Opinion
NO. C-75-2062 VRW
February 20, 2002
Attorneys for Plaintiffs, ALBERTA M. BLUMIN, State Bar No. 65241, DAYLEY BLUMIN, L.L.P. Oakland, California.
Attorneys for Defendant, SANDRA RAE BENSON, State Bar No. 121324 THEODORE FRANKLIN, State Bar No. 168305, VAN BOURG, WEINBERG, ROGER ROSENFELD A Professional Corporation Oakland, California. JAMES P. WATSON, Bar No. 046127, SUSAN J. OLSON, Bar No. 152467, STANTON, KAY WATSON, LLP San Francisco, California.
STIPULATION AND ORDER TERMINATING AFFIRMATIVE RELIEF PROVISIONS OF FINAL ORDER IMPLEMENTING RELIEF
IT IS HEREBY STIPULATED by and between Alberta M. Blumin, for and on behalf of the Plaintiffs class, and Sandra Rae Benson of Van Bourg, Weinberg, Roger Rosenfeld and Susan Olson of Stanton, Kay Watson, for and on behalf of the Defendant, as follows:
WHEREAS, the Final Order Implementing Relief, "permanently enjoined" the Defendant Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee (now termed the "Carpenters Training Committee" or "CTC") "from using the hunting license system" and "eliminated" it; and
WHEREAS, the panel from the United States Court of Appeals for the Ninth Circuit in Eldredge v. Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee, 94 F.3d 1366, 1372 (9th Cir. 1996), cert. denied, 520 U.S. 1187, 137 L.Ed.2d 683, 117 S.Ct. 1470 (1997), retained jurisdiction of this case and ordered that the hunting license system be eliminated; and
WHEREAS, the Final Order Implementing Relief, as amended and clarified by Judge Legge, requires the Defendant Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee (hereinafter the "CTC") to attain twenty percent (20%) female participation in its apprenticeship program who have actually worked three (3) or more hours and to maintain that twenty percent (20%) female participation in the apprenticeship program for a period of three (3) consecutive months in order to meet the goals established by the Ninth Circuit Court of Appeals in this matter; and
WHEREAS the Final Order Implementing Relief, as amended and clarified by Judge Legge permits either party, upon attainment of the goal, to move for termination of the affirmative relief portions of the Final Order;
The Parties hereby stipulate that, with the exception of that provision of the Final Order Implementing Relief which permanently enjoins Defendant CTC from using the "hunting license" system (also known as the "letter of subscription" system) as a selection method for indenture into the CTC apprenticeship program, the FinaJ Order Implementing Relief is hereby terminated. The Parties further agree that this Court retains jurisdiction for purposes of enforcing the permanent injunction against Defendant CTC's use of the "hunting license" system as a selection method for indenture into its apprenticeship program.
Dated: 2/19/02 DAYLEY BLUMIN, L.L.P.
By: _________________ ALBERTA M. BLUMIN Attorneys for Plaintiffs
Dated: 2/20/02 STANTON, KAY WATSON, L.L.P.
By: _________________ JAMES P. WATSON SUSAN J. OLSON Attorneys for Defendant
Dated: 2/19/02 VAN BOURG, WEINBERG, ROGER ROSENFELD A Professional Corporation
By: _________________ SANDRA RAE BENSON Attorneys for Defendants
ORDER
Based upon the Stipulation of the parties and the Nineteenth Report of the Monitor verifying that the Defendant Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee (now termed the "Carpenters Training Committee" or "CTC") has met and exceeded the goals established in the Final Order Implementing Relief in this case, and the orders of the Ninth Circuit in Eldredge v. Carpenters 46 Northern California Counties Joint Apprenticeship and Training Committee, 94 F.3d 1366, 1372 (9th Cir. 1996), cert. denied, cert. denied, 520 U.S. 1187, 137 L.Ed.2d 683, 117 S.Ct. 1470 (1997), and good cause appearing therefor:IT IS HEREBY ORDERED that:
1. Defendant CTC is permanently enjoined from using the "hunting license" system (also known as "letter of subscription" system) as a selection method for indenture into its apprenticeship program.
2. The Court retains jurisidiction to enforce the permanent injunction against the use of the "hunting license" system (also known as "letter of subscription" system) as a selection method for indenture into its apprenticeship program.
3. In all other respects, the Final Order Implementing Relief is terminated.