Full opinion text
REYNOLDS, Chief Judge. This is a civil rights action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and the Civil Rights Act of 1866, 42 U.S.C. § 1981, as well as a breach of fair representation action brought pursuant to 29 U.S.C. § 151 et seq. This court has jurisdiction under 28 U.S.C. § 1343(3), 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. §§ 2201 and 2202. On March 30, 1981, the trial of the above-entitled action commenced. The trial lasted seven days. At the conclusion of trial on April 7, 1981, the Court rendered its decision from the bench and announced that the reasons for the Court’s ruling would be set forth in a decision which would follow at a later date. Following an introduction necessary for a full understanding of this case, the Court shall make its findings of fact and state its conclusions of law thereon. I. INTRODUCTION In 1974, plaintiff Johnnie Robinson went to the Milwaukee office of the Equal Employment Opportunity Commission (“EEOC”) with the intent to file a charge of employment discrimination against his employer, The Ladish Company (“Ladish”). EEOC personnel, however, advised Robinson that in order to secure proper redress, he should obtain the names of every union that represented employees at Ladish. In accordance with that advice, on June 5, 1974, Robinson filed a charge of employment discrimination with the EEOC, naming as respondents Ladish and the following seven unions: (1) International Federation of Professional and Technical Engineers, Local # 92 (“IFPTE”); (2) International Brotherhood of Firemen and Oilers, Local # 125 (“IBFO”); (3) International Brotherhood of Electrical Workers, Local # 494 (“IBEW”); (4) Associated Unions of America, Local # 500 (“AUA”); (5) International Die Sinkers Conference and Milwaukee Die Sinkers, Lodge # 140 (“Die Sinkers”); (6) International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local # 1509 (“Blacksmiths”); and (7) International Association of Machinists and Aerospace Workers, District No. 10, Local # 1862 (“Machinists”). Robinson alleged: “Prior to 1968, Ladish Company maintained a segregated hiring policy wherein all Black workers were hired into Union contracted Machinist jobs, which were the lowest paying jobs available at the Company. Such a policy has led to a current and continuing system of discrimination in seniority, wages and promotion. As a Black employee, I and others similarly situated, have been discriminated against as a result of Ladish’s past policies of segregated hiring and resultant seniority and salary system. The affiliated Unions have contributed to this discrimination via the Union Contracts.” (Plaintiffs’ Exhibit 1) On October 3, 1975, Robinson was notified by letter from the EEOC of his right to bring suit in the appropriate United States District Court within ninety days of receipt of the letter. He and ten other black employees of Ladish commenced this action on December 29, 1975, on behalf of themselves and all others similarly situated. Eight of the other named plaintiffs had filed EEOC charges on the dates set forth below: Name EEOC Charge Filed William Wattleton July 28,1975 Wardell Wilson August 30,1975 Daniel Brown August 30,1975 Robert Spearmon August 30,1975 Clarence Suggs August 30,1975 Ruben Madison September 20,1975 John Armstrong October 30,1975 Clayton Jacobs October 81,1975 On March 31, 1977, these eight plaintiffs were notified by letters from the EEOC of their rights to bring suit, and an amended complaint was filed on May 3, 1977. Several other black Ladish employees had filed EEOC charges. Their names and the dates on which they had filed their EEOC charges are set forth below: Name EEOC Charge Filed Steve T. Tillman April 15,1976 William Bell April 15,1976 Charles Jones April 20,1976 Tommie L. Ballet July 1,1976 Willie Queary July 1,1976 Charles C. Graves July 1,1976 Henry E. Graves July 1,1976 On March 31, 1977, these seven persons were notified by letter from the EEOC of their rights to bring suit. A complaint in intervention was filed on their behalf on May 3, 1977. This court on June 13, 1977, granted the plaintiffs’ motion to file an amended complaint and the plaintiffs-intervenors’ motion to intervene. (Hereinafter the plaintiffs and the plaintiffs-intervenors will be referred to as “plaintiffs.”) On February 12, 1980, the Court granted in part the plaintiffs’ motion for class certification and certified the class of plaintiffs as follows: “ * * * [F]or the purpose of determining the first claim, i. e., whether the seniority system maintained by the defendants * * * is a ‘bona fide seniority system’ within the meaning of § 703(h) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(h), this action is hereby certified as a class action on behalf of all blacks hired by the Ladish Company prior to January 22, 1968, who (1) were hired by the Ladish Company for jobs that were within the jurisdiction of the International Association of Machinists and Aerospace Workers, Local 1862, and (2) were employed by the Ladish Company as of December 30, 1969.” Wattleton v. Ladish, No. 75-C-746 (E.D.Wis., Feb. 12, 1980, at page 7). On the same date the Court granted the plaintiffs’ motion to sever the issue of liability from the issue of damages and remedies in the event liability was established. Id. In a status conference held on November 3, 1980, the plaintiffs and certain defendants informed the Court that they were prepared to settle all issues that remained in this action. Accordingly, the Court determined that a hearing on the proposed settlement should be held on December 22, 1980. In furtherance thereof, on November 7, 1980, the court issued a notice of hearing to consider and approve the proposed consent decree and an order implementing the hearing to consider the same and providing for notice of the hearing. The notice of hearing and proposed consent decree were mailed to the class members on November 19, 1980. On December 22,1980, the Court conducted a lengthy hearing for the purpose of hearing approvals or objections to the proposed consent decree. In an opinion dated February 13, 1981, after reviewing the proposed consent decree in light of many factors, this Court approved the consent decree. See Wattleton v. Ladish Co., 89 F.R.D. 677 (E.D.Wis.1981). The effect of the consent decree was to settle all issues in this action between the plaintiffs and Ladish, IFPTE, IBFO, IBEW, and AUA, and to set down for trial this action between the plaintiffs and the Die Sinkers, Blacksmiths, and Machinists. Left remaining for trial on March 30, 1981, were the plaintiffs’ contentions that (1) Ladish, with the full knowledge; cooperation, and complicity of the Machinists, Blacksmiths, and Die Sinkers, maintained a policy and practice of hiring blacks for and assigning them to the dirtiest, lowest paying, and least desirable jobs within the jurisdiction of the Machinists; (2) Ladish, with the acquiescence of the Machinists, Blacksmiths, and Die Sinkers, maintained a policy of refusing to promote and transfer blacks to better paying and more desirable jobs within the jurisdictions of the Machinists, Blacksmiths, and Die Sinkers; (3) the Machinists, Blacksmiths, and Die Sinkers, by reason of seniority systems within their respective collective bargaining agreements, perpetuated the initial discrimination against blacks because their seniority systems prevented blacks from transferring to better paying and more desirable jobs within their respective jurisdictions without full carryover seniority; and (4) the Machinists’ bargaining unit has failed to properly and fairly represent its black members. II. FINDINGS OF FACT The following constitute the Court’s findings of fact pursuant to Rule 52 of the Federal Rules of Civil Procedure. These findings will be grouped into introductory matters and according to the issues raised at trial by the parties. A. Introductory Matters: The Parties, The Communities, and The Workforce at Ladish 1. Plaintiffs are all black citizens and residents' of the United States as well as present or former employees of Ladish and present or former members of the Machinists. All plaintiffs were hired by Ladish prior to January 1, 1968, and were initially placed into jobs under the jurisdiction of the Machinists. 