California Brewers Assn. v. Bryant
Opinion of the Court
delivered the opinion of the Court.
Title VII of the Civil Rights Act of 1964
“[I]t shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority . . . system, . . . provided that such differences are not the result of an intention to discriminate because of race....”
In Teamsters v. United States, 431 U. S. 324, 352, the Court held that “the unmistakable purpose of § 703 (h) was to make clear that the routine application of a bona fide seniority system would not be unlawful under Title VII . . . even where the employer’s pre-Act discrimination resulted in whites having greater existing seniority rights than Negroes.”
The present case concerns the application of § 703 (h) to a particular clause in a California brewery industry collective-bargaining agreement. That agreement accords greater benefits to “permanent” than to “temporary” employees, and the
I
In 1973, respondent Bryant (hereafter respondent), a Negro, filed a complaint in the United States District Court for the Northern District of California, on behalf of himself and other similarly situated Negroes, against the California Brewers Association and seven brewing companies (petitioners here), as well as against several unions. The complaint alleged that the defendants had discriminated against the respondent and other Negroes in violation of Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq., and in violation of 42 U. S. C. § 1981.
The complaint, as amended, alleged that the respondent had been intermittently employed since May 1968 as a temporary employee of one of the defendants, the Falstaff Brewing Corp. It charged that all the defendant employers had discriminated in the past against Negroes, that the unions had acted in concert with the employers in such discrimination, and that the unions had discriminated in referring applicants from hiring halls to the employers. The complaint further asserted that this historical discrimination was being perpetuated by the seniority and referral provisions of the collective-bargaining agreement (Agreement) that governed
The Agreement is a multiemployer collective-bargaining agreement negotiated more than 20 years ago, and thereafter updated, by the California Brewers Association (on behalf of the petitioner brewing companies) and the Teamsters Brewery and Soft Drink Workers Joint Board of California (on behalf of the defendant unions). The Agreement establishes several classes of employees and the respective rights of each with respect to hiring and layoffs. Three of these classes are pertinent here: “permanent,” “temporary,” and “new” employees.
A permanent employee is “any employee . . . who . . . has completed forty-five weeks of employment under this Agreement in one classification [
The rights of employees with respect to hiring and layoffs depend in substantial part on their status as permanent, temporary, or new employees.
The Agreement also gives permanent employees special “bumping” rights. If a permanent employee is laid off at any plant subject to the Agreement, he may be dispatched by the union hiring hall to any other plant in the same local area with the right to replace the temporary or new employee with the lowest plant seniority at that plant.
Finally, the Agreement provides that each employer shall obtain employees through the local union hiring hall to fill needed vacancies. The hiring hall must dispatch laid-off workers to such an employer in the following order: first, employees of that employer in the order of their seniority with that employer; second, permanent employees registered in the area in order of their industry seniority; third, temporary employees in the order of their seniority in the industry; and
The District Court granted the defendants’ motions to dismiss the complaint for failure to state a claim on which relief could be granted. No opinion accompanied this order. A divided panel of the Court of Appeals reversed, 585 F. 2d 421, concluding that the 45-week rule is not a “seniority system” or part of a “seniority system” within the meaning of § 703 (h) of Title VII. In the appellate court’s view the provision “lacks the fundamental component of such a system” which is “the concept that employment rights should increase as the length of an employee’s service increases.” 585 F. 2d, at 426. The court pointed out that under the Agreement some employees in the industry could acquire permanent status after a total of only 45 weeks of work if those weeks were served in one calendar year, while others “could work for many years and never attain permanent status because they were always terminated a few days before completing 45 weeks of work in any one year.” Id., at 426-427.
The Court of Appeals concluded that “while the collective bargaining agreement does contain a seniority system, the 45-week provision is not a part of it.” Id., at 427:
*604 “The 45-week rule is simply a classification device to determine who enters the permanent employee seniority line and this function does not make the rule part of a seniority system. Otherwise any hiring policy (e. g., an academic degree requirement) or classification device (e. g., merit promotion) would become part of a seniority system merely because it affects who enters the seniority line.” Id., at 427, n. 11.8
Title VII does not define the term “seniority system,” and no comprehensive definition of the phrase emerges from the legislative history of § 703 (h) .
In the area of labor relations, “seniority” is a term that connotes length of employment.
Viewed as a whole, most of the relevant provisions of the Agreement before us in this case conform to these core concepts of “seniority.” Rights of temporary employees and rights of permanent employees are determined according to length of plant employment in some respects, and according to length of industry employment in other respects. Notwithstanding this fact, the Court of Appeals concluded that the 45-week rule should not be viewed, for purposes of § 703 (h), as part of what might otherwise be considered a “seniority system.” For the reasons that follow, we hold that this conclusion was incorrect.
