TRENTON
-- The Division on Civil Rights announced
today it has issued a Finding of Probable
Cause against the Plumbers and Pipefitters
Local Union No. 9 for allegedly removing a
union shop steward from his position because
of race.
Jon
Stokes, an African-American resident of Franklin
Township, Gloucester County, was removed from
his position as a Plumbers and Pipefitters
shop steward in June 2008 after working in
that capacity for five months at a construction
site at Duck Island in Trenton. Stokes was
immediately replaced by a white Plumbers and
Pipefitters member who had been on the same
job site for approximately two months.
Among
other things, the state’s Finding of
Probable Cause notes that Stokes brought information
to the attention of union leaders about racism
playing a role in his removal, but the union
“failed to provide (Stokes) with a safe
and effective procedure for reporting his
race discrimination complaint and having it
properly investigated.”
The
Finding of Probable Cause says Plumbers and
Pipefitters’ officials did not follow
up on reports that Stokes’ replacement
had been overheard repeatedly using racial
slurs to discuss Stokes, and had been heard
agitating for Stokes’ removal. The FPC
also notes that the Manalapan-based Plumbers
and Pipefitters Local 9 has no written policies
prohibiting racial or other bias-based discrimination,
and lacks any written procedures for reporting
such conduct.
“The
allegations in this case are disturbing,”said
Acting Division on Civil Rights Director Carlos
Bellido, who has joined the Stokes complaint
on behalf of the State. “There simply
is no room for racism in the workplace, be
it a union job site or a non-union job site.
We expect employers to have a ‘zero
tolerance’ approach to such conduct,
and to take swift, effective action when confronted
with evidence it’s taking place.”
A Plumbers and Pipefitters member since 1990,
Stokes began working as shop steward on the
Duck Island construction project in January
2008. He was removed from the shop steward’s
position on June 15, 2008.
According
to the Finding of Probable Cause, a union
business agent told Stokes he was being removed
because other union workers on the Duck Island
project had too many complaints. However,
the same union official declined to identify
those workers who had complained, or elaborate
on what they had complained about.
During the State’s investigation, the
same union business agent told DCR investigators
he’d received reports “from here
and there” that Stokes did not respond
swiftly enough when boiler makers needed materials.
Stokes told investigators that, prior to the
conversation in which he was advised he was
no longer shop steward, he’d never been
told by the business agent of any complaints
about him by other employees.
A Finding of Probable Cause does not resolve
a civil rights complaint. Rather, it means
the state has concluded its preliminary investigation
and determined there is sufficient evidence
to support a reasonable suspicion the New
Jersey Law Against Discrimination (LAD) has
been violated.
The Law Against Discrimination (LAD) provides
that each Respondent found to have committed
a violation is subject to a penalty of up
to $10,000, provided he or she has not been
convicted of a previous violation within the
past five years. Respondents who have violated
the LAD within the past five years are subject
to a penalty of up to $25,000, while those
who have been convicted of two or more violations
within the past seven years are subject to
a penalty of up to $50,000.
According
to Acting Director Bellido, now that the Division
has issued a Finding of Probable Cause, the
case will be referred for a process known
as Conciliation. If Conciliation is not successful,
the matter will be referred to an Administrative
Law Judge for a hearing on the merits, which
is a non-jury trial. The Administrative Law
Judge will then issue a written Initial Decision.
Acting
Director Bellido thanked Division on Civil
Rights Deputy Director Gary LoCassio, DAG
Estelle Bronstein, and DCR Trenton office
manager Lorraine LeSter for their hard work
on the Stokes matter.
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