Say Not Justified
U.S. Opposes UFA Role in Vulcan Suit

By ARI PAUL

The U.S. Department of Justice last week formally opposed the Uniformed Firefighters Association's motion to intervene as a party defendant in its case against the city for using written entrance exams for Firefighters that allegedly have a disparate impact on minority candidates.

WAN KIM: 'Won't affect fire safety.'

"The UFA does not explain how the safety of its members would be endangered by a determination that the practices challenged by the United States in this case are not job-related and consistent with business necessity," wrote Assistant Attorney General Wan Kim. "In fact, firefighter safety will not be affected by such a determination because the City has already determined that it will cease using the employment practices the UFA seeks to defend, regardless of the outcome of this case."

Unnecessary Delays

Mr. Kim, who heads the DOJ's Civil Rights Division, went on to say that letting the union intervene in the liability phase of the case would cause unnecessary delays.

"However, the United States believes that the UFA should be joined as a non-liability party pursuant to Rule 19 of the Federal Rules of Civil Procedure because some forms of relief sought by the United States, such as retroactive seniority, may affect rights and obligations of the UFA's members under the union contract," he wrote.

JOHN COOMBS: Pleased by 'Justice' action.

The UFA filed a motion to intervene July 11 on the side of the city in the case filed in late May. The Vulcan Society of African-American firefighters accused the union's president, Steve Cassidy, of playing "racial politics." But Mr. Cassidy has said that the two written exams under challenge did not seem discriminatory and were essential for evaluating potential Firefighters. The union formally responded to the DOJ's challenge to its intervention July 27.

"We have what we feel is a compelling case and await the decision of the court," said UFA spokesman Tom Butler.

Vulcan president John Coombs welcomed the DOJ's position.

"It's a great sign," he said. "They shouldn't intervene because you have a union that's supposed to represent its members and it's not acting in concert with its own union charter. It's a wake-up call for the UFA."

The Vulcans, who filed discrimination charges with the U.S. Equal Employment Opportunity Commission with the aid of the Center for Constitutional Rights over the 1999 and 2002 written exams, filed a motion to intervene on the side of the United States July 17, along with individual minority candidates. In the case that stems from these charges, the DOJ alleges the tests violated the Civil Rights Act.

"As filers of the original Equal Employment Opportunity Commission charges that form the basis of this lawsuit, proposed Plaintiffs-Interveners have the right to intervene in this action, pursuant to section 706(f) of Title VII of the Civil Rights Act of 1964," wrote Richard Levy, an attorney for the Vulcans, July 23.

The same day, Mr. Levy wrote U.S. District Judge Nicholas Garaufis, who is presiding over the case, that he expects the city to oppose his clients' motion to intervene.