First, by legislating with respect to “systems”
Second, Congress passed the Civil Rights Act of 1964 against the backdrop of this Nation’s longstanding labor policy of leaving to the chosen representatives of employers and employees the freedom through collective bargaining to establish conditions of employment applicable to a particular business or industrial environment. See generally Steelworkers v. Weber, 443 U. S. 193. It does not behoove a court to second-guess either that process or its products. Porter Co. v. NLRB, 397 U. S. 99. Seniority systems, reflecting as they do, not only the give and take of free collective bargaining, but also the specific characteristics of a particular business or industry, inevitably come in all sizes and shapes. See Ford Motor Co. v. Huffman, 345 U. S. 330; Aeronautical Lodge v. Campbell, 337 U. S. 521. As we made clear in the Teamsters case, seniority may be “measured in a number of ways” and the legislative history of § 703 (h) does not suggest that it was enacted to prefer any particular variety of seniority system over any other. 431 U. S., at 355, n. 41.
What has been said does not mean that § 703 (h) is to be given a scope that risks swallowing up Title YII’s otherwise broad prohibition of “practices, procedures, or tests” that disproportionately affect members of those groups that the Act protects. Significant freedom must be afforded employers and unions to create differing seniority systems. But that freedom must not be allowed to sweep within the ambit of § 703 (h) employment rules that depart fundamentally from commonly accepted notions concerning the acceptable contours of a seniority system, simply because those rules are dubbed “seniority” provisions or have some nexus to an arrangement that concededly operates on the basis of seniority.
The application of these principles to the case at hand is straightforward. The Agreement sets out, in relevant part, two parallel seniority ladders. One allocates the benefits due temporary employees; the other identifies the benefits owed permanent employees. The propriety under § 703 (h) of such parallel seniority tracks cannot be doubted after the Court’s decision in the Teamsters case. The collective-bargaining agreement at issue there allotted one set of benefits according to each employee’s total service with the company, and another set according to each employee’s service in a particular job category. Just as in that case the separation of seniority tracks did not derogate from the identification of the provisions as a “seniority system” under § 703 (h), so in the present case the fact that the system created by the Agreement establishes two or more seniority ladders does not prevent it from being a “seniority system” within the meaning of that section.
The 45-week rule, correspondingly, serves the needed function of establishing the threshold requirement for entry into the permanent-employee seniority track. As such, it performs the same function as did the employment rule in Teamsters that provided that a line driver began to accrue seniority for certain purposes only when he started to work as a line driver, even though he had previously spent years as a city driver for the same employer. In Teamsters, the Court expressed no reservation about the propriety of such a threshold rule for § 703 (h) purposes. There is no reason why the 45-week threshold requirement at issue here should be considered any differently.
The 45-week rule does not depart significantly from commonly accepted concepts of “seniority.” The rule is not an educational standard, an aptitude or physical test, or a stand
Moreover, the rule does not distort the operation of the basic system established by the Agreement, which rewards employment longevity with heightened benefits. A temporary employee’s chances of achieving permanent status increase inevitably as his industry employment and seniority accumulate. The temporary employees with the most industry seniority have the first choice of new jobs within the industry available for temporary employees. Similarly, the temporary employees with the most plant seniority have the first choice of temporary employee jobs within their plant and enjoy the greatest security against “bumping” by permanent employees from nearby plants. As a general rule, therefore, the more seniority a temporary employee accumulates, the more likely it is that he will be able to satisfy the 45-week requirement. That the correlation between accumulated industry employment and acquisition of permanent employee status is imperfect does not mean that the 45-week requirement is not a component of the Agreement’s seniority system. Under any seniority system, contingencies such as illnesses and layoffs may interrupt the accrual of seniority and delay realization of the advantages dependent upon it.
For these reasons, we conclude that the Court of Appeals was in error in holding that the 45-week rule is not a component of a “seniority system” within the meaning of § 703 (h) of Title VII of the Civil Rights Act of 1964. In the District Court the respondent will remain free to show that, in respect to the 45-week rule or in other respects, the se
For the reasons stated, the judgment before us is vacated, and the case is remanded to the Court of Appeals for the Ninth Circuit for further proceedings consistent with this opinion.
It is so ordered.
78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq.
United Air Lines, Inc. v. Evans, 431 U. S. 553, extended this holding to preclude Title VII challenges to seniority systems that perpetuated the effects of discriminatory post-Act practices that had not been the subject of a timely complaint. See also Teamsters v. United States, 431 U. S., at 348, n. 30.
