LUCKY STORES, INC., Petitioner, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent

The EEOC filed a civil action alleging the exclusion and unfair termination of women from warehouse positions at Lucky facilities in Vacaville, Sacramento, and San Leandro, California. Lucky sought partial summary judgment to eliminate the Sacramento and San Leandro facilities from the action as being beyond the scope of the EEOC’s administrative charge and conciliation efforts, which mentioned only the Vacaville warehouse. The district court denied the motion; Lucky now brings an interlocutory appeal pursuant to 28 U.S.C. § 1292 (b) and this court’s order of November 30, 1982. We affirm.

FACTS

Lucky opened its warehouse facilities in Vacaville in January, 1978, with a skeleton staff; full operations began in June. Vacaville is 40 miles southwest of Sacramento and some 60 miles northeast of San Leandro, the locations of Lucky’s pre-existing warehouses in the area. After the Vacaville facility began full operations, Lucky closed its Sacramento warehouse and reduced the activities at its San Leandro location. Of the 296 employees at Vacaville in June, 1978, 203 had transferred from Sacra mentó or San Leandro; 195 had seniority-dates of November, 1977 or before. Based on these…