic groups set out in 41 CFR 60-3.4B.
80. Adverse impact determinations shall be made at least annually for
each group which constitutes at least two (2) percent of the labor force in the
relevant labor area or two (2) percent of the applicable workforce.
81. Ford shall evaluate at least annually whether its total hiring
selection process for each job has an adverse impact on any of the groups set out
in 41 CFR 60-3.4B. In making this evaluation, Ford shall utilize applicant flow
as the benchmark, consistent with 41 CFR 60-3.4D.
82. The above provisions at Paragraphs 78-81 are not intended to alter
Ford's obligations as a Federal contractor under 41 CFR Parts 60-2 and 60-3.
83. OFCCP agrees to work with Ford to ensure that Ford receives prompt
technical assistance, upon request, regarding its affirmative action and
nondiscrimination obligations as a Federal contractor and to ensure that Ford
understands the bases for the technical assistance which OFCCP provides. OFCCP's
National Director of Program Operations and his designees also are available to
provide Ford with technical assistance, upon request, regarding Ford's
affirmative action and nondiscrimination obligations as a Federal contractor.
84. Every six months for the duration of this Decree, Ford shall submit
to OFCCP a report containing the following information for each affected Ford
facility other than the San Francisco Parts Distribution Center:
a. For the entry-level assembler job, the total number of
applicants and hires during the six-month period;
b. For the entry-level assembler job, the breakdown by applicable
race, sex and ethnic group of applicants and hires;
c. For the entry-level assembler job, the results of Ford's
analysis as to whether its total selection process has adverse
impact using the 80 percent or 4/5's rule on those protected
groups set forth in subparagraph b above.
d. For each case where the total selection process has an adverse
impact using the 80 percent or 4/5's rule, the results of
Ford's evaluation of the individual components of the selection
process for adverse impact;
e. The actions taken by Ford, where action is appropriate, after
determining that any component of the selection process has an
adverse impact on a protected group.
85. The first semi-annual report shall be due nine (9) months after the
effective date of this Decree and shall cover the six (6)-month period of time
beginning with the Decree's effective date. Each subsequent report shall cover
the successive six (6)-month period, and shall be mailed 60 days after the close
of that six (6)-month period. Ford shall send each report to: Director of
Program Operations, OFCCP, U.S. Department of Labor, 200 Constitution Avenue
N.W., Room C-3310, Washington, D.C. 20210.
Outreach at San Francisco Parts Distribution Center
86. Ford agrees that its San Francisco Parts Distribution Center will
develop and implement action-oriented programs to conduct appropriate outreach
and positive recruitment activities to employ veterans, disabled veterans, and
individuals with disabilities. Ford agrees to establish linkages with
appropriate community organizations and to notify them about job openings and job
qualifications; to place affirmative action job order requests for individuals
with disabilities; and to take additional reasonable steps aimed at increasing
the pool of individuals with disabilities, disabled veterans, and veterans if the
above sources are unable to provide sufficient applicants for the job openings.
PART D. IMPLEMENTATION AND ENFORCEMENT OF THE DECREE
87. 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 for a
period of two (2) years from the effective date of the Consent Decree except as
set forth in Paragraph 41.
88. If, at any time after the effective date of this Consent Decree,
OFCCP believes that Ford has violated any portion of the Decree, OFCCP shall
promptly notify Ford of that belief in writing. The notification shall include a
statement of the facts and circumstances relied upon in forming that belief, and
shall be addressed to the attention of Oliver C. Mitchell, Jr., or his successor,
Office of the General Counsel, Ford Motor Company. Ford will have twenty (20)
calendar days in which to respond in writing except where OFCCP alleges and
successfully demonstrates to the Administrative Law Judge that such a delay would
result in irreparable injury.
