central issue because it determines not only whether there has been a violation of the consent decree but it also determines whether or not there have been a material that's representational that would cause the  the collective bargaining agreement which has a definition of longshoreman which is the equivalent of long for work or a longer work or merely being a general gender neutral but not in the actual other people glare at you from the table when you go over your time and you have that problem that people think in that they each have twenty minutes or something along those lines so how are you going to thank it's a twelve thing mystery moral it well but what if i got it right i'll try to notify you on that even though we don't like to keep track of time but i don't want to see his lips ever there when you're going over your seven complaints that was brought in one thousand eight it was the alleged disparate impact on women and defendants procedures for registration and dispatch the longshore jobs which resulted in the consent decree that is at issue here they had if they had kept on schedule and these individuals would have been making more money and had additional benefits all during that time assuming the state and then surely got where they were supposed to that isn't really the gist of were not covered and therefore the plaintiffs cannot show by clear and convincing evidence that there was a specific and definite provision of this pre and that we are in substantial compliance with the decree and that's has terminated the plaintiffs are asking the court to ignore this record of substantial compliance and look back more than a decade to the interim provision of the decree that you reference they argue that that provision should have been calculated by reference to mechanics but that's a job the plaintiffs never addressed in the underlying title seven litigation and as a differing itself says it was negotiated and settled specifically on the basis of the amended complaint and even if the decree hadn't said no one would in typically read a complaint into a consent decree in order to understand what the meaning of the consent decree is after all the concent resettling the issues that were raised in the complaint still are well there's nothing that requires mechanics to be masculine there's nothing that requires mechanics to imagine it's  of the of the number sets in the interim provisions of the decree which in turn provisions have in fact been met but they're arguing they weren't met quickly enough and they're trying to reopen the decree now in there is a there is a motion to strike that we have are you familiar with this golden case this is the golden  with the aisles of you is responsible for the registration of longshoreman with regard to mechanics of course mechanics are not registered in the same way that longshoreman are register offshore workers can mix become automatically registered when they're hired by the stevedoring company so as in the andersen case p m a would have nothing to do with the actual hiring of the mechanic nor p m a have anything to do with the registration of the mechanic because of the comic becomes registered and for our purposes registration means entitled to the benefits and the collective bargaining room the health benefits welfare benefits pension benefits and so civil contempt the plaintiffs must show within the four corners of the agreement that there is by clear and convincing evidence specific and definite language which the defendant has violent make sense you're trying show that language in fact it's not specific and definite in this case we would argue that the collect the right rather is not outside the four corners of the agreement it's incorporated into the agreement by bargaining agreement i think misconstrues the language in the consent decree the it is not surprising that in the settlement of any equal employment lawsuit you have consent decree which by the very nature of collective bargaining situation is going to impact the collective bargaining agreement that you would have savings clause in the consent decree seeking to say the rest agreement continues to apply fully under the degree except as is required to achieve compliance with the goals and other provisions of the decree another words the collective bargaining agreement unaffected except as necessary to comply with the goals it does not mean that the collective bargaining agreement isn't incorporated in toto if it were it would what i mean in my time a little over nine minutes without my case let me leave my time the rest of my time for room for mystery man thank you thank you very morning i'm robert green my i'm prepared to talk about the release of the for i do that i just want to cover a few points with respect to some of the issues that's been discussed already the threshold it's undisputed that the consent decree contains absolutely no definition of that we can consent decree does refer specifically to the first amended complaint as the basis on which the decree was negotiate complains does give us a window into the definitions here it describes who the people are that have recovered in this universe within the to create it describes people as being those that perform the work of loading and unloading the ships of the class here and that is that consent decree itself in paragraph twenty seven in particular in that paragraph it talks about what the parties were focusing on with respect to the types of teachers the types of criteria types of people that would be covered in the decree and it describes the process with regard to group registrations of longshore workers the type of workers that are described into find in the complaint  the loading and unloading it talks about the process of through the hiring hall in which we have used the phrase in paragraph twenty seven a period so french is straight that's with regard to people i perform a lot and unloading work the general  the skilled basic lunch or work that the complaint was focusing on in the decree focuses on with regard to mechanics we do have in the stipulation nine hundred eighty nine that  with claims of shortages and shortfalls of the gold in the decree a reference to mechanics in the references to exclude them in that tribulation the parties agreed to provide certain remedies in exchange for the settling and the release of claims regarding shortages and shortfalls and in the release and in the settlement there were provisions that and excluded them with respect to the types of people and benefits that the consent decree was addressing you also say that this stipulation was negotiated and it  registration that there was a shortage and that there were additional nineteen appeals that were all men that ended up getting grants that were lighter talkback mechanics it does not talk about the mechanics there is no mention whatsoever up until the one nine hundred eighty nine stipulation with regard to mechanics because we submit it shows that it was the mechanics were never considered find anybody to be in this universe that we're talking about as to the scope of the class