Ellis

Ellis v. NAVAL AIR REWORK FACILITY, ALAMEDA, CAL.

Good Law

404 F. Supp. 391·13 Fair Empl. Prac. Cas. (BNA) 1782

United States District Court, Northern District of CaliforniaSeptember 22, 1975C-73-1794 WHO, C-73-2241 WHO, C-74-0028 WHO, C-74-0489 WHO, C-74-0520 WHO, C-74-0764 WHO, C-74-1286 WHO, C-75-0820 WHO and C-75-0886 WHOCalifornia3,031 words

Opinion

Orrick, J.

In these nine consolidated actions brought under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), minority civilian employees at the Naval Air Rework Facility (NARF) and the Naval Air Station (NAS) in Alameda, California, allege discrimination on the basis of race and sex. Plaintiffs have moved to certify a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure, and defendants Civil Service Commissioners (Commissioners) have moved to be dismissed from the case. For the réasons hereinafter set forth, I certify a class of all past, present, and- future Black, Chicano, Asian and Native American civilian em- ' ployees of NARF and NAS and all past, present, and future Black, Chicano, Asian and Native American applicants for civilian employment at NARF and NAS, and I deny the Commissioners’ motion to dismiss.

I. THE MOTION TO CERTIFY THE CLASS

In considering the motion to certify the class, it is important to note that the Court previously ruled that federal employees are entitled as a matter of right to hearings de novo in federal court. Ellis v. Naval Air Rework Facility, 404 F.Supp. 377 (N.D.Cal., 1975). This becomes important in…

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