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Note: 

Labor Law—Civil Rights—A Predominantly Black Union Can Be Held Liable for Back Pay for Acquiescing in a Racially Discriminatory Seniority System.  Carey v. Greyhound Bus Co., 500 F.2d 1372 (5th Cir. 1974), 53 TEXAS L. REV. 612 (1975). 

In Carey, Greyhound Bus Company had maintained a policy under which an employee who left Class B employment, which was comprised predominantly of blacks, and entered Class A employment, which was comprised predominantly of whites, had his seniority computed from the date he joined Class A rather than the date he originally entered Class B.  The plaintiff, who lost eleven years of seniority under the system, filed a suit under Title VII of the Civil Rights Act of 1964 against both Greyhound and two unions, one predominantly black and the other predominantly white.  The Fifth Circuit held that under Title VII, when a seniority system locks blacks into low-paying jobs, the employer, as well as both the predominantly black and the predominantly white unions can be held liable for back pay due to their acquiescence in the system.  In this note, the author argues that it was unjust to hold the predominantly black union liable for back pay.  Under Title VII, an employer or union commits a violation by discriminating against an employee “because of” his race.  The author suggests that rules under Title VII are too broad and inflexible, and that courts instead ought to be allowed more flexibility to deal adequately with close cases.