2. Ladish, with one of its principal facilities in Cudahy, Wisconsin, is a major employer in the Milwaukee area and is an employer within the meaning of 42 U.S.C. § 2000e(b); it currently employs in excess of 5,000 employees, 4,000 of whom are under the jurisdiction of bargaining units. Ladish makes custom fittings and forgings for its customers but makes no products of its own. Among its customers is the United States, with government contracts for jet engine parts and other military parts constituting approximately 50 per cent of Ladish’s business. This action involves only Ladish’s Cudahy facility. Ladish was one of the settling defendants. 3. The Die Sinkers represent all employees of Ladish who are engaged, directly or indirectly, in producing and maintaining all dies, parts of dies, and models which are used in the production and completion of forgings. The crafts of the journeymen Die Sinkers are highly skilled, perhaps the most highly skilled at Ladish, and are achieved through extensive apprenticeship programs that are federal and state indentured and approved. Entry into one of these apprenticeship programs is accomplished through bidding from the bargaining unit employees at such times when Ladish determines the existence of openings in the programs and posts these openings for bids. 4. The Blacksmiths represent approximately 1,000 of the 4,000 bargaining unit employees at Ladish. Blacksmiths, generally speaking, are engaged, directly or indirectly, in forming and shaping raw materials into forgings'. Blacksmith jobs in the forge shop, particularly those involving work around hot furnaces and drop hammers, require physical strength and an ability to withstand adverse working conditions. 5. The Machinists represent approximately 2,000 of the 4,000 bargaining unit employees at Ladish. Machinists, generally speaking, take forgings and then machine and inspect them, and finally ship finished products. As recited above, all plaintiffs and the class that they represent were hired by Ladish for jobs under the jurisdiction of the Machinists and were employed by Ladish as of December 30, 1969. 6. Cudahy, Wisconsin, is an area populated primarily by whites. New blacks, to the present time, have lived in Cudahy. 7. New blacks lived in the Milwaukee area prior to World War II. After this war, blacks began to migrate northward and came to settle in the Milwaukee area. The black population in Milwaukee and the Milwaukee area has increased steadily and significantly since World War II. Unquestionably, blacks were generally limited to purchasing homes and renting apartments in certain areas of Milwaukee, and these living arrangements were generally substandard. In Milwaukee during the 1950’s, there was evidence of racial discrimination in jobs, housing, schools, and everyday social contacts. 8. In 1973 and 1974, the Office of Federal Contract Compliance (“OFCC”) conducted an audit of Ladish’s Cudahy facility. This audit included an analysis of Ladish’s then existing work force. In response to requests of the OFCC, Ladish prepared a detailed analysis of its work force. Exhibit A, attached hereto, is an analysis of the Cudahy hourly employees hired from August 1948 to December 1967, and a distribution of those hirings by bargaining units. Exhibit B, attached hereto, is an analysis of those minorities hired by Ladish prior to January 1, 1968, and still employed by Ladish in 1974, and a distribution of those hirings by bargaining unit. 9. A review of these Exhibits A and B and the trial testimony reveal the following. Apparently no blacks were hired by Ladish prior to 1948. Between 1948 and 1968, Ladish hired 190 blacks who were still employed as of the OFCC audit in 1974. All of these blacks hired between 1948 and 1968 and still employed in 1974 were initially placed into jobs under the jurisdiction of the Machinists. None of these blacks were initially placed into jobs under the jurisdiction of any other bargaining unit at Ladish, including the Blacksmiths and the Die Sinkers. During the same time period, 1948-1968, Ladish hired and initially placed 119 nonblack employees into jobs under the jurisdiction of the Die Sinkers; 375 nonblack employees into jobs under the jurisdiction of the Blacksmiths; 30 nonblack employees into jobs under the jurisdiction of the IBEW; 4 nonblack employees into jobs under the jurisdiction of the IBFO; 118 non-black employees into jobs under the jurisdiction of the IFPTE; 154 nonblack employees into jobs under the jurisdiction of AUA; as well as 311 nonblack employees into nonunion jobs. In addition to the 190 blacks hired and initially placed into jobs under the jurisdiction of the Machinists during the period 1948 — 1968, there were 1,074 nonblacks similarly hired and initially placed into Machinists’ jobs. 10. A closer review of the exhibits reveals that on seventy dates throughout the 1948-1968 time period, nonblack employees were hired and initially placed into jobs under the jurisdiction of bargaining units other than the Machinists, while on the same dates 81 black employees were hired and initially placed into jobs under the jurisdiction of the Machinists. 11. Finally, these exhibits reveal that no blacks were initially placed into jobs under the jurisdiction of the Blacksmiths until after January 1, 1968, and that no blacks were initially placed into jobs under the jurisdiction of the Die Sinkers prior to December 1967. Thus, beginning in January 1968, Ladish began hiring, assigning, and transferring blacks into jobs under the jurisdiction of bargaining units other than the Machinists. B. The Minimal Qualifications Required by Ladish from Applicants Seeking Employment 12. The minimum requirements for the great majority of jobs at Ladish are simple literacy and good health. Although Ladish has sought out skilled craftsmen to fill certain of the journeymen jobs and apprenticable trades at Ladish, most employees have been hired for entry level jobs with little, if any, job skills; consequently, most employees have learned their skills while on the job. 13. Ladish maintains apprenticeship programs for certain jobs under the jurisdiction of the Machinists and the Die Sinkers. There are no apprenticeship programs under the jurisdiction of the Blacksmiths, although there are learnership programs. 14. Ladish has traditionally maintained a policy of giving special favorable consideration to the relatives of incumbent employees. Indeed, employees have been encouraged to recommend relatives or friends to Ladish to fill job vacancies. 