28 Fair empl.prac.cas. 393, 28 Empl. Prac. Dec. P 32,522 Equal Employment Opportunity Commission v. Pierce Packing Company and Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio, Local Union No. 560

669 F.2d 605 28 Fair Empl.Prac.Cas. 393 , 28 Empl. Prac. Dec. P 32,522 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. PIERCE PACKING COMPANY and Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local Union No. 560, Defendants-Appellees. Nos. 80-3367, 81-3066. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1981. Decided March 1, 1982. 1 Sandra G. Bryan, Atty., E. E. O. C., Washington, D. C., for plaintiff-appellant. 2 Jerome Anderson, Neil S. Keefer, Keefer & Roybal, Billings, Mont., for defendants-appellees. 3 Appeal from the United States District Court, District of Montana. 4 Before KILKENNY and GOODWIN, Circuit Judges, and TANNER, * District Judge. TANNER, District Judge: 5 In 1973, appellant, the Equal Employment Opportunity Commission, and respondent, Pierce Packing Company (Pierce), entered into a settlement agreement to resolve alleged unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §§ 2000e et seq. In 1977, the EEOC filed an action against Pierce and two unions to enforce that agreement. The action was dismissed for lack of…