33 Fair empl.prac.cas. 1708, 33 Empl. Prac. Dec. P 34,140, 5 Employee Benefits Ca 1122 Equal Employment Opportunity Commission v. Borden's, Inc., a Corporation, International Brotherhood of Teamsters, Chauffeurs and Warehousemen, Local 274, and International Union of Operative Engineers, Local 428

724 F.2d 1390 33 Fair Empl.Prac.Cas. 1708 , 33 Empl. Prac. Dec. P 34,140 , 5 Employee Benefits Ca 1122 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. BORDEN'S, INC., a corporation, Defendant-Appellant, International Brotherhood of Teamsters, Chauffeurs and Warehousemen, Local 274, and International Union of Operative Engineers, Local 428, Defendants. CA No. 83-1701. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1983. Decided Jan. 31, 1984. Dianna B. Johnston, Barbara Neilson, McGuiness & Williams, Washington, D.C., for plaintiff-appellee. William R. Neale, Columbus, Ohio, for defendant-appellant. Appeal from the United States District Court for the District of Arizona. Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges. FARRIS, Circuit Judge: INTRODUCTION 1 Borden closed its dairy plant in Phoenix, Arizona on December 31, 1979, and fired the employees, except for a few managers. Discharged employees received severance pay according to a policy executed in November, 1979, as an addendum to the collective bargaining agreements reached that year. Under the terms of the policy, employees eligible for retirement were not entitled to…