IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLIN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
U.S. PIPELINE, INC., and LABORERS LOCAL UNION 980 of LABORERS INTERNATIONAL UNION of NORTH AMERICA,
Defendants.

CIVIL ACTION NO.
ltO3CVO0838
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Right Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of national origin, Hispanic, and to provide appropriate relief to Wilmer R. Barrera-Nataren, Faustina FortanellResendiz, Jos6 R. Hemandez, Bernardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina who were adversely affected by such practices. As discussed more fully below, the Commission alleges that U.S. Pipeline, Inc., and Laborers Local Union 980 of Laborers International Union of North America, engaged in unlawful employment practices when they refused to hire the individuals named above as laborers because of their national origin, Hispanic.t
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

All of the identified individuals are of Mexican or Honduran descent.

1343 and 1345. This action is authorized and instituted pursuant to Sections 706(0(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of United States District Court for the Middle District of North Carolina.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission ("the Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Sections 706 (f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5 (f) (1) and (3). 4. At all relevant times, Defendant, U.S. Pipeline, Inc. ("U.S. Pipeline") has continuously been a Texas corporation doing business in the State of North Carolina and the City of Concord, and has continuously had at least fifteen 15 employees. 5. At all relevant times, Defendant U.S. Pipeline has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 6. At all relevant times, Defendant, Laborers Local Union 980 of Laborers International Union of North America ("Local 980") has continuously been: (a) an agent of a labor organization engaged in an industry affecting commerce; (b) an organization in which employees participate and deal with employers concerning terms and conditions of employment; and (c) an organization subordinate to a national or international labor organization. At all relevant times, Defendant Local 980 has continuously had at least 15 members and has
2

continuously maintained a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer; and Defendant Local 980 has been: (i) the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; (ii) has been a local labor organization recognized or acting as the representative of employees of employers engaged in an industry affecting commerce; (iii) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of (i) and (ii) above as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization.
7. At all relevant times, Defendant Local 980 has continuously been a labor organization engaged in an industry affecting commerce within the meaning of Sections 701(d) and (e) of Title VII, 42 U.S.C. §§ 2000e(d) and (e).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Wilmer R. BarreraNataren, Faustina Fortanell-Resendiz, Jos6 R. Hernandez, Bernardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo, and Fredi D. Urbina filed charges with the Commission alleging violations of Title VII by Defendant U.S. Pipeline. 9. More than thirty days prior to the institution of this lawsuit, Wilmer R. B arreraNataren, Faustina Fortanell-Resendiz, Jos6 R. Hernandez, Paseual Maeedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo, and Fredi D. Urbina filed charges with the Commission alleging violations of Title VII by Defendant Local 980.

10. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. In September and October 2000, Defendant U.S. Pipeline engaged in unlawful employment practices in Concord, North Carolina, at U.S. Pipeline’s Sandhill Gas Pipeline project, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant U.S. Pipeline failed to hire Wilmer R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jos6 R. Hernandez, Bemardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi 19. Urbina as laborers at said project because of their national origin, Hispanic. 12. In September and October 2000, Defendant Local 980 engaged in unlawful employment practices in Concord, North Carolina at U.S. Pipeline’s Sandhill Gas Pipeline project, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Specifically, Defendant Local 980 failed to hire and~or failed to refer Wilmcr R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jos6 R. Hemandez, Bemardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina for employment as laborers at said project because of their national origin, Hispanic. 13. The effect of the practices complained of in paragraphs 11 and 12 above has been to deprive Wilmer R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jos6 R. Hemandez, Bemardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina of equal employment opportunities and otherwise adversely affect their status as applicants for employment because of their national origin, Hispanic.