15. The absence of placements of blacks into jobs under the jurisdiction of the Blacksmiths and the Die Sinkers between 1948-1968 is not explained by a comparison of employee qualifications. Most white employees placed into jobs under the jurisdiction of the Blacksmiths during the period 1948 to 1968 had neither a distinguishing education nor job skills which would have qualified them especially for work with the Blacksmiths. Based on the testimony, the Court finds that most employees hired at Ladish were unskilled with respect to the jobs they were placed into and that they learned the skills related to their jobs while working on the job. The Court further finds that there is no evidence in the record that the blacks hired between 1948 and 1968 were less skilled, less qualified, or less apt to learn job skills than the whites hired during this same time period. 16. The right to determine qualifications, hire, place initially within a bargaining unit, and promote have been and remain the sole responsibility and exclusive right of Ladish. In particular, neither the Machinists, nor the Blacksmiths, nor the Die Sinkers, since certification as a bargaining unit, has ever had control over or participation in the hiring, placement, or promotion of employees at Ladish. The Court further finds that with one exception for the Ladish-Blacksmiths’ collective bargaining agreements effective August 22, 1949, the right to transfer has been and remains the sole responsibility and exclusive right of Ladish. In particular, neither the Machinists nor the Die Sinkers, since certification as a bargaining unit, has had control over or participation in the transfer of employees at Ladish. C. The Details and Conclusions of the OFCC Audit of Ladish’s Workforce 17. As noted above, the OFCC conducted an audit of Ladish’s workforce in July 1973. This audit eventually focused on whether the then existing workforce had an “affected class.” An affected class consists of those employees who by virtue of past hiring discrimination and by the nature of the limited seniority carryover provisions of the pertinent collective bargaining agreements were in a position that they continued to suffer the present effects of past discriminatory acts. Based on the audit, the OFCC concluded in September 1973 that an affected class existed at Ladish, consisting of all blacks who were hired by Ladish prior to January 22, 1968, and who were placed by Ladish into jobs under the jurisdiction of the Machinists. Ladish has never agreed with the OFCC’s determination that an affected class exists at Ladish. 18. Also in September 1973, the OFCC made a proposal to Ladish regarding relief for the affected class and directed that Ladish take certain actions regarding that proposal. In particular, the OFCC proposal allowed members of the affected class to transfer from jobs under the jurisdiction of the Machinists into jobs under the jurisdiction of other bargaining units at Ladish with full carryover seniority for all purposes. 19. - Pursuant to OFCC directions, two members of Ladish’s personnel and labor relations staff, Richard Junas and Harry Lau, conducted individual interviews with most of the members of the affected class in January and February 1974. These individual members were asked hypothetically whether they would be interested in transferring with full carryover seniority for all purposes to a job under the jurisdiction of a bargaining unit other than the Machinists. The results of the individual interviews were then compiled. Approximately one-half of those members of the affected class who were interviewed by Junas and Lau indicated their desire to transfer to a job under the jurisdiction of a bargaining unit other than the Machinists. 20. Subsequently, in March of 1974, Ladish sent a memorandum to each of the bargaining units concerning the OFCC proposal of relief for the affected class. In the memorandum Ladish, inter alia, (1) indicated the number of members of the affected class who had expressed an interest in transferring to jobs under the jurisdiction of that bargaining unit, (2) expressed its willingness to allow members of the affected class to transfer to jobs under the jurisdiction of that bargaining unit with full carryover seniority for all purposes, and (3) requested that members of the affected class who had expressed an interest in transferring to jobs under the jurisdiction of that bargaining unit be allowed to do so. For example, in its memorandum to officials of the Blacksmiths, Ladish indicated that sixty-nine members of the affected class had, during the interviews described above, expressed an interest in transferring to jobs under the jurisdiction of the Blacksmiths, indicated its willingness to allow these transfers to the Blacksmiths with full carryover seniority for all purposes, and requested that the Blacksmiths go along with such transfers. 21. The testimony at trial indicated that the transfers were to take place only when vacancies became available within the Blacksmiths. Members of the affected class were to be given an opportunity to transfer to those vacancies and to remain in their new jobs for a period of ninety days. In the event that members of the affected class decided to remain in their new jobs within the Blacksmiths after the ninety-day trial period, they were to be given full plantwide seniority for all purposes. In the event that members of the affected class decided to return to their old jobs within the Machinists after the ninety-day trial period, they were to be allowed to do so without loss of any seniority. 22. After their receipt of the Ladish memorandum and proposal concerning the affected class, the various bargaining units met on several occasions to discuss that proposal. The evidence at trial revealed that on one occasion, Mr. Pollard from the Washington headquarters of the AFL-CIO came to Milwaukee to meet with representatives of AFL-CIO affiliated bargaining units. Representatives from the Machinists and the Blacksmiths, inter alia, attended this meeting. Representatives from the Die Sinkers attended the meeting even though the Die Sinkers are not affiliated with the AFL-CIO. The evidence at trial further revealed that although Mr. Pollard and the bargaining unit representatives had discussed the Ladish proposal, neither a response nor a counterproposal was made by any bargaining unit at this meeting. Likewise, the evidence at trial revealed that except for a suggestion made by the Machinists that will be discussed below, neither a response nor a counterproposal was made on any of the several other occasions on which representatives of the various bargaining units had met to discuss the Ladish proposal. 23. At some point during the time that the bargaining units were discussing the Ladish proposal, the Machinists suggested to Ladish that the latter institute full plant-wide seniority for all purposes for all employees in all bargaining units. Ladish, however, was not receptive to the Machinists’ suggestion for the reason that it believed that bargaining unit seniority was imperative to the successful operation of its manufacturing processes. This is still Ladish’s belief. 24. Subsequently, each of the bargaining units at Ladish indicated to Ladish, either formally or informally, that it was not willing to allow the members of the affected class to transfer from jobs under the jurisdiction of the Machinists to jobs under its jurisdiction with full carryover seniority. 