Marchwinski v Oliver Tyrone Corp

Roslyn M. Litman, Howard A. Specter, Pittsburgh, Pa., for plaintiffs.
Robert W. Hartland, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Oliver Realty & Pgh. Bldg. Assoc.
Herman L. Foreman, Rothman, Gordon, Foreman & Groudine, Pittsburgh, Pa., for Local # 29.
Judd N. Poffinberger, Jr., Thomas R. Johnson, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for Oliver Tyrone Corp.

An action for sex discrimination in employment was brought by two female employees against union and employers. On plaintiffs' motion for certification of a class of plaintiffs, to be composed of similarly situated female workers, and a class of defendants, to be composed of approximately 30 to 50 employers in the city similarly situated to one defendant employer, the District Court, Cohill, J., held that: (1) a defendant class should be certified and such an action tried only after careful attention to the relevant safeguards, and (2) a defendant class was inappropriate as a matter of law as to the Title VII claim, but certification of a defendant class on the remaining claims was not legally precluded, and discovery would be permitted on the question of certification of plaintiff and defendant classes relative to the assertion of violations of the Civil Rights Act of 1871 and the antitrust laws. Order in accordance with opinion.