89. Enforcement proceedings for violation of this Decree may be initiated
at any time after the 20-day period in Paragraph 88 has elapsed (or sooner if
irreparable injury is demonstrated), upon filing with the Administrative Law
Judge a motion for an order of clarification or enforcement and/or sanctions. The
Office of Administrative Law Judges may, if it deems appropriate, schedule an
evidentiary hearing on the motion. The issues in a hearing on the motion shall
relate solely to the issues of the factual and legal claims made in the motion.
90. Liability for violation of this Decree may subject Ford to the
sanctions set forth in the Executive Order and its implementing regulations and
other appropriate relief.
91. If a motion for an order of enforcement or clarification indicates by
signature of counsel that the motion is unopposed by plaintiff or defendant, as
appropriate, the motion may be presented to the Administrative Law Judge 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) calendar days of service of such motion.
92. The Consent Decree shall not supersede to any degree any of Ford's
obligations under any applicable Collective Bargaining Agreement.
93. The Consent Decree herein set forth is hereby approved and shall
constitute the final Administrative Order in this case. IT IS SO ORDERED
ADJUDGED AND DECREED.
DATE: February 16, 2000 ____________________________________
HONORABLE JOHN M. VITTONE
Chief Administrative Law Judge
AGREED AND CONSENTED TO:
ON BEHALF OF PLAINTIFF OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
HENRY L. SOLANO
Solicitor
GARY M. BUFF
Deputy Associate Solicitor
RICHARD L. GILMAN
Senior Trial Attorney
BEVERLY DANKOWITZ
KAREN MILLER-KUWANA
SARAH CRAWFORD
ALEXANDRA TSIROS
Attorneys
United States Department of Labor
200 Constitution Avenue, N.W.
Room N-2464
Washington, D.C. 20210
(202) 219-8000
By: _______________________
RICHARD L. GILMAN
ON BEHALF OF DEFENDANT FORD MOTOR COMPANY
By: _______________________________
THOMAS DeZURE
Assistant Secretary
Ford Motor Company
__________________________________
HONORABLE MICHAEL P. LESNIAK
Administrative Law Judge
Settlement Judge
APPENDIX A
NOTIFICATION OF ENTRY OF CONSENT DECREE
VIA CERTIFIED MAIL
[DATE]
Class Member
Current Address
Anytown, XX
Re: IMPORTANT NOTICE
OFCCP v. Ford Motor Company, Case No. 97-OFC-08
Dear Class Member:
The United States Department of Labor, Office of Federal Contract Compliance
Programs ("OFCCP") and Ford Motor Company ("Ford") have been
involved in a legal dispute relating to Ford's hiring practices for the period
January 1, 1993 through December 31, 1993. You have been identified as one of the
individuals who applied for an entry level assembler position at Ford's Kentucky
Truck Plant during that time period, but who were not hired.
As part of the settlement agreement to resolve this dispute, Ford has agreed to
pay you at least $_______. This award is subject to lawful payroll deductions,
so the amount you receive will be reduced by deductions for items such as income
tax withholding and Social Security contributions. Under the terms of this
settlement, you may receive the monetary award up to eight months from the
date of this letter.
By settling this dispute, Ford has not admitted nor has there been any
adjudicated finding that Ford discriminated against you or any other applicant in
hiring for the assembler position. Rather, Ford has entered into this settlement
agreement for its convenience and to resolve the matter without further legal
proceedings.
To be eligible to receive the above amount, please complete the enclosed
Class Member Information Form and return it to me in the enclosed self-addressed
and stamped envelope within thirty (30) days from your receipt of this letter.
This form will provide us with the information necessary to confirm our records
and to ensure that you receive your check. Please complete this Class Member
Information Form and return it within the thirty day period even if you
have previously completed and returned such a form and/or contacted our office to
provide us with your address and phone number.
