Booker Gibson v. Local 40, Supercargoes and Checkers of the International Longshoremen's and Warehousemen's Union

Appellants brought this class action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., against Supercargoes and Checkers Local 40; its parent, International Longshoremen’s and Warehousemen’s Union (ILWU); and Pacific Maritime Association (PMA), an association of shipping, terminal, and stevedoring companies. Appellants charge that appellees discriminate against appellants and other black persons in the employment of “checkers” or clerks. The district court found for appellees. We reverse.

Clerks are employed to perform clerical functions related to receiving, delivering, checking, tallying and spotting cargo during the loading and unloading of ships. The basic work skills required are an ability to read, to write, to do simple mathematics, and to measure cargo with a tape measure.

ILWU and PMA negotiate coastwide rules governing the rights and responsibilities of clerks. Local 40 and PMA jointly support, operate, and control a Joint Port Labor Relations Committee which main tains registration lists and operates a dispatch hall for clerks in the Portland maritime area.

Clerks are classified class A, class B, and casual clerks. Membership in Local 40 is…