25. For unknown reasons, nothing ever came of the OFCC determination that an affected class existed at Ladish or the OFCC’s proposal for relief for affected class members. Apparently these matters became buried in the National Office of the OFCC, with the result that Ladish never had to implement any of the OFCC’s recommendations. D. The Details As To Hiring and Job Assignment . 26. In addition to presenting statistical evidence, the plaintiffs and class members offered live testimony regarding their efforts to obtain jobs under the jurisdiction of the Blacksmiths. Clayton Jacobs filled out a written application with Ladish in approximately September 1951, and specifically requested a job in the forge shop, a job under the jurisdiction of the Blacksmiths. Despite having prior forge shop experience while working for Oxen Drop Forge Company in Chicago, Illinois, Jacobs was not hired by Ladish. After being told by a black employee at Ladish that blacks were not allowed to work in the forge shop, Jacobs returned to Ladish and filled out a second written application with Ladish in approximately October 1951. This time Jacobs did not specifically request a job in the forge shop, and he was hired and assigned to a grinding job under the jurisdiction of the Machinists. A review of the August 7, 1974, Blacksmiths’ seniority roster reveals that several nonblack individuals were hired by Ladish during this same time period for jobs under the jurisdiction of the Blacksmiths as follows: Name Date of Hire Tony Bertino 9-5-51 Lee Aasterud 9-18-51 William Stcharsky 9-19-51 Leo Woyak 9-25-51 Robert Wiggins 9- 27-51 Joseph Fleischman 10- 2-51 Dominie Court 10-2-51 Ivan Knisber 10-8-51 Leonard Hernandez 10-17-51 27. William Wattleton filled out a written application with Ladish in approximately May of 1955. Prior to completing his application, Wattleton had reviewed the large company bulletin board containing a list of jobs currently available at Ladish. Since it had appeared on the bulletin board that there were jobs available in the forge shop, Wattleton specifically requested a job within the forge shop. Wattleton was not granted his specific request but was hired and assigned to a grinding job under the jurisdiction of the Machinists. A review of the above-mentioned Blacksmiths’ seniority list reveals that several nonblack individuals were hired by Ladish during this same approximate time for jobs under the jurisdiction of the Blacksmiths as follows: Name Date of Hire Jose Aboytes 5-2-55 Emil Elm 5-2-55 James Williams 5-9-55 Earl Stahl 5-23-55 Michael Lazor 5-26-55 Henry Karpinski 5-26-55 John Schuldt 5-26-55 Earl Pomasl 5-26-55 Lester Frltschler 5-26-55 28. At trial, the Blacksmiths introduced into evidence a 1981 seniority roster for the forge shop. This seniority roster is not persuasive evidence that no employees were hired by Ladish for jobs within the jurisdiction of the Blacksmiths from 1955 to 1965, inclusive, since this seniority roster simply lists only those employees who were still actively employed at Ladish as of 1981 for a single department under the jurisdiction of the Blacksmiths. 29. A compliance report provided by Ladish to Westinghouse Electric Company in April 1963 shows that Ladish’s officials, managers, professional and technical employees, sales workers, and office and clerical staff were virtually all white. More specifically, the racial composition in those categories was as follows: Occupation Whites Negroes Others Officials and Managers 625 0 0 Professional Employees 59 0 0 Technical Employees 89 0 1 Sales Workers 32 0 0 Office and Clerical 809 0 0 30. Having considered all the evidence, including (1) the statistical evidence relating to hiring and initial placement of employees into bargaining units during the period 1948 to 1968; (2) the evidence showing that on seventy dates throughout the period 1948 to 1968 blacks were hired and initially placed into jobs within the Machinists’ bargaining unit while on the same dates nonblacks were hired and initially placed into jobs within other bargaining units; (3) the details and conclusions of the OFCC audit of Ladish’s workforce; (4) the total lack of evidence showing that blacks hired during the period 1948 to 1968 were less skilled, less qualified, or less apt to learn job skills as nonblacks hired during this same time period; (5) the hiring and placement of employees into nonbargaining unit jobs; and (6) the testimony of the plaintiffs regarding their efforts to obtain a job under the jurisdiction of the Blacksmiths, the Court concludes and so finds that blacks hired at Ladish during the period 1948 to 1968 were virtually limited to jobs under the jurisdiction of the Machinists as a matter of policy or practice by Ladish. This policy or practice is neither supported by the relative qualifications of black and white employees nor explained by any other business reason. The fact is that for a twenty-year period of time, virtually all blacks were placed into jobs under the jurisdiction of the Machinists and were not placed into jobs under the jurisdiction of other bargaining units, and the evidence is overwhelming that this discriminatory hiring and placement by Ladish was intentional. 31. Based on the evidence relating to hiring and job assignment, the Court finds that the Machinists have accepted into membership all persons who were hired and placed into their bargaining unit without regard to race or national origin. 32. Absent any evidence to the contrary, the Court finds that the Die Sinkers have accepted into membership all persons who were hired and placed into their bargaining unit without regard to race or national origin. 33. The testimony adduced at trial also revealed that blacks who were hired by Ladish beginning in 1948 and in increasing numbers beginning in the 1950’s were generally assigned to jobs as grinders and truckers within the Machinists’ bargaining unit. Although blacks have never constituted more than 10 per cent of the Machinists’ bargaining unit workforce, approximately 70 per cent of the grinders were black. These jobs were in fact among the dirtiest, lowest paying, and least desirable under the jurisdiction of the Machinists. The Court is persuaded and so finds that Ladish did not maintain a policy and practice of hiring blacks just for these jobs. Rather, the Court finds that the nonblacks as well as blacks have initially occupied unskilled entry level positions and that non-blacks as well as blacks have had the opportunity by use of a bidding system based solely on seniority to progress to more skilled, higher paying, and more desirable jobs. Understandably, if job skill is not a factor in hiring and assigning a new employee to a job, under the Machinists’ internal departmental seniority system which preserves to those already having seniority rights the opportunity to bid and secure the better paying and more desirable jobs, only entry level jobs become available because of their undesirability and relatively low pay. 34. Having carefully considered all the evidence, including the theory of the plaintiffs’ expert witness Herbert Hill that all blacks were hired and assigned to the Machinists’ bargaining unit pursuant to a tacit agreement between Ladish and all the bargaining units, the Court concludes that the plaintiffs have failed to produce any evidence that the Machinists, Blacksmiths, or Die Sinkers in any way had cooperated with or had acted as