It is also important that we continue to have your current address, so that the
check is mailed to the correct address. If you move at any time after you
return the Class Member Information Form, please provide us with an updated
address. You can update your contact information or ask questions about the
settlement procedure by leaving a message on the Department of Labor's Ford
Settlement Hotline at (202) 219-7999, ext. 112, or you can write to:
Attn: Ford Settlement
U.S. Department of Labor
Division of Civil Rights
200 Constitution Avenue, N.W
Room N2464
Washington, D.C. 20210
In addition to the above monetary settlement, you may be considered for
future employment as an entry level assembler at Ford as positions become
available. A limited number of entry level assembler positions will be filled by
class members; therefore, not all class members will be contacted for employment.
There is no pre-determined time frame in which those class members will be
contacted. In the event that you are considered for such employment, you will be
provided with an opportunity to complete a current employment application for the
assembler position. If you are hired as an entry level assembler at Ford
pursuant to this settlement, your hire date for all seniority purposes
will be the date on which you actually begin work at Ford as an entry level
assembler.
Please refrain from contacting OFCCP or Ford to inquire about the status of your
monetary award or the possibility of a job opportunity, as you will be contacted
by mail when your award is distributed or if a position should become available.
Your anticipated cooperation in this matter is greatly appreciated.
Sincerely,
Sarah Crawford
Trial Attorney
United States Department of Labor
Enclosure
APPENDIX B
CLASS MEMBER INFORMATION FORM
OFCCP v. Ford Motor Company
Name: _________________________________________
Other Name(s) Used:
(include unmarried name) _________________________________________
Social Security Number: _________________________________________
Date of Birth: _________________________________________
Address: _________________________________________
Street
_________________________________________
City State Zip code
Home Telephone Number: _________________________________________
Area Code Phone number
Work Telephone Number: _________________________________________
Area Code Phone number
Person who will know how to contact you if you move:
Name: _________________________________________
Address: _________________________________________
Street
_________________________________________
City State Zip code
Telephone Number: _________________________________________
____________ _____________________________
DATE YOUR SIGNATURE
PLEASE MAIL THIS FORM TO:
Name
U.S. Department of Labor
200 Constitution Avenue N.W.
Room N-2464
Washington, D.C. 20210
[Editor's Note: Appendix C, a nine page list of affected class members and their
partial Social Security Numbers, has been redacted from this electronic version
of the Consent Decree.]
DRAFT
APPENDIX D
NOTICE TO CLASS MEMBERS OF OPPORTUNITY TO
REAPPLY FOR ENTRY LEVEL ASSEMBLER POSITION AT FORD MOTOR COMPANY
VIA CERTIFIED MAIL
[Date]
[Class Member]
[Street]
[City, State Zip]
Subject: IMPORTANT NOTICE
OFCCP v. Ford Motor Co.
Dear Class Member:
By letter dated [date], you were notified that a settlement had been reached in a
matter in litigation between the United States Department of Labor, Office of
Federal Contract Compliance Programs ("OFCCP"), and Ford Motor Company
("Ford"). In that letter, you were informed that, as part of the
agreement in that matter, you may be given an opportunity to complete a current
application for an entry level assembler position with Ford.
Enclosed is a Ford employment application. If you want to be considered for an
entry level assembler position at [Ford plant] in the event vacancies occur,
please complete the enclosed application form and return it to me at the above
address within twenty (20) days of receiving it. Only those applications
which are timely received and which are completed fully will be considered.
It is not certain that you will receive a job offer. In the event that you are
contacted by Ford for further evaluation, you may be asked to undergo a drug
test, a physical examination, a police record check, an employment background
check, and/or a probationary period. If you are offered a position, you will
likely be expected to work overtime, and you may be assigned to a night or
weekend shift. If you decline to accept a job offer from Ford, you will not be
considered for any additional positions at Ford under this settlement, although
you may reapply later on your own. If you accept a job offer and successfully
complete your probationary period, you will be entitled to additional monetary
relief, in accordance with the terms of the settlement.
If you have any questions regarding the application form or this letter, you may
contact [Name], Ford Human Resources Representative, at [phone number].
Sincerely,
[Name of Ford Representative]
[Position]
Enclosure
