including Youngstown Sheet & Tube Company and J & L entered into a consent decree with the Departments of Justice & Labor and the Equal Employment Opportunity Commission to resolve claims of alleged employment discrimination on the basis of race and sex. In 1975, Youngstown Sheet & Tube Company entered into an agreement (implementing agreement) with the United Steelworkers Local 4211 to implement the consent decree. The implementing agreement provided for the reassignment of patrolmen at the Campbell and Brier Hill facilities in the event of a reduction in work force.
The consent decree established an Audit and Review Committee. The function of the Audit and Review Committee, among other things, is to review implementing agreements to assure compliance with the Consent Decree. The implementing agreement with Local 4211was approved by the Audit and Review Committee.
Plaintiffs were patrolmen in the security department at the Campbell facility. The security department at the Brier Hill facility was closed in 1982. J & L and the Union assert that pursuant to the implementing agreement, senior patrolmen from the Brier Hill facility could displace patrolmen with less seniority at the Campbell facility. Plaintiffs were patrolmen at the Campbell facility who were displaced by senior patrolmen from the Brier Hill facility.
Plaintiffs assert that pursuant to the implementing agreement, patrolmen from the Brier Hill facility could only displace employees in a patrolman-excess position at the Campbell facility. A patrolman-excess is an employee who is in the process of being trained for a regular security department position (patrolman) or who is filling temporary