accomplices to the Ladish policy and practice of hiring blacks for- and assigning them to jobs almost exclusively under the jurisdiction of the Machinists. E. The Details As To Employee Transfers At trial, the Court heard considerable evidence relating to (1) the operation of the challenged seniority systems as to employee transfers, (2) Ladish’s policy for allowing transfers from a job under the jurisdiction of one bargaining unit to a job under the jurisdiction of another bargaining unit, and (3) both Ladish’s willingness to allow transfers and individual blacksmith’s feelings toward transfers of plaintiffs into jobs under the Blacksmiths’ bargaining unit. 35. Supported by evidence that will be summarized infra, the Court finds that the challenged seniority systems generally provided that employees who transferred from a job under the jurisdiction of one bargaining unit to a job under the jurisdiction of another bargaining unit had to forfeit their accrued seniority for purposes of layoff, recall, and job bidding. In terms used by the plaintiffs, the challenged seniority systems required an individual to commit “seniority suicide” upon transfer to a job under the jurisdiction of another bargaining unit. 36. Based on the testimony of John Foley, Vice President of Industrial and Public Relations for Ladish, the Court finds that Ladish maintained a policy for allowing employee transfers from a job under the jurisdiction of one bargaining unit to a job under the jurisdiction of another bargaining unit throughout the period 1948-1968. The Court further finds that Ladish maintained throughout the period 1948-1968 a policy for giving preference or consideration to employees seeking a transfer to a vacancy over individuals seeking hire to a vacancy. This preference or consideration was determined on the basis of plantwide seniority and ability to perform the vacant job. Finally, the Court finds that there was a proper procedure to follow when seeking a transfer to a job under the jurisdiction of another bargaining unit throughout the period 1948 — 1968. That procedure required the employee to contact Ladish’s personnel department and to file some sort of transfer application form with the personnel department. Information regarding transfer procedures at Ladish passed primarily by word of mouth until after 1974. 37. Several plaintiffs testified regarding Ladish’s willingness to allow transfers and individual blacksmith’s feelings toward transfers of the plaintiffs to jobs under the jurisdiction of the Blacksmiths. Herman Banks was one of the plaintiffs who testified. Banks was hired as a grinder in the Machinists’ bargaining unit on February 21, 1952. In May or June of 1953, Banks noticed that a job had been posted on the bulletin board for a helper on the number 10 hammer. This job was and is a job under the jurisdiction of the Blacksmiths. Banks, who wanted to transfer to that job, signed and filed a job bid for it. No incumbent blacksmith apparently bid on that job, so that Banks was the bidder with the most plantwide seniority for the job.- His bid was rejected, however, because he was a Machinist bidding on a job under the jurisdiction of the Blacksmiths. Banks testified that subsequently he was taken by a company official and a Blacksmith steward to see George Bitters who was then Ladish’s director of labor relations and personnel. Banks claimed that he was denied a transfer to the Blacksmiths’ bargaining unit because of some papers he was shown, i. e., an agreement between Ladish and the Blacksmiths to keep blacks out of jobs in the Blacksmiths’ bargaining unit, and because of some talk about his transfer causing a strike in the Blacksmiths’ bargaining unit. After this experience, Banks never repeated his attempt to transfer into a job under the jurisdiction of the Blacksmiths. 38. On cross-examination, Banks could remember neither the name of the blacksmith steward who had accompanied him to Bitter’s office nor any details concerning the alleged agreement between Ladish and the Blacksmiths. Moreover, Banks admitted that he had never attempted to follow Ladish’s procedure governing transfers. The Court is persuaded that Banks’ testimony regarding an agreement between Ladish and the Blacksmiths is sketchy, but I am persuaded that Bank’s experience left him with the impression that he could not transfer into the Blacksmiths’ Union, and that the Union and the company intended that he get that impression. 39. Abraham Leflore was hired as a grinder on February 2,1952. Leflore heard some talk that the income potential of jobs in the Blacksmiths’ bargaining unit was greater than his own job as a grinder. In late 1952 or early 1953, he noticed that a job under the jurisdiction of the Blacksmiths had been posted on the bulletin board. Leflore bid on this job. His bid was torn up by. a Ladish official; however. Thereafter, Leflore expressed repeatedly his interest in transferring to a higher paying job under the jurisdiction of the Blacksmiths, though he never was allowed to effect such a transfer. The reason, Leflore testified, was his belief that Ladish wanted to avoid the strike by the Blacksmiths’ bargaining unit that would have occurred in the event a black was allowed to transfer into the Blacksmiths’ bargaining unit. 40. On cross-examination, Leflore admitted that he had never attempted to follow Ladish’s procedure governing transfers. I am persuaded-that the company intended to and did discourage him from attempting to transfer into the Blacksmiths’ Union and that the Union acquiesced in this. 41. Wardell Wilson was hired into the Machinists’ bargaining unit on January 30, 1956. He had a locker close to where a number of blacksmiths dressed. At trial, Wilson testified that he had talked with Ray Nauman, a blacksmith, about the way in which he could obtain a job under the Blacksmiths’ bargaining unit. Nauman replied that blacks would not be allowed into a job within the Blacksmiths’ bargaining unit. 42. On cross-examination, Wilson admitted that he never had formally attempted to transfer from his job in the Machinists’ bargaining unit to a job within the Blacksmiths’ bargaining unit. 43. William Wattleton testified that while he was working as an inspector in the forge department, a job under the jurisdiction of the Machinists, he had inquired about the way in which he could transfer to a job under the jurisdiction of the Blacksmiths. He was told by a member of the Blacksmiths’ bargaining unit that blacks would not be allowed into a job within the Blacksmiths’ bargaining unit. 44. On cross-examination, Wattleton admitted that he never had formally attempted to transfer from his job as inspector in the Machinists’ bargaining unit to a job within the Blacksmiths’ bargaining unit. 45. Frank Seng, chairman of the Blacksmiths’ bargaining committee and Ladish employee since 1950, testified that many of the blacksmiths had come to Milwaukee from the South and had not shared his views and feelings of no prejudice against blacks. 