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WILLIS v. CHICAGO EXTRUDED METALS COMPANY

April 25, 1973

ANDREW WILLIS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
CHICAGO EXTRUDED METALS COMPANY, A CORPORATION, AND ALLIED INDUSTRIAL WORKERS OF AMERICA, AFL-CIO LOCAL 717, AN UNINCORPORATED ASSOCIATION, DEFENDANTS.



The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This cause comes on defendant Chicago Extruded Metals Company's motion to dismiss the amended complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. This is an action to redress alleged deprivation of the plaintiff's civil rights pursuant to the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1870, 42 U.S.C. § 1981. This Court is alleged to have jurisdiction under 42 U.S.C. § 2000e-5(f), 29 U.S.C. § 185(a), 28 U.S.C. § 1331 and 1343, and 42 U.S.C. § 1985.

The plaintiff Andrew Willis is a Negro citizen of the United States residing in Chicago, Illinois. The defendants are the former employers of Andrew Willis, Chicago Extruded Metals Company ("Extruded Metals"), an Illinois corporation having its principal place of business in Chicago, Illinois, and the plaintiff's former union, Allied Industrial Workers of America, AFL-CIO, Local #717 ("Local 717"), a labor organization within the meaning of 42 U.S.C. § 2000e(d) and (e) and § 301(a) of the Labor-Management Relations Act.

The plaintiff, in his amended complaint, alleges the following facts, inter alia:

  1.  Plaintiff Andrew Willis brings this action on
      his own behalf and on behalf of all other
      persons similarly situated pursuant to Rule
      23(b)(2) of the Federal Rules of Civil
      Procedure. The class which plaintiff
      represents is composed of all Negroes

(a) who were or are members of Local 717;

      (b) who will apply for membership or become
      members of Local 717;
      (c) who were, are, or will be represented by
      Local 717;
      (d) who have sought or will seek employment
      with Extruded Metals; and
      (e) who were or are employed by Extruded
      Metals.
  2.  The defendant Local 717 conspired with the
      defendant Extruded Metals to make possible
      racially discriminating employment practices.
  3.  The defendants have discriminated against
      Andrew Willis because of his race and color
      by denying him equal opportunity for
      employment retention and advancement. Further
      the defendants have prevented the plaintiff
      from exercising his rights under employment
      contracts and from receiving equal treatment
      under the applicable collective bargaining
      agreement.
  4.  More specifically, on or about March 19,
      1971, at approximately 2:45 a. m., plaintiff
      Andrew Willis was working the night shift for
      Extruded Metals when he received a telephone
      call from his daughter asking him to come
      home as his grandchild was very sick. The
      plaintiff was unsuccessful in locating a
      foreman or supervisor in order to obtain
      permission to leave, so he left the plant
      after notifying his fellow workers of his
      intentions. In his haste to aid his
      grandchild the plaintiff forgot to "punch
      out". On that same day, March 19, 1971, the
      defendant Extruded Metals, without any
      hearing, fired the plaintiff Andrew Willis.
  5.  The plaintiff has fully complied with all
      procedural requirements of Title VII. A
      timely complaint was filed with the Equal
      Employment Opportunity Commission (EEOC)
      within 210 days of the alleged unlawful
      employment practices, more than sixty days
      after referral of the charges to the Illinois
      Fair Employment Practice Commission, and the
      instant action was filed ...

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