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CATERPILLAR TRACTOR CO. v. GRABIEC

September 9, 1970

CATERPILLAR TRACTOR CO., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
BARNEY J. GRABIEC, DIRECTOR, DEPARTMENT OF LABOR, STATE OF ILLINOIS, AND WILLIAM J. SCOTT, ATTORNEY GENERAL, STATE OF ILLINOIS, DEFENDANTS. ILLINOIS BELL TELEPHONE COMPANY, A CORPORATION, PLAINTIFF, V. BARNEY J. GRABIEC, DIRECTOR OF LABOR OF THE STATE OF ILLINOIS, DEFENDANT.



The opinion of the court was delivered by: Poos, Chief Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

These causes which are substantially identical in form and content having come on together to be heard (a) on defendants' motions to strike certain allegations from the complaints and defendants' motions to dismiss the complaints for alleged want of a justiciable controversy and because such causes allegedly constituted suits against the State of Illinois and (b) upon motions by each of the plaintiffs for summary judgment, on August 20, 1970, before the above court, the Honorable Omer Poos presiding; and defendants having moved in open court to withdraw each of the aforesaid motions to strike and to dismiss, which motions to withdraw were and are allowed by the court and said motions to strike and to dismiss were and are thereby withdrawn; and the court having considered all documents filed with respect to said motions for summary judgment, including (a) the complaints of Caterpillar Tractor Co., ("Caterpillar") and Illinois Bell Telephone Company ("Illinois Bell"), (b) the affidavits of Clifford N. Hathway, Clyde C. Boylls, and Bruce C. Hoeffel, and (c) the briefs of Caterpillar, Illinois Bell, the Equal Employment Opportunity Commission ("the Commission") as amicus curiae and the defendants; and the defendants in each case not having filed any affidavits in opposition to said motions for summary judgment or otherwise denied or controverted the facts alleged in the complaints and the affidavits supporting said motions for summary judgment; and the court having heard and considered the arguments of counsel for each plaintiff, the Commission and the defendants, and being fully advised in the premises now makes its findings of fact and conclusions of law, as follows:

FINDINGS OF FACT

1. Plaintiffs, Caterpillar and Illinois Bell, are each "employers" within the meaning of Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C. § 2000e through 2000e-15) and are subject to the provisions of said statute.

2. Plaintiffs, Caterpillar and Illinois Bell, are each subject to the provisions of the Illinois Female Employment Act, (Ill.Rev.Stat. Ch. 48, Sections 5 through 8.1.)

3. Caterpillar is a California corporation engaged in the manufacture and sale of construction and earthmoving machinery and other products. It operates several factories within the State of Illinois and maintains its headquarters offices in this state. Caterpillar employs approximately 43,374 persons within the State of Illinois, of whom approximately 3,558 are females who fall within the limitation on hours of work specified in the Illinois Female Employment Act.

4. Illinois Bell is an Illinois corporation supplying communication services to users in the State of Illinois and part of Indiana. As of December 31, 1969, Illinois Bell had approximately 41,000 employees, of whom approximately 17,000 were women employed in Illinois and subject to the hours of work restrictions of the Illinois Female Employment Act. Illinois Bell's annual payroll for 1969 was approximately $350 million, of which over $11 million was attributable to pay for overtime work.

5. The amount in controversy in each case exceeds $10,000.00, exclusive of interest and costs.

6. The operations of each plaintiff frequently require that their respective employees in Illinois work for daily and weekly periods in excess of the hours for which female employees of each plaintiff may be employed under the Illinois Female Employment Act. In addition certain jobs in each plaintiff's operations normally require that the holders work for overtime hours longer than permitted for females under the Illinois Female Employment Act.

7. Under the Illinois Female Employment Act, the vast majority of female employees of each plaintiff may not work more than eight hours per day or forty-eight hours per week. The only generally applicable exception permits such employees to work nine hours on one day of a calendar week. Neither this exception nor the other exceptions permitted by the Illinois Female Employment Act are adequate to meet the employment requirements of either plaintiff.

9. Overtime hours (i.e. work in excess of 8 hours each day and 40 hours each week) are compensated for at premium rates of pay.

10. Violations of the Illinois Female Employment Act are misdemeanors punishable for each offense by fines of not less than $25.00 nor more than $100.00.

11. Under Title VII of the Federal Civil Rights Act of 1964, it is an unlawful employment practice for each of the plaintiffs "to discriminate against any individual employee with respect to this compensation, terms, conditions or privileges of employment because of such individual's * * * sex * * *." or "to limit, segregate or classify his employees in any which which would deprive or tend to deprive any individual of ...


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