14. The unlawful employment practices complained of in paragraphs 11 and 12 above were intentional.
15. The unlawful employment practices complained of in paragraphs 11 and 12 above were done with malice or with reckless indifference to the federally protected rights of Wilmer R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jos6 R. Hemandez, Bemardo Macedo, Pascual Macedo, Miguel Nataren, Jos~ A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from refusing to hire Hispanics based on their national origin, Hispanic, and from any other employment practice which discriminates on the basis of national origin, Hispanic. B. Order Defendants to institute and carry out policies, practices, and programs that provide equal employment opportunities for Hispanics and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Wilmer R. Barrera-Nataren, Faustina FortanellResendiz, Jos6 R. Hemandez, Bemardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to hiring or front pay as appropriate.

D. Order Defendants to make whole Wilmer R. Barrera-Nataren, Faustina FortanellResendiz, Jos6 R. Hernandez, Bernardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Rarnos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 11 and 12 above, including job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Wilmer R. Barrera-Nataren, Faustina FortanellResendiz, Jos6 R. Hernandez, Bernardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Sorter S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraphs 11 and 12 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of civil rights, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Wilmer R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jos6 R. Hernandez, Bernardo Macedo, Pascual Macedo, Miguel Nataren, Jos6 A. Perez, Soner S. Ramos, Arnold R. Rosales, Reynaldo Trejo and Fredi D. Urbina punitive damages for their malicious and reckless conduct described in paragraphs 11 and 12 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.

This the

day of September, 2003.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

~Actin~ Region~ AttoNrney

LYNETTE A. BARNES Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone 704.344.6878 Facsimile 704.344.6780

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

U.S. PIPELINE, INC., and

)

LABORERS LOCAL UNION 980 of

)

LABORERS INTERNATIONAL UNION )

of NORTH AMERICA,

)

)

Defendants.

)

------------------------)

IN THIS OHICe Clerk, U, ., Dilltlet'"'oft
C'/'; ~ 1 _ _•_ •• _&.
1~03CV00838
CONSENT DECREE

The Equal Employment Opportunity Commission ("Plaintiff' or the "EEOC") instituted

this action seeking relief for Wilmer R. Barrera-Nataren, Faustina Fortanell-Resendiz, Jose R.

Hernandez, Bernardo Macedo, Pascual Macedo, Miguel Natare, Jose A. Perez, Soner S. Ramos,

Arnold R. Rosales, Reynaldo Trejo, Fredi D. Urbina (collectively "Charging Parties"), and other

similarly situated individuals, pursuant to Section 706(f)(1) and (3) of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(I) and (3) ("Title VII") and Section 102

of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

The EEOC and Defendants U.S. Pipeline, Inc. ("U.S. Pipeline") and Laborers Local

Union 980 of Laborers International Union of North America ("Local 980") (collectively

"Defendants") stipulate to jurisdiction of the Court over them and agree that the subject matter of

this action is properly before the Court.

Plaintiff and Defendants have advised the Court that they desire to resolve this action,

without the burden, expense and delay of contested litigation. By voluntarily entering into this

Consent Decree, Defendants do not admit to any wrongdoing nor do Defendants admit to any

violations of Title VII, and Defendants specifically deny the allegations of the Complaint in this

Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 1 of 12

action. Defendants have agreed to the entry of this Consent Decree solely for purposes of

compromising and settling the above-referenced action.

Having carefully reviewed the terms and provisions of this Consent Decree, and based

upon the pleadings, record and stipulations of the parties, the Court finds the following: (l) the

Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and

provisions of Title VII will be promoted and effectuated by the entry of this Consent Decree; (3)

the rights of the parties and the public interest are adequately protected by this Consent Decree;

and (4) this Consent Decree resolves all matters in controversy between the parties as provided in

paragraphs 1 through 23 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendants shall not discriminate against any employee on the basis of national

origin within the meaning of Title VII, and specifically shall not fail or refuse to hire, or to refer,

Hispanic applicants because of their national origin (Hispanic) in violation of Title VII.

2. Defendants shall not retaliate against any person because of opposition to any

practice made unlawful under Title VII, or because of the filing of a charge, the giving of

testimony or assistance, or the participation in any investigation, proceeding or hearing under

Title VII.