46. Having considered all the evidence, including (1) the statistical evidence relating to transfers of employees during the period 1948 to 1968, (2) the total lack of evidence showing that blacks hired during the period 1948 to 1968 were less skilled, less qualified, or less apt to learn job skills as nonblacks hired during this same period of time, and (3) the testimony of the plaintiffs regarding their efforts to transfer to a job under the jurisdiction of the Blacksmiths, the Court concludes and so finds that blacks hired at Ladish during the period 1948 to 1968 were virtually limited to jobs under the jurisdiction of the Machinists as a matter of policy or practice by Ladish. This policy or practice is neither supported by the relative qualifications of black and white employees nor explained by any other business reason. The fact is that for a twenty-year period of time blacks were not allowed into jobs under the jurisdiction of other bargaining units, and the evidence is overwhelming that this policy or practice of discriminatory transfer by Ladish was intentional. 47. The Blacksmiths contend that the plaintiffs have failed to establish the involvement of a single official of the Blacksmiths in decisions not to transfer the plaintiffs into jobs within their bargaining unit. In support of their contention, the Blacksmiths argued that the right to transfer employees has been and is the sole responsibility and exclusive right of Ladish and that, in any event, not a single plaintiff had followed Ladish’s procedure governing transfers. For reasons that the Court will shortly offer, the Court rejects the Blacksmiths’ contention. 48. The uncontroverted evidence is that between 1949 and January 27, 1955, Ladish allowed a number of nonblacks to transfer from jobs under the jurisdiction of the Machinists to jobs under the jurisdiction of the Blacksmiths; while the uncontroverted evidence is also that the Ladish-Blacksmiths’ collective bargaining agreement, effective August 22, 1949 to September 30, 1951, and thereafter, gave the Blacksmiths virtual veto power over inter-bargaining unit transfers, i. e., over transfers from another bargaining unit into jobs under the jurisdiction of the Blacksmiths. 49. After both judging the credibility of Leflore, Wilson, Wattleton, and Banks and reviewing the record, the Court is convinced that no plaintiff transferred to a job under the jurisdiction of the Blacksmiths for reasons that the Blacksmiths made it clear to Ladish and also made it clear to the plaintiffs that they did not want and would not accept blacks into their bargaining unit. Such a determination is, by its nature, subjective; but determining whether invidious discriminatory purpose was a motivating factor requires a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. See Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266, 97 S.Ct. 555, 563, 50 L.Ed.2d 450 (1977). F. Whether the Challenged Seniority Systems Freeze the Status Quo of Prior Discriminatory Practices and Carry That Discrimination Into the Present 50. The OFCC determination, the testimony of the plaintiffs, and the operation of the challenged seniority systems are persuasive evidence that the seniority systems embodied in the collective bargaining agreements between Ladish and the three defendant bargaining units have perpetuated the effects of prior discriminatory practices and will carry the effects of that discrimination into the present. G. Whether Having the Challenged Seniority Systems in Separate Bargaining Units is Rational and in Conformance with Industry Practice and The National Labor Relations Act At trial, the Court heard testimony from Professor Herbert Hill, John Foley, Richard Junas, and Joseph George on the issue of whether the challenged seniority systems were rational and in conformance with industry practice and the National Labor Relations Act. 51. Foley testified that on at least three or four occasions the Machinists had attempted to eliminate their internal departmental seniority system. Ladish, however, rejected these attempts because in its opinion departmental seniority is beneficial and advantageous to the smooth operation of Ladish’s manufacturing processes. Foley and Junas testified that in the event all bargaining units had proposed full carryover seniority for all purposes for all bargaining unit members in response to OFCC’s 1973-1974 proposal regarding relief for the affected class, Ladish would have rejected this proposal because in its opinion full carryover seniority is dysfunctional and disruptive to the smooth operation of Ladish’s manufacturing processes. 52. Based on the testimony of Foley and Junas, the Court finds that the Machinists’ internal departmental seniority is rational, and further finds that the prohibition of carryover seniority between multiple bargaining units in a single plant is rational. ,53. Professor Hill and George testified concerning their considerable knowledge of seniority systems, and George testified concerning his considerable experience in the negotiation of collective bargaining agreements. Having considered their testimony, the Court finds that the prohibition of carryover seniority between multiple bargaining units in a single plant, which is the situation at Ladish, is both nearly a universal industry practice and consistent with National Labor Relations Board precedents. The Court also finds that the Machinists’ internal departmental seniority system is in accordance with widespread industry practice. 54. As noted above, Professor Hill testified extensively on the history of the International Association of Machinists and Aerospace Workers. He compared the Machinists’ unit at Ladish with the International Association of Machinists and Aerospace Workers, noting that the Machinists’ bargaining unit at Ladish is both an industrial and craft bargaining unit while the International union has traditionally been a craft union. The Court is not persuaded and does not find that this comparison shows that industrial jobs were added to the Machinists’ bargaining unit in order to keep blacks in jobs under the jurisdiction of the Machinists.. Instead, the Court finds that the addition of industrial jobs to those jobs already under the jurisdiction of the Machinists was rational and completely in accordance with National Labor Relations Board precedents. H. Whether the Seniority Systems of the Machinists, Blacksmiths, or Die Sinkers Had Their Genesis in Racial Discrimination Since other courts have scrutinized the events leading up to the challenged seniority practices, including but not limited to the past and contemporaneous actions of relevant institutions, see, e. g., James v. Stockham Valves and Fittings Co., 559 F.2d 310, 352 (5th Cir. 1977); Scarlett v. Seaboard Coastline R.R. Co., 21 E.P.D. ¶ 7678, at 12,728 (S.D.Ga.1979), the Court listened with interest to a long history of racial discrimination within the International Association of Machinists and Aerospace Workers and the International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers, and Helpers of America. 55. Based on the extensive research and uncontroverted testimony of the plaintiffs’ expert, Professor Herbert Hill, the Court is persuaded and so finds (1) that the International Association of Machinists and Aerospace Workers had a long history of policies and practices which resulted in the exclusion of blacks from membership in the International union until approximately 1948; (2) that the International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers, and Helpers of America had a long history of policies and practices which resulted first in the exclusion of blacks from membership in the International union and later in the segregation of blacks into black auxiliaries until approximately 1947; and (3) that there is no evidence that the International Die Sinkers Conference had policies or practices of racial discrimination. 