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WILLIS v. CHICAGO EXTRUDED METALS COMPANY

May 1, 1974

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 the defendant Chicago Extruded Metal Company's ("Extruded Metals") motion to strike and dismiss. 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. § 301(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 employer 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 29 U.S.C. § 152(5) 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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