The present settlement agreement is not only justified by legal precedent, but is inherently reasonable and sound as a matter of policy. The benefits to plaintiff class of minority applicants inevitably result in some detriment to non-minority correctional officers competing for promotion *1125 to the rank of Lieutenant. However, the benefits to plaintiff class are modest and are carefully tailored to the precise problem raised by them in litigation. By the same token, the detriment to the non-minority applicants is also modest and is in fact considerably less than what might have occurred if plaintiffs had pressed their litigation to the end and not agreed to a settlement [i.e., those appointments already made could have been declared null and void].
Unless the FOP [the named defendant-union] can demonstrate that it has been ordered to take some action by the [consent] decree, or ordered not to take some action, or that its rights or legitimate interests have otherwise been affected, it has no right to prevent the other parties and the Court from signing the decree.
With respect to matters not covered by this Agreement, the Employer will not seek to diminish or impair during the term of this Agreement any benefit or privilege provided by law, rule or regulation for employees without prior notice to the Union and when appropriate, without negotiations with the Union provided, however, that this Agreement shall be construed consistent with the free exercise *1128 of rights reserved to the Employer by Article 6 of this Agreement.
Position | Percent | Number | Number |
---|---|---|---|
Rank Nos. | Minority | Minority | Non-Minority |
1-107 | 5.6% | 6 | 101 |
108-229 | 9.8% | 12 | 110 |
230-298 | 16.0% | 11 | 58 |
299-416 | 19.5% | 23 | 95 |
417-525 | 29.4% | 32 | 77 |
526-619 | 33.0% | 31 | 63 |
620-672 | 47.2% | 26 | 28 |
Score | Percent | Number | Number |
---|---|---|---|
Range | Minority | Minority | Non-Minority |
50-54 | 7.9% | 7 | 82 |
48-49 | 10.1% | 12 | 107 |
45-47 | 20.8% | 42 | 160 |
43-44 | 26.0% | 27 | 77 |
39-42 | 33.8% | 53 | 104 |
Score | Rank | Number of | |
---|---|---|---|
Zone | Range | Range | Eligibles |
1 | 82.5 + | 1-247 | 233 |
2 | 78.0-82.0 | 248-525 | 286 |
3 | 73.0-77.5 | 526-672 | 153 |
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