Changes in facilities provoked racist response from white employees. They began a boycott of the bath house which continued even to 1971, and the cafeteria was permanently closed shortly after the agreement was signed because of the white boycott mentioned previously. Taking Taking its place were vending machines. But management, supported by the union, stood firm on its changes, and even disciplined white employees because

of racial incidents in the clock house.

The initial signs showed positive changes in minority employment as a consequence of conciliation, but not without strong effort by the respondent. But, if the first conciliation effort was successful, what followed was surely not: relations between the respondent and the

Commission quickly deteriorated.

In 1971, 33 charges of discrimination based on race were pending conciliation, and there were an additional three unsuccessful conciliation efforts. The majority of these alleged discriminatory discharge and failure to promote, with the latter, in all likelihood, following from the respondent's use of ability and qualification criteria for selection in the bidding procedure.

Contributing to the deterioration of their relationship, the respondent, in 1971, cited several EEOC shortcomings: its lack of impartiality; its repeated investigations, some of which were totally inadequate; its demands that created extensive paperwork; its alleged "get that bastard" attitude. The respondent further objected to the Commission's delay in the conciliation of investigated charges, to its desire in some cases to "just settle" for nuisance value, and to its "unreasonable" back pay proposals. Finally, from the respondent's viewpoint, there appeared to be an increasing number of charges in which no clear cut case of discrimina

tion existed.

In answering these charges, Commission personnel pointed to the respondent's new general counsel as the source of their problems.

The

young attorney from the respondent's corporate headquarters placed a stone wall before them on back pay issues, and rejected written conciliation proposals off hand. The Commission finally began to approach him verbally with a "what will you settle for" attitude. Representatives of the Commission acknowledged that the respondent frequently returned findings of fact because of incorrect information, but they felt that this, and the delay of investigation issue as well, were only smoke screens.

The conciliation ultimately produced only moderate gains (see Table 3-10). By 1971, some blacks could be observed in supervisory and office employment. Furthermore, some blacks bid into higher paying semi-skilled and skilled occupations as a result of pre-bid training. The overwhelming majority of these jobs, however, continued to be held by whites. Meanwhile, among the skilled trades, no blacks had entered apprenticeship or held journeyman status. Only two blacks found employment as millwrights. In summary, the initial committment to fair employ

ment expressed by the respondent in the conciliation agreement appears

to be dissipating due partially to declining employment and partially to

a deteriorating relationship with the Commission itself.

The Rubber Industry

This plant is a branch of one of the large manufacturers of tires
It is situated in a large metropoli-

for automobiles and heavy machinery.

tan area, the population of which is in excess of one-third black, and employed 3,021 in 1971, one-third of whom were black. The plant serves

a national market; its output is distributed among private brands,

original equipment, and sales in its own stores.

Table 3-10

Source: Employer EEO-1 and OFCC Reports.

The administration is complex:

there are 55 separate departments

formed within four divisions--production, industrial relations, technical,

and engineering. The largest of these is production with 2,523 employees, or 84 percent of the total in 1971. The local plant management functions with considerable autonomy in relation to its parent corporation.

Employment is heavily clustered in skilled and semi-skilled occupations: they account for 7 out of 10 jobs. Entrance requirements for production work include literacy, 18 years of age, and good health. Requisite skills within job classifications are primarily acquired through informal on-thejob training by supervisors. There are 223 employees, covering 9 crafts

in the skilled trades: the training for these jobs must be acquired outside the plant as no apprenticeship programs are offered inside.

Nonproduction work requires a minimum high school education, 18 years of age, good health, and ability to secure bonding. Salaried professional and administrative employees numbered 327 in 1971--11 percent of the work force--and technical and office employees totaled 170--6 percent. The method of selecting employees for production and nonproduction employees includes filing of an application, checking of references, and a personal Personality and ability to get along with others are considered important in the interview. No tests are given potential employees except in some skilled trades and in supervisory work.

interview.

There is a department manager, foreman, and supervisors in each division. Two hundred thirty-four (7 out of 10) salaried professional and administrative employees were classified as foremen or supervisors in 1971, with supervisors accounting for three-fourths of this total. Management provides pre-supervisory training for employees in addition to its regular supervisory training program. The plant is organized by an industrial union with