United Steelworkers Of America v. Weber

443 U.S. 193 (1979)

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Nature of the Case

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Facts

The United Steelworkers of America (USWA) and Kaiser Aluminum & Chemical Corp. (Kaiser) entered into a master collective-bargaining agreement covering terms and conditions of employment at 15 Kaiser plants. The parties agreed upon an affirmative action plan designed to eliminate conspicuous racial imbalances in Kaiser's then almost exclusively white craftwork forces. Black craft-hiring goals were set at an amount equal to the percentage of blacks in the respective local labor forces. On-the-job training programs were established to teach unskilled production workers -- black and white -- the skills necessary to become craftworkers. Black employees were allocated 50% of the openings in these newly created in-plant training programs. Until 1974, Kaiser hired craftworkers who had prior craft experience. Because blacks had long been excluded from craft unions, few were able to qualify. Only 1.83% (5 out of 273) of the skilled craftworkers were black, even though the work force in the Gramercy area was approximately 39% black. Selection of craft trainees was made on the basis of seniority, with the proviso that at least 50% of the new trainees were to be black until the percentage of black skilled craftworkers in the plant approximated the percentage of blacks in the local labor force. The most senior black selected into the program had less seniority than several white production workers whose bids for admission were rejected. P was rejected and instituted this class action. P, senior to all the black trainees, alleged discrimination against him and other similarly situated white employees in violation of §§ 703 (a) of Title VII. The court agreed with P and granted a permanent injunction prohibiting Kaiser and the USWA 'from denying Ps access to on-the-job training programs on the basis of race. The Court of Appeals affirmed, holding that all employment preferences based upon race, including those preferences incidental to bona fide affirmative action plans, violated Title VII's prohibition against racial discrimination in employment. Ds appealed.