3. Monetary payments. Defendants shall pay the sum ofninety thousand dollars

($90,000) in settlement ofthe claims raised in the complaint filed by the EEOC. Said sum shall

be allocated among and distributed to the Charging Parties as follows:

Wilmer R. Barrera-Nataren

$ 7850

Faustina Fortanell-Resendiz

$ 7850

Jose R. Hernandez

$ 7850

Bernardo Macedo

$ 7850

2

Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 2 of 12

Pascual Macedo

$ 7850

Miguel Natare

$ 7850

Jose A. Perez

$ 7850

Soner S. Ramos

$ 7850

Arnold R. Rosales

$ 7850

Reynaldo Trejo

$ 7850

Fredi D. Urbina

$ 7850

The remaining sum of $ 3650 shall be paid to the private attorney for Charging Party Jose

A. Perez, Vicki Rowan, attorney at law, as attorney's fees. A check payable to Vicki Rowan

shall be mailed to Ms. Rowan within twenty (20) days of the entry ofthis Consent Decree by the

Court.

4. Within twenty (20) days of the entry of this Consent Decree by the Court,

Defendants shall make payment to the Charging Parties by issuing separate checks payable to

each of them, and mailing the checks to each individual at an address to be provided by the

EEOC. Within forty (40) days of the entry of this Consent Decree, Defendants shall mail to

Bobby Simpson, Acting Regional Attorney, Equal Employment Opportunity Commission, 129

W. Trade Street, Suite 400, Charlotte, North Carolina, 28202, copies ofthe checks to the

foregoing individuals and proof of their delivery.

5. Prior to payment of settlement funds to an individual Charging Party, that

Charging Party must first execute a "Release" (in Spanish - "Descargo")(hereafter "Release"),

Each Charging Party who wishes to participate in the settlement, must return a signed Release (in

either English or Spanish) to EEOC. EEOC shall provide defendant U.S. Pipeline, the original

release for each Charging Party who receives a payment within twenty (20) days of receipt of

proof of payment for each Charging Party, as set out in paragraph 4 above.

3

Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 3 of 12

6. Escrow Account. An escrow account shall be established by Defendants within seventy-five (75) days following the entry of this Consent Decree. Settlement proceeds for each Charging Party who has returned a signed Release to EEOC, but whose settlement check was returned to Defendants by the United States Postal Service undelivered, shall be deposited into the escrow account. Within ten (10) days of establishing the escrow account, Defendants shall notify the EEOC in writing of the establishment of the escrow account and the amount of money deposited therein. The escrow account shall remain open for one (1) year following the entry of this Consent Decree. During that one (1) year period, the EEOC shall make reasonable efforts to locate each Charging Party whose funds have been placed in escrow.
7. If any payment mailed to a Charging Party is returned undeliverable by the United States Postal Service, Defendants shall notify the EEOC ofthe returned payment within fifteen (15) days of the receipt of the returned payment by Defendants. Said notifications shall be sent to Bobby Simpson, Acting Regional Attorney, EEOC, at the address in paragraph 4 above. Upon receipt of such notification, EEOC shall attempt to locate each identified Charging Party. EEOC shall provide Defendants with updated address information within ten (10) days of such information becoming available to EEOC.
8. Undistributed settlement proceeds. As used herein, the term "undistributed settlement proceeds" shall mean and refer to all settlement proceeds remaining in the escrow account one (1) calendar year following the entry of this Consent Decree. In the event that undistributed settlements proceeds remain one (1) calendar year following the entry of this Consent Decree, the parties agree that said funds shall be distributed pro rata to all Charging Parties who have returned a signed Release to EEOC, and whose whereabouts are known at that time. Defendants shall notify EEOC in writing within three hundred seventy-five (375) days of
4
Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 4 of 12

