Equal Employ. Op. Com'n v. Bartenders Int. U., Loc. U. No. 41

Michael C. Tobriner and Kenneth Hecht, Employment Law Center, San Francisco, Cal., for applicant on intervention.

Peter A. Janiak, E.E.O.C., San Francisco, Cal., for plaintiff.

PECKHAM, District Judge.

This case is before the court on a motion to dismiss the complaint for failure to comply with certain statutory preconditions for the bringing of an action within the time frame allegedly set forth in Title VII of the Civil Rights Act of 1964. [1] Alternatively defendant seeks a motion for a more definite statement.

The plaintiff, the Equal Employment Opportunity Commission (the Commission), brought this action for preliminary [2] and permanent injunctive relief from alleged discriminatory employment practices in violation of the Act by the defendant Bartenders International Union, Local 41.

According to the allegations in the complaint an administrative charge was filed on or about December 29, 1967. Approximately a year later the Commission determined that there was reasonable cause to believe that Local 41 was engaging in practices in violation of Title VII. The complaint further states generally that attempts to reach conciliation failed. On March 29, 1973 the Commission…