CARPENTERS JOINT APPRENTICESHIP & TRAINING COMMITTEE v. ELDREDGE
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459 U.S. 917 (1982)
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U.S. Supreme Court
CARPENTERS JOINT APPRENTICESHIP & TRAINING COMMITTEE v. ELDREDGE , 459 U.S. 917 (1982)
459 U.S. 917
CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES JOINT APPRENTICESHIP AND TRAINING COMMITTEE AND TRAINING BOARD
Linda ELDREDGE, et al
Supreme Court of the United States
October 12, 1982
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The motion of respondents for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is denied.
Justice REHNQUIST, dissenting from denial of certiorari.
This case raises a question of the proper application of Rule 19 of the Federal Rules of Civil Procedure 1. Because I believe the Court of Appeals seriously misapprehended the import of the rule, I respectfully dissent.
Petitioner Joint Apprenticeship Training Committee ("JATC") is the board of trustees for the Carpenters Ap-
prenticeship and Training Trust Fund for Northern California. The labor- management agreement that created JATC requires it to establish and maintain programs for training apprentices. Respondents, two women who sought unsuccessfully to become carpentry apprentices, sued JATC in the District Court, claiming its selection process discriminates against women in violation of Title VII, 42 U.S.C. 2000e-2. The District Court set out the facts in detail in its first opinion, 440 F.Supp. 506, 510-14 (N.D.Cal. 1977).
JATC's program provides 4 years of classroom instruction for apprentices, who receive on-the-job training from an employer. In theory, applicants can become indentured apprentices in one of two ways. First, they can wait in line at a local JATC office to obtain a place on a referral list. Employers can call the local office, which will refer to them the applicant at the top of the list. Employers are entitled under their collective bargaining agreements to reject referred applicants "for any reason." If the employer hires the referred applicant, he or she is indentured and thus admitted to the training program.
Second, local JATC offices will give anyone a "hunting license," which enables the holder to hunt for jobs directly from employers. If the applicant obtains a job, he or she is indentured without regard to the referral list. In practice, very few employers use the referral list and virtually all apprentices obtain their jobs through a hunting license.
As the Court of Appeals found, the essence of respondents' amended complaint is that JATC adopted the hunting license system knowing it has a discriminatory effect on women. Respondents claim that employers discriminate against women when hiring applicants with hunting licenses, and that JATC's use of the system therefore violates Title VII. 662 F.2d 534, 536 (CA9 1981). Respondents sought injunctive relief requiring JATC to adopt some other system. As the District Court noted: [459 U.S. 917 , 919]