56. Based on a thorough and careful consideration of the entire record, the Court finds that the plaintiffs failed to produce any evidence that either the Machinists or the Blacksmiths, the local auxiliary unions that are defendants to this action, followed or maintained discriminatory policies or practices similar to those of the International unions. 57. Between 1927 and approximately 1943, there were no collective bargaining units representing employees at Ladish. 58. The first collective bargaining agreement at Ladish was a collective bargaining agreement between Ladish and the Die Sinkers. This original agreement, effective from April 21, 1943, included a seniority system which provided, inter alia, for bargaining unit seniority, classification seniority, and for work sharing down to twenty-four hours per week before layoffs would begin. 59. The first collective bargaining agreement between Ladish and the Machinists was effective from June 6, 1945 to May 31, 1946. This original agreement included a seniority system which provided, inter alia, for bargaining unit seniority and departmental seniority. The agreement further provided that an employee leaving the Machinists’ bargaining unit would immediately lose all his accrued seniority within the Machinists’ bargaining unit upon transfer to a job under the jurisdiction of another bargaining unit, even if that employee would later return to a job within the Machinists’ bargaining unit. 60. As recited above, the original Ladish-Machinists’ collective bargaining agreement provided for departmental seniority. That is, if an employee in one department in the Machinists’ bargaining unit transferred to another department in the Machinists’ bargaining unit, then for a one-year period that employee would forfeit his accrued bargaining unit seniority for purposes of layoff, recall, and job bidding. 61. The first collective bargaining agreement between Ladish and the Blacksmiths was effective from March 23,1945 to August 31, 1946. This original labor contract included a seniority system which provided, inter alia, for bargaining unit and departmental seniority. In particular, employees who moved either from a job under the jurisdiction of another bargaining unit to a job under the jurisdiction of the Blacksmiths or from a job in one department of the Blacksmiths to a job in another department of the Blacksmiths forfeited their seniority for purposes of layoff, recall, and job bidding. 62. Based on the facts that the first Ladish-Die Sinkers’ collective bargaining-agreement was effective from April 21, 1943, and that the first blacks were apparently hired at Ladish in 1948, the Court is persuaded and so finds that the challenged seniority system in the Ladish-Die Sinkers’ collective bargaining agreement did not have its genesis in racial discrimination. 63. Based on the facts that the first Ladish-Machinists’ collective bargaining agreement was effective from June 6, 1945 to May 31, 1946, and that the first blacks were apparently hired at Ladish in 1948, the Court finds that the challenged seniority system in the Ladish-Machinists’ collective bargaining agreement did not have its genesis in racial discrimination. 64. Based on the facts that the first Ladish-Blacksmiths’ collective bargaining agreement was effective from March 23, 1945 to August 31, 1946, and that the first blacks were apparently hired at Ladish in 1948, the Court finds that the challenged seniority system in this particular LadishBlacksmiths’ collective bargaining agreement did not have its genesis in racial discrimination. I. Whether the Challenged Seniority Systems Have Been Negotiated and Maintained Free From Any Illegal Purpose 65. The Die Sinkers’ seniority provisions have been carried forward, essentially unchanged, through every collective bargaining agreement between Ladish and the Die Sinkers to the present. 66. The present Machinists’ seniority provisions differ somewhat from those contained in the original Ladish-Machinists’ collective bargaining agreement. The current Ladish-Machinists’ agreement does not contain the one-year waiting period for recoupment of accrued seniority upon transfer to a new department within the Machinists’ bargaining unit and does contain a clause that allows an employee leaving the Machinists’ bargaining unit and taking a job under the jurisdiction of another bargaining unit the opportunity to return to the Machinists’ bargaining unit within ninety days without loss of all his accrued seniority within the Machinists’ bargaining unit. The Machinists’ departmental seniority provisions and seniority provisions which prevent employees in other bargaining units from transferring to a job under the jurisdiction of the Machinists with full carryover seniority for all purposes have been carried forward, essentially unchanged, through every collective bargaining agreement between Ladish and the Machinists to the present. 67. The present Blacksmiths’ seniority provisions are essentially the same as those contained in the original Ladish-Blacksmiths’ collective bargaining agreement. These seniority provisions, however, have not been carried forward unchanged through every collective bargaining agreement between Ladish and the Blacksmiths to the present. Bargaining unit seniority was carried forward through two more collective bargaining agreements between Ladish and the Blacksmiths. In the LadishBlacksmiths’ collective bargaining agreement, effective August 22, 1949 to September 30, 1951, however, a significant change was made to the bargaining unit seniority provisions of the Ladish-Blacksmiths’ labor contract; it was changed such that total plantwide seniority would carry over to jobs under the jurisdiction of the Blacksmiths for purposes of layoff. Specifically, employees who transferred to jobs under the jurisdiction of the Blacksmiths carried with them whatever seniority they had previously accrued for purposes of layoff and recall. This change, allowing carryover seniority, remained in effect from August 22, 1949 to January 27, 1955, as will be noted below. In the Ladish-Blacksmiths’ collective bargaining agreement effective September 20, 1954 to September 24, 1956, the provision that total plantwide seniority would carry over to jobs under the jurisdiction of the Blacksmiths was deleted. Despite this deletion, those persons who had transferred from August 22, 1949 to January 27, 1955, to a job under the jurisdiction of the Blacksmiths were still allowed to utilize their total plantwide seniority for layoff and recall purposes. In 1972, the Ladish-Blacksmiths’ collective bargaining agreement was amended to clearly set forth the special seniority rights of those individuals who had transferred to jobs under the jurisdiction of the Blacksmiths between 1949 and January 27, 1955. 68. The original Ladish-Blacksmiths’ collective bargaining agreement has been subject to other changes. The original LadishBlacksmiths’ collective bargaining agreement, effective March 23, 1945 to August 31, 1946, contained a nondiscrimination clause which read as follows: “Neither the Company nor the Union shall discriminate against any employee because of his membership or nonmembership in the Union, or his race, color, creed, or national origin.” (Article I, ¶ 4.) Identical language was carried forward through two more collective bargaining agreements between Ladish and the Blacksmiths. In the Ladish-Blacksmiths’ collective bargaining agreement effective August 22, 1949 to September 30, 1951, the clause prohibiting discrimination on the basis of race, color, creed, or national origin was eliminated. A nondiscrimination clause in the Ladish-Blacksmiths’ collective bargaining agreement was not again added until after the passage of Title VII in 1964. 