PAYNE

v.

HOCKER, WARDEN; MCCARTNEY V. SUPERIOR COURT, SAN BERNARDINO COUNTY, ET AL.; AND GARDNER V. CALIFORNIA ET AL.

Citator

Cited By

• Int'l Bhd. of Boilermakers v. Hardeman, 401 U.S. 233 (U.S. 1971)
  …hether the subject matter of the suit was pre-empted because exclusively within the competence of the National Labor Relations Board and, if not pre-empted, whether the courts below had applied the proper standard of review to the union proceedings, 398 U. S. 926 (1970). We reverse. The case arises out of events in the early part of October 1960. Respondent, George Hardeman, is a boilermaker. He was then a member of petitioner’s Local Lodge 112. On October 3, he went to the union hiring hall to see Herman W…
• Jones v. LEE WAY Motor Freight, Inc., 431 F.2d 245 (10th Cir. 1970)
  …as to those Negroes who were locked in by a combination of the requirements and discriminatory hiring practices. 420 F. 2d at 1230-1231. We believe that the issues with which we are concerned are not affected by the grant of certiorari in Duke. See 398 U.S. 926, 90 S.Ct. 1819, 26 L.Ed.2d 88. The remedial nature of Title VII requires the adoption of the business necessity test. If employers or unions could pursue, upon a showing of mere rationality, neutral policies which have the effect of perpetuating pa…