The complaint also alleged, under 29 U. S. C. §§ 159 and 185, that the union defendants had breached their duty of fair representation by, among other things, negotiating “unreasonable privileges for some employees over others. . .
In this Court, the respondent emphasizes that he has not contended that there is anything illegal in classifying employees as permanent and temporary or in according greater rights to permanent than to temporary employees. His sole Title VII challenge in this respect has been to the 45-week rule on its face and as it has been applied by the defendant unions and employers.
The Agreement classifies employees into brewers, bottlers, drivers, shipping and receiving clerks, and checkers. Under the Agreement, separate seniority lists have to be maintained for each of these classifications of employees. The respondent is a brewer.
An employee may also lose permanent status if he “quits the industry” or is discharged for certain specified reasons.
In addition, permanent employees are given preference over temporary employees with respect to various other employment matters, such as the right to collect supplemental unemployment benefits upon layoff, wages and vacation pay, and choice of vacation times.
The Court of Appeals also observed that “the 45-week requirement makes the system particularly susceptible to discriminatory application since employers and unions can manipulate their manpower requirements and employment patterns to prevent individuals who are disfavored from
The Court of Appeals directed the trial court on remand to consider as well the respondent’s claims -under 42 U. S. C. § 1981 and 29 U. S. C. §§ 159 and 185.
See 110 Cong. Rec. 1518, 5423, 7207, 7213, 7217, 12723, 15893 (1964). The example of a “seniority system” most frequently cited in the congressional debates was one that provided that the “last hired” employee would be the “first fired.” Nowhere in the debates, however, is there any suggestion that this model was intended to be anything other than an illustration.
See Tram World Airlines, Inc. v. Hardison, 432 U. S. 63; United Air Lines, Inc. v. Evans, 431 U. S. 553; Teamsters v. United States, 431 U. S. 324; Franks v. Bowman Transportation Co., 424 U. S. 747.
Webster’s Third New International Dictionary 2066 (unabridged ed. 1961) defines “seniority,” in pertinent part, as the “status attained by length of continuous service ... to which are attached by custom or prior collective agreement various rights or privileges ... on the basis of ranking relative to others. ...”
A collective-bargaining agreement could, for instance, provide that transfers and promotions are to be determined by a mix of seniority and other factors, such as aptitude tests and height requirements. That the “seniority” aspects of such a scheme of transfer and promotion might be covered by § 703 (h) does not mean that the aptitude tests or the height requirements would also be so covered.
See E. Beal, E. Wickersham, & P. Kienast, The Practice of Collective Bargaining 430-431 (1972); Cooper & Sobol, Seniority and Testing Under Fair Employment Laws: A General Approach to Objective Criteria of Hiring and Promotion, 82 Harv. L. Rev. 1598, 1602 (1969); Aaron, Reflections on the Legal Nature and Enforceability of Seniority Rights, 75 Harv. L. Rev. 1532, 1534 (1962).
Webster’s Third New International Dictionary 2322 (unabridged ed. 1961) defines “system,” in pertinent part, as a “complex unity formed of many often diverse parts subject to a common plan or serving a common purpose.”
See generally S. Slichter, J. Healy, & E. Livemash, The Impact of Collective Bargaining on Management 115-135 (1960).
By way of example, a collective-bargaining agreement could specify that an employee begins to accumulate seniority rights at the time he commences employment with the company, at the time he commences employment within the industry, at the time he begins performing a particular job function, or only after a probationary period of employment.
For example, a collective-bargaining agreement could provide that accumulated seniority rights are permanently forfeited by voluntary resignation, by severance for cause, or by nonemployment at a particular plant or in the industry for a certain period.
For instance, the time an employee works in the industry or with his current employer might not be counted for the purpose of accumulating seniority rights, whereas the time the employee works in a particular job classification might determine his seniority.
By way of example, a, collective-bargaining agreement could provide that an employee's seniority will govern his entitlement to vacation time and his job security in the event of layoffs, but will have no influence on promotions or job assignments.
The examples in the text of the types of rules necessary to the operation of a seniority system are not intended to and do not comprise an exhaustive list.
There are indications in the record of this case that a long-term decline in the California brewing industry’s demand for labor is a reason why the accrual of seniority as a temporary employee has not led more automatically to the acquisition of permanent status. But surely, what would be part of a “seniority system” in an expanding labor market does not become something else in a declining labor market.
Dissenting Opinion
with whom Mr. Justice Brennan and Mr. Justice Blackmun join, dissenting.
