Henry

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

As originally filed, this action involved allegations of racial discrimination in employment practices and breach of contract by Radio Station KSAN dba KSOL (“KSAN”) and its major owners and officers John F. Malloy and Alan P. Schultz and of racial discrimination, breach of contract, and breach of the duty of fair representation by defendants Local 202, International Brotherhood of Electrical Workers (“Local 202”), and its business agent, Edward John Bird arising out of the termination of plaintiffs by KSAN on September 21, 1970. The Court denied plaintiffs’ motion for a preliminary injunction and subsequently entered a partial summary judgment in favor of defendant station owners Malloy and Schultz on the breach of contract and unfair representation claims.

On April 30, 1972, plaintiffs entered into a settlement agreement with defendants KSAN, Malloy and Schultz (referred to collectively in the agreement as “KEST”), in which plaintiffs stipulated “that, in fact, the reason for their termination was not based upon a discriminatory motive or purpose, that KEST has not, to their knowledge, engaged in discriminatory employment…