the entry of this Consent Decree, of the existence and amount of any undistributed settlement proceeds, and of its intent to distribute said proceeds as indicated above. Within three hundred eighty-five (385) days of the entry of this Consent Decree, Defendants shall make said pro rata payments. Within four hundred (400) days of the entry of this Consent Decree, Defendants shall mail to Bobby Simpson, Acting Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte, North Carolina, 28202, copies ofthe checks to the foregoing individuals and proof of their delivery.
9. Policy. U.S. Pipeline shall institute and implement an anti-discrimination, antiharassment and anti-retaliation policy, which policy shall specifically include prohibitions against discrimination in hiring individuals because of their national origin (Hispanic).
10. Local 980 shall institute and implement an anti-discrimination, anti-harassment and anti-retaliation policy, which policy shall specifically include prohibitions against discrimination in hiring and referring for hire individuals because of their national origin (Hispanic).
11. Trainin2. U.S. Pipeline shall provide annually a training program, for two consecutive years, to be attended by all full-time managerial employees of U.S. Pipeline nationwide. The training programs shall include an explanation of the requirements of Title VII, its prohibition against national origin discrimination in the workplace and its prohibition against retaliation. Each training program shall also cover U.S. Pipeline's anti-discrimination, antiharassment, and anti-retaliation policy and include an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) days after the entry of this Consent Decree. The subsequent training program shall be conducted approximately one year after the first training program.
5
Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 5 of 12

Within ten (10) days after completion of each training program, U.S. Pipeline shall certify to the EEOC the specific training which was undertaken and shall provide the EEOC with a roster of all individuals (including their titles) in attendance at each training program.
12. Local 980 shall provide annually a training program, for two consecutive years, to be attended by all representatives of Local 980 nationwide who are involved in hiring or referrals. The training programs shall include an explanation of the requirements of Title VII, its prohibition against national origin discrimination in the workplace and its prohibition against retaliation. Each training program shall also cover Local 980's anti-discrimination, antiharassment and anti-retaliation policy and include an explanation of the rights and responsibilities of union members and union representatives under the policy. The first training program shall be completed within ninety (90) days after the entry of this Consent Decree. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, Local 980 shall certify to the EEOC the specific training which was undertaken and shall provide the EEOC with a roster of all individuals in attendance at each training program.
13. Notice postio2. During the term of this Consent Decree, U.S. Pipeline shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Consent Decree, in a place where it is visible to all employees and applicants at each of U.S. Pipeline's offices, industrial facilities and project sites. If any of the Notices become defaced or unreadable, U.S. Pipeline shall replace them by posting another copy ofthe Notice.
14. During the term of this Consent Decree, Local 980 shall conspicuously post the attached Employee Notice, marked Exhibit B, hereby made a part of this Consent Decree, in a place where it is visible to representatives, members, prospective members and all others seeking
6
Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 6 of 12

employment or an employment referral from Local 980, at each of Local 980's union halls, hiring halls or hiring offices. If any of the Notices become defaced or unreadable, Local 980 shall replace them by posting another copy ofthe Notice.
15. Reportin2. U.S. Pipeline shall provide the EEOC with semi-annual reports during the term of this Consent Decree. The report shall include the following information: (a) any changes, modifications, or revisions to its anti-discrimination or retaliation policies; (b) the identities of all individuals who have alleged national origin discrimination against a full-time manager employed by U.S. Pipeline, including failure to hire based upon national origin; (c) the identity of the person who allegedly discriminated against the individual; and (d) the action taken in response to the individual's complaint. U.S. Pipeline shall submit the reports to the EEOC four (4) months after the entry of this Consent Decree and every six (6) months thereafter during the term of this Consent Decree. U.S. Pipeline need only submit reports ifthere is something to report.
16. Local 980 shall provide the EEOC with semi-annual reports during the term of this Consent Decree. The report shall include the following information: (a) any changes, modifications, or revisions to its anti-discrimination or retaliation policies; (b) the identities of all individuals who have alleged national origin discrimination, including failure to hire based upon national origin, against any union representative involved in hiring or hiring referrals; (c) the identity of the person who allegedly discriminated against the individual; and (d) the action taken in response to the individual's complaint. Local 980 shall submit the reports to the EEOC four (4) months after the entry of this Consent Decree and every six (6) months thereafter during the term ofthis Consent Decree. Local 980 need only submit reports if there is something to report.
7
Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 7 of 12

