this action.

II
Application of the United States Steel standard to this action requires reference to our earlier decision on the merits. Because that decision was not published, making as it did no contribution to the development of Title VII precedent, review of our earlier findings is necessary at this juncture, as follows:
Local 60-741 is a merged local, being the progeny of the earlier segregated Locals 60 (Black) and 471 (White). The merger of these locals came about as an attempt to comply with the Civil Rights Act of 1964. In 1965, merger was facilitated by an agreement which, among other matters, designated six positions on the Executive Board of the resulting Local as positions to be filled from the membership of earlier Local 471 and three as positions tobe filled from the membership of earlier Local 60. This agreement remained effective until 1971, after which the entire Executive Board was to be elected at large.
After the merger, the function of the Local remained the same as the function of the Locals was before the merger. The main function of the Local was to fix wage rates. Members of the Local were loosely governed, due to the type of work they did. Most hiring was done by individual orchestra leaders. The Local operated no hiring hall, and, in fact, contended that it almost never received inquiries leading to employment. Plaintiffs, however, contended that calls were received and referrals were not made to blacks due to the absence of blacks on the Executive Board.
There is no question that