69. The original collective bargaining agreement between Ladish and the Blacksmiths, effective from March 23, 1945 to August 31,1946, and the next two collective bargaining agreements thereafter contained no provisions regarding inter-bargaining unit transfers. In the LadishBlacksmiths’ collective bargaining agreement effective August 22, 1949 to September 30, 1951, a significant provision regarding inter-bargaining unit transfers was added: “Permanent inter-bargaining unit transfers will be made by agreement between Management and the Bargaining Committee of the unit to which the employee is being transferred.” (Article IV, Transfers and Layoffs, ¶ 8.) Subsequent Ladish-Blacksmiths’ collective bargaining agreements retained this inter-bargaining unit transfer provision, including the Ladish-Blacksmiths’ agreement effective January 1, 1951 to June 30, 1952; the Ladish-Blacksmiths’ agreement effective September 1952 to September 1954; the Ladish-Blacksmiths’ agreement effective September 20, 1954 to September 24, 1958; the Ladish-Blacksmiths’ agreement effective November 1955 to September 1958; and the Ladish-Blacksmiths’ agreement effective 1958 to 1961. 70. A review of the history of collective bargaining agreements between Ladish and the Die Sinkers, Machinists, and Blacksmiths reveals that the challenged seniority systems provided, with one important exception, that employees who transferred from a job under the jurisdiction of one bargaining unit to a job under the jurisdiction of another bargaining unit had to forfeit their accrued seniority for purposes of layoff, recall, and job bidding. 71. The uncontroverted evidence is that: (a) The exception to the general rule set forth above is the Ladish-Blacksmiths’ collective bargaining agreements effective from August 22, 1949 to September 20, 1954. These collective bargaining agreements changed the seniority provisions governing the Blacksmiths’ bargaining unit such that full plantwide seniority would prevail in jobs under the jurisdiction of the Blacksmiths for purposes of layoff and recall. (b) The Ladish-Blacksmiths’ collective bargaining agreement, effective August 22, 1949 to September 30, 1951, and thereafter, gave the Blacksmiths virtual veto power over interbargaining unit transfers. That is, in contrast to Ladish’s sole responsibility and exclusive right to transfer employees into jobs under the jurisdiction of the Die Sinkers and the Machinists, Ladish’s ability to transfer employees into jobs under the jurisdiction of the Blacksmiths was subject to the Blacksmiths’ approval of the transfer. (c) Ladish allowed, and the Blacksmiths permitted, a number of nonblack employees to transfer from jobs under the jurisdiction of the Machinists to jobs under the jurisdiction of the Blacksmiths between 1949 and January 27,1955, with full carryover seniority for purposes of layoff and recall. In contrast, no black employees were afforded transfers to jobs under the jurisdiction of the Blacksmiths between 1949 and January 27, 1955. (d) The Ladish-Blacksmiths’ collective bargaining agreement, effective September 20, 1954 to September 24, 1956, deleted the provision permitting transferring employees to carry with them their full plantwide seniority for purposes of layoff and recall. (e) The Ladish-Blacksmiths’ collective bargaining agreement, effective August 22, 1949 to September 30, 1951, and for several collective bargaining agreements thereafter, eliminated the nondiscrimination provisions of earlier Ladish-Blacksmiths’ collective bargaining agreements. 72. At trial, both Professor Hill and Joseph George testified concerning their knowledge of seniority systems in the Milwaukee area and throughout the United States. Aside from the Ladish-Blacksmiths’ collective bargaining agreements, neither Hill nor George was aware of any other collective bargaining agreement in which the seniority system went from one of allowing the carryover of full plantwide seniority for purposes of layoff and recall to one of prohibiting the carryover of full plantwide seniority for such purposes. 73. The three changes in the LadishBlacksmiths’ collective bargaining agreement, effective August 22, 1949 to September 30, 1951, coincided with the time Ladish first began to hire blacks in 1948. The change in the Ladish-Blacksmiths’ collective bargaining agreement, effective September 20, 1954 to September 24, 1956, coincided with times of a steady increase in the hiring of blacks at Ladish. As noted above, between 1948 and 1968 Ladish hired 190 blacks who were still actively employed at Ladish as of 1974. While only 2 of these 190 were hired by Ladish in 1948 and none were hired in 1949, 3 blacks were hired in 1950, 24 blacks were hired in 1951, 12 blacks were hired in 1952, and 15 blacks were hired in 1953. While no blacks were hired in 1954, 26 blacks were hired in 1955 and 45 blacks were hired in 1956. 74. These changes in the Ladish-Blacksmiths’ collective bargaining agreement, when considered in light of the evidence heard by the Court relating to individual blacksmith’s feelings toward transfer of the plaintiffs into jobs under the jurisdiction of the Blacksmiths and the evidence showing that nonblacks were allowed to transfer with full carryover seniority to jobs under the jurisdiction of the Blacksmiths while during the same time period blacks were discouraged from doing so, are persuasive evidence that the Blacksmiths’ seniority system has not been negotiated and maintained free from any illegal purpose. The Court specifically finds that the plaintiffs have come forward with sufficient credible evidence to support their claim that the challenged seniority system contained in the Ladish-Blacksmiths’ collective bargaining agreement, inter alia, was negotiated and maintained with a purpose of preventing only blacks from entering into jobs under the jurisdiction of the Blacksmiths. The Court has considered, but has rejected, the Blacksmiths’ contention that the sole purpose of the deletion of carryover seniority in the Ladish-Blacksmiths’ collective bargaining agreement in 1954 was to reflect the fact that other bargaining units had failed to reciprocate by bargaining a similar system of carryover seniority. 75. There is simply no evidence in the record to support the theory that the Machinists’, the Blacksmiths’ or the Die Sinkers’ collective bargaining agreements were negotiated pursuant to an agreement or conspiracy among the bargaining units that the Machinists take in all the blacks. Nor is there any evidence in the record to support the plaintiffs’ contention that the Machinists’, Blacksmiths’, or Die Sinkers’ refusal in 1974 to allow the members of the affected class to transfer from jobs under the jurisdiction of the Machinists to jobs under their respective jurisdiction with full carryover seniority or refusal to modify their respective seniority system to allow carryover seniority was motivated by their animosity towards the plaintiffs. 76. Absent any evidence to the contrary, the Court finds that