17. Compliance review. U.S. Pipeline shall allow the EEOC to review its compliance with this Consent Decree. As part of such review, the EEOC may, upon reasonable notice to U.S. Pipeline (not to be less than seven days), inspect any of U.S. Pipeline's premises nationwide, including its offices, industrial facilities and project sites, interview any of its employees (with representatives of U.S. Pipeline present), and examine and/or copy any relevant, non-privileged documents.
18. Local 980 shall allow the EEOC to review its compliance with this Consent Decree. As part of such review, the EEOC may, upon reasonable notice to Local 980 (not to be less than seven days), inspect any of Local 980's premises, including its union halls, hiring halls and hiring offices, interview any of its representatives, members, prospective members and/or any other individuals seeking employment by, with or through referral from Local 980 (with representatives of Local 980 present), and examine and/or copy any relevant, non-privileged documents.
19. If at any time during the term of this Consent Decree, the EEOC believes that either Defendant is in violation of any term of this Consent Decree, the EEOC shall give notice of the alleged violation to the Defendant believed to be in violation, and said Defendant shall have ten (10) days in which to investigate and respond to the alleged violation(s). Thereafter, said Defendant and the EEOC shall have a period of ten (10) days, or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such alleged violations before the EEOC exercises any remedy provided by law.
20. The term of this Consent Decree shall be two (2) years from the date of its entry by the Court.
8
Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 8 of 12

21. This Consent Decree resolves all claims that arose or could have arisen out of the this litigation, including: (a) all claims that were raised or could have been raised by the EEOC in the captioned action; and (b) all claims, actions or liability that arose, or could have arisen under Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 in the captioned action.
22. Each party in this action shall bear its own costs and attorney's fees. 23. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate.

The parties jointly request that the Court approve and enter this Consent Decree:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

ERIC S. DREIBAND General Counsel

GWENDOLYN YOUNG REAMS
By: BO Acting Regi I Attorney LYNETTE A. BARNES Supervisory Trial Attorney 129 West Trade Street, Suite 400 Charlotte, NC 28202 Telephone 704.344.6876 Facsimile 704.344.6780

JfjJJ. Date:

3, p~

9

Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 9 of 12

U.S. PIPELINE, INC.

A~~ By:

Date:

Akin Gump Strauss Hauer & Feld, LLP 1700 Pacific Avenue Suite 4100 Dallas, TX 75201-4675 Telephone 214.969.2800 Facsimile 214.969.4343

LABORERS LOCAL UNION 980 of LABORERS INT'L UNION OF NORTH AMERICA

By:

Date: f -)=f- OJ

10 Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 10 of 12

Notice to Employees
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's national origin, sex, race, color, religion, age (40 and over) or disability with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment.
U.S. Pipeline, Inc. ("U.S. Pipeline") supports and will comply with such federal law in all respects and will not take action against employees because they have exercised their rights under the law. U.S. Pipeline will not discriminate against any employee because of his or her national origin and will not refuse to hire and/or refuse to refer for employment any individual because of his or her national origin.
U.S. Pipeline has adopted equal employment opportunity policies and shall ensure that all management, supervisors, representative, members, prospective members and any other employees abide by the requirements of their policies.
If you believe that you have been discriminated against based on your national origin, report the discriminatory conduct promptly to U.S. Pipeline or to the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC can be contacted at 1.800.669.4000.
This Notice will remain posted for at least two (2) years pursuant to an agreement between U.S. Pipeline and the EEOC.
=-D-=O-:!..N::..::=O:;...;:T;....;::RE~M~O:::..V.:.....:E==--T~H:.::.:I::;,!:;::S~N.:...:::O:;...;:T-=-IC~E:::::...:::..UN~T~I~L~:_ _ _ _, 2005.