In the California brewing industry, an employee’s rights and benefits are largely dependent on whether he is a “permanent” employee within the meaning of the collective-bargaining agreement. Permanent employees are laid off after all other employees. If laid off at one facility, a permanent employee is permitted to replace the least senior nonperma-nent employee at any other covered facility within the local area. Permanent employees are selected before temporary employees to fill vacancies. They have exclusive rights to supplemental unemployment benefits upon layoff and receive higher wages and vacation pay for the same work performed by other employees. Permanent employees have first choice of vacation times, less rigorous requirements for qualifying for holiday pay, exclusive access to veterans’ reinstatement and seniority rights, and priority in assignment of overtime work among bottlers.
According to respondent Bryant’s complaint, no Negro has ever attained permanent employee status in the California brewing industry.
I
Neither Title VII nor its legislative history provides a comprehensive definition of the term “seniority system.”
The concept of “seniority” is not a complicated one. The fundamental principle, as the Court recognizes, ante, at 606, is that employee rights and benefits increase with length of service. This principle is reflected in the very definition of the term, as found in dictionaries'
It is hardly surprising that seniority has uniformly been defined in terms of cumulative length of service. No other definition could accord with the policies underlying the recognition of seniority rights. A seniority system provides an objective standard by which to ascertain employee rights and protections, thus reducing the likelihood of arbitrariness or caprice in employer decisions. At the same time, it promotes stability and certainty among employees, furnishing a predictable method' by which to measure future employment position. See, e. g., Sayles, Seniority: An Internal Union Problem, 30 Harv. Bus. Rev. 55 (1952); C. Golden & H. Ruttenberg, The Dynamics of Industrial Democracy 128-131 (1973); Cooper & Sobol, supra, at 1604^1605.
The Court concedes this general point, recognizing that a “ 'seniority system’ is a scheme that, alone or in tandem with non-'seniority’ criteria, allots to employees ever improving employment rights and benefits as their relative lengths of pertinent employment increase.” Ante, at 605-606 (footnote omitted). In my view, that concession is dispositive of this case. The principal effect of the 45-week requirement is to ensure that employee rights and benefits in the California
The Court avoids this conclusion by little more than assertion. It observes that the 45-week rule acts as a threshold requirement for entry onto the seniority track composed of permanent employees, but eliminates the force of that observation with the inevitable concession that such threshold requirements are not necessarily entitled to § 703 (h) exemption.
The Court’s analysis, of course, is largely dependent on its conclusion that since the 45-week requirement is one measured by time of service, it does not depart from common concepts of seniority. That conclusion, however, is foreclosed by the Court’s own definition of a seniority system as one in which employee rights increase with cumulative length of
Nor is there much force to the suggestion that the 45-week requirement somehow becomes part of a seniority system because permanent employee status is more easily achieved by the more senior temporary employees. I could agree with the Court's decision if petitioners demonstrated that the collective-bargaining agreement actually operates to reward employees in order of cumulative length of service. But at this stage of the litigation there is no evidence that temporary employees attain permanent status in a way correlating even roughly with total length of employment. The mere possibility that senior temporary employees are more likely to work for 45 weeks is, in my view, insufficient.
II
Since the 45-week rule operates as a threshold requirement with no relation to principles of seniority, I believe that the rule is for analytical purposes no different from an educational standard or physical test which, as the Court indicates, is plainly not entitled to § 703 (h) exemption. Accordingly, I think it clear that the 45-week requirement is not part of a “seniority system” within the meaning of § 703 (h). But if the question were perceived to be close, I would be guided by the familiar principle that exemptions to remedial statutes should be construed narrowly. “To extend an exemption to other than those plainly and unmistakably within its terms and spirit is to abuse the interpretative process and to frustrate the announced will of the people.” Phillips Co. v. Walling, 324 U. S. 490, 493 (1945). See, e. g., Group Life & Health Ins. Co. v. Royal Drug Co., 440 U. S. 205, 231 (1979); Abbott Laboratories v. Portland Retail Druggists Assn., 425 U. S. 1, 12 (1976); Peyton v. Rowe, 391 U. S. 54, 65 (1968). The effect of § 703 (h) is to exempt seniority systems from the general prohibition on practices which perpetuate the effects of racial discrimination. This exception is a limited one in derogation of the overarching purpose of Title VII, “the integration of blacks into the mainstream of American society,” Steelworkers v. Weber, 443 U. S. 193, 202 (1979). A statute designed to remedy the national disgrace of discrimination in employment should be interpreted generously to comport with its primary purpose; exemptions should be construed narrowly so as not to undermine the effect of the general prohibition. Today the Court not only refuses to apply this familiar principle of statutory construction, it does not even acknowledge it.
