Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

ROBINSON v. FORD MOTOR COMPANY

United States District Court, S.D. Ohio, Western Division.
Aug 1, 2007
ORDER

S. SPIEGEL, Senior District Judge

This matter is before the Court on the correspondence of Mr. Kevin Marshall, who informs the Court he is one of the class members of the settlement class who were placed on the Ford Motor Company's apprenticeship waiting list, consistent with Section VI of the Settlement Agreement. (letter attached to this Order as Exhibit 1). Mr. Marshall indicates that the intent of the settlement agreement is not being implemented, and urges that such agreement be amended so as to protect the interests of those on the apprenticeship waiting list.

As the Court has maintained jurisdiction over the settlement agreement for the purposes of its enforcement, Kokkonen v. Guardian, 511 U.S. 375 (1994), the Court finds it appropriate to set a status conference in this matter, at which time the parties, and Mr. Marshall, can inform the Court as to their respective positions on the issues Mr. Marshall has raised.

Accordingly, the Court SCHEDULES a status conference at 3:00 P.M. on September 4, 2007.

SO ORDERED.
Exhibit 1 To: Judge S. Arthur Spiegel United States Senior District Judge United States District Courthouse Southern District of Ohio Western Division Re: Robinson — vs. — Ford Motor Company And the International Union UAW Civil Action No. 1:04-cv-00845 From: Kevin Marshall 617 clover ln. University park, Il 60466 (708) 536-0345 Dear Honorable Judge Spiegel,

I am writing to you on behave of the 279 members of the settlement class that were selected to be placed on the Ford Motor Company apprenticeship program waiting list. I am one of the 279 people that were selected. The reason for this communication letter is to inform you that Ford Motor Company's Chicago Assembly Plant is not adhering to the settlement agreement from the class action suit listed above. Currently at the Chicago Assembly Plant There are approx. 21 candidates on the apprenticeship waiting list and approx. 25 openings for journey persons in the skilled trades dept. with a possibility of at least 70 open positions by September 2007. It has been approx. 2 years since the signing of the agreement! Ford Motor Company's Chicago Assembly Plant has yet to assign not even one eligible candidate from the waiting list to be placed into the apprenticeship program.

In the Settlement Agreement, the 279 candidates were selected under the assumption that Ford Motor Company will follow its past practices that has been in place for many many years. The practice of pulling eligible candidates from the waiting list and placing them into the apprenticeship program either because there's a journey person position available or Ford has projected how many Journey person's will retire in the future and will train an apprentice over the projected years to replace the future position of the retiring Journey person. This aspect of the settlement agreement was designed to remedy the claims for lost job opportunities for the class members. To make right what was so wrong! Well today, regardless of the settlement agreement and the hard work of the EEOC all the wrongs are still wrong and will probably never be right. Ford Motor Company has found a loophole that can prevent all class members that is on the waiting list from ever being placed into the apprenticeship program. All 279 African American members of the class that were placed on the waiting list are in jeopardy of never having a chance to advance into the program.

Ford Motor Company and the UAW have sole control over the waiting list! Without specific language in the agreement to monitor and control when a candidate is chosen off the list, Ford Motor Company can have all candidates wait 10 years if they choose to so. After being defendants in a class action lawsuit being charged with discriminating against African Americans, it is unpractical and unfair to give Ford Motor Company control of an all African American apprentice waiting list. Since the placement of 279 African Americans on the apprenticeship waiting list 2 years ago, Ford Motor Company has systematically stopped their past practice of selecting from the list to selecting no one at all for present or future positions. When asked why any candidates were selected yet for the program we were told that all open Journey persons positions at the Chicago Assembly Plant will be given to Journey persons at other plants that were closed and all future positions will be given to the remaining Journey persons from any other closing plants. We were told that the UAW local 551 and the International Union Contract states that those positions are to be given to members in closing plants as opposed to the 279 settlement class members. Therefore the settlement agreement will have no Justice for the class members for years to come and maybe never. If all of these positions are filled by anyone else but the settlement class members there will be no justice in the settlement agreement for us. Ford Motor Company has again discriminated against African Americans by not selecting any candidates from the all African American waiting list.

Chicago Assembly Plant has had open positions in the skilled trades since December 2006 and currently has many positions open now with many more to come. In the past, before the all African American waiting list, Ford Motor Company would have already selected some candidates to begin training immediately when there is an opening or when there is a projected opening. Now, ever since the settlement agreement was signed Ford Motor Company refuses to follow past practices. These past practices were assumingly to be followed when the settlement agreement was signed. However, there not being followed by Ford Motor Company or the International Union or UAW Local 551.

In conclusion, considering class council was paid an additional $567,000 by Ford Motor Company for implementing and monitoring the settlement for 3-5 years after the signing of the agreement. The class members and I pray that your Honorable Judge Spiegel would amend the settlement agreement with language that would specify that class members are to be given preference to any and all open positions in the program. This will give justice do to us by not allowing anyone but class members into those positions. Until specific language is amended into the agreement, Ford Motor Company and the UAW will continue to make a mockery of the justice system by continuing to discriminate against African Americans by deliberately ignoring the settlement agreement. Class members have been waiting since 1997 to be a part of the apprenticeship program and to have to wait any longer especially after a signed court ordered agreement would be deliberate retaliation from Ford Motor Company and the UAW. Our future is very gloomy while in the hands of the accused. Sincerely, ______________________ Kevin Marshall CC: Ford Motor Co. Chicago Assembly plant Ford Motor Co. Detroit, Michigan Lisa Bornstein, Esq Mehri Skalet, PLLC 1300 19th Street, N.W., Suite 400 Washington, D.C. 20036 Kenneth Willner, Esq. Paul, Hastings, Janofsky Walker, LLP 875 fifteenth Street, NW Washington, D.C. 20005 Equal Employment Opportunity Commission Cleveland Regional Attorney c/o Jeff Stern U.S. EEOC — Cleveland District Office Tower City — Skylight Office Tower 1660 West Second Street — Suite 850 Cleveland, OH 44113-1412 UAW Connye Harper, Esq. UAW International Detroit 8000 East Jefferson Ave. Detroit, MI 48214