Date

By:_ _ _ _ _ _ _ _ _ _ __

for U.S. Pipeline, Inc., its _ _ _ __

Exhibit A

Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 11 of 12

Notice to Applicants and Employees

Federal law prohibits discrimination against any employee or applicant for employment because of the individual's national origin, sex, race, color, religion, age (40 and over) or disability with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment.
Laborers Local Union 980 of Laborers International Union ofNorth America ("Local 980") supports and will comply with such federal law in all respects and will not take action against employees because they have exercised their rights under the law. Local 980 will not discriminate against any employee because of his or her national origin and will not refuse to hire and/or refuse to refer for employment any individual because of his or her national origin.
Local 980 has adopted equal employment opportunity policies and shall ensure that all management, supervisors, representative, members, prospective members and any other employees abide by the requirements of their policies.
If you believe that you have been discriminated against based on your national origin, report the discriminatory conduct promptly to Local 980 or to the U.S. Equal Employment Opportunity Commission ("EEOC"). The EEOC can be contacted at 1.800.669.4000.
This Notice will remain posted for at least two (2) years pursuant to an agreement between Local 980 and the EEOC.
=-DO~N~O~T;....;::RE~M:..=:...:O:!:..V.!....::E~T~H~I!!:.:=:S~N.!.:!::O~T...:.;IC::::,;!E!:!..U..1!:::.oN::...!.T~I~L:.!-:_ _ _ _, 2005.

Date

By:_ _ _ _ _ _ _ _ _ _ __

for Local 980, its _ _ _ _ _ _ __

Exhibit B Case 1:03-cv-00838-WLO Document 2 Filed 09/16/2003 Page 12 of 12

 
 CM/ECF - ncmd - Docket Report

https://ecf.ncmd.uscourts.gov/cgi-bin/DktRpt.pl?958442375027052-L_...

U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:03-cv-00838-WLO

18AG, CLOSED

EEOC v. U.S. PIPELINE, INC., et al Assigned to: JUDGE WILLIAM L. OSTEEN Demand: $0 Cause: 42:2000 Job Discrimination (National Origin)

Date Filed: 09/04/2003 Date Terminated: 09/17/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by BOBBY C. SIMPSON EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6887 LEAD ATTORNEY ATTORNEY TO BE NOTICED

ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY

1 of 2

6/13/2007 9:14 AM

CM/ECF - ncmd - Docket Report

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V. Defendant U.S. PIPELINE, INC.
Defendant LABORERS LOCAL UNION 980 OF LABORERS INTERNATIONAL UNION OF NORTH

ATTORNEY TO BE NOTICED

Date Filed 09/04/2003 09/04/2003 09/09/2003 09/16/2003 09/16/2003
09/17/2003

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Docket Text

**Case assigned to Magistrate Judge Eliason. AO Code 18AG (N. Dickerson) (Entered: 09/05/2003)
1 COMPLAINT; jury demand (N. Dickerson) (Entered: 09/05/2003)
CASE REFERRED to Judge Osteen re Consent Decree (R. Winchester) (Entered: 09/09/2003)
CASE NO LONGER REFERRED to Judge. (fe) (Entered: 09/16/2003)
2 CONSENT DECREE resolving all claims that arose or could have arisen out of this litigation. Each party shall bear its own costs and attorney's fees. This court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate. (Signed by JUDGE WILLIAM L. OSTEEN) Ccs. dist. [EOD Date 9/16/03] (fe) (Entered: 09/16/2003)
CASE CLOSED. Closing Code 8 (fe) (Entered: 09/17/2003)

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