In the present procedural posture of the case, of course, the allegations of the complaint must be accepted as true.
The legislative history does, however, provide a bit more guidance than the Court admits. The fact that the sole example of a seniority system given in the congressional debates is one in which rights increase with cumulative length of service is at least suggestive. See ante, at 605, n. 10.
See, e. g., Webster’s Third New International Dictionary 2066 (unabridged ed. 1961) (“a status attained by length of continuous service
See, e. g., Roberts’ Dictionary of Industrial Relations 390 (1966) (“The length of service an individual employee has in the plant. . . . The seniority principle rests on the assumption that the individuals with the greatest length of service within the company should be given preference in employment”); United States Department of Labor, Bureau of Labor Statistics, Bulletin No. 908-11, p. 1 (1949) (“A seniority program aims to provide maximum security in employment to those with the longest service”); E. Dangel & I. Shriber, The Law of Labor Unions § 15 (1941) (“Seniority ... is an employment advantage in the matter of the choice of and the right to work in one’s occupation on the basis of an employee’s length of service”); BNA, Collective Bargaining Contracts, Techniques of Negotiation and Administration with Topical Classification of Clauses 488 (1941) (“The term [seniority] refers to length of service with the employer or in some division of an enterprise”); Meyers, The Analytic Meaning of Seniority, Industrial Relations Research Association, Proceedings of Eighteenth Annual Meeting 194 (1966) (“Seniority is the application of the criterion of length of service for the calculation of relative equities among employees”); McCaffrey, Development and Administration of Seniority Provisions, Proceedings of New York University Second Annual Conference on Labor 132 (1949) (“seniority may be defined as the length of company-recognized service as applied to certain employer-employee relationships”) ; Christenson, Seniority Rights Under Labor Union Working Agreements, 11 Temp. L. Q. 355 (1937) (“seniority is a rule providing that employers promote, lay-off and re-employ labor, according to length of previous service”). Cf. P. Selznick, Law, Society, and Industrial Justice 203 (1969) (referring to the “ 'rather general feeling that a worker who has spent many years on his job has some stake in that job and in the business of which it is a part’ ”).
Indeed, the agreement expressly provides that a permanent employee laid off at one facility will replace (or “bump”) the temporary employee with the lowest plant seniority, even if that employee has more industry seniority than others. As a result, temporaries who are relatively senior in terms of industry seniority may have less opportunity to work 45 weeks in a calendar year than temporaries with less industry seniority but more plant seniority. Thus, it is simply not true that temporary employees obtain permanent employee status in order of cumulative length of employment, for the requisite 45 weeks is computed on the basis of service in the industry rather than in particular plants.
The Court acknowledges this point, ante, at 610, n. 22, but responds that a system which would fall within § 703 (h) in an expanding labor market does not lose that status by virtue of the fact that the labor market is contracting. In the Court’s words, however, the question is whether the 45-week rule is a part of a seniority system because it “allots to employees ever improving employment rights and benefits as their relative lengths of pertinent employment increase.” In that context it is
As the Court’s own analysis suggests, the 45-week provision is entirely different from the seniority provisions involved in Teamsters v. United States, 431 U. S. 324 (1977). At issue in that case was a seniority system granting some benefits on the basis of an employee’s cumulative length of service with the company, and others on the basis of cumulative length of service in a particular job category. In both cases employee rights and benefits depended on total length of service in the relevant unit, not on the length of service within a calendar year.
For example, there can be no serious question that a provision making permanent status dependent on 7 days of work per week, or 12 hours per day, would not be part of a “seniority system” within the meaning of §703 (h).
I could understand, although I do not favor, a decision remanding this case for factual findings on the question whether temporary employees in fact acquire permanent status and, if so, whether they do so in order of cumulative length of service. In my view, it is extraordinary for the Court to conclude, in a factual vacuum and on the authority of nothing other than petitioners' word, that “the rule does not distort the operation of the basic system established by the Agreement, which rewards employment longevity with heightened benefits.” See also n. 5, supra.
To decide this case we are not required to offer a complete definition of the term “seniority system” within the meaning of § 703 (h). Nor are we called upon to canvass and evaluate rules “ancillary” to seniority systems. The question whether all of the rules listed by the Court, ante, at 607, nn. 17-20, are part of a seniority system is not at all easy, and the Court’s own reasoning demonstrates that its discussion of those rules is gratuitous and does little to advance analysis of the 45-week requirement. That requirement serves none of the functions of an “ancillary” rule.
Reference
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- CALIFORNIA BREWERS ASSN. Et Al. v. BRYANT Et Al.
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