C-2 METRO THE CINCINNATI ENQUIRER Tuesday, January 18, 1983 Injunction Sought To Stop Layoffs Of Black Officers 1 3 a In the NAACP motion Monday, Alphonse A. Gerhardstein said the city has "ignored the whole thrust of the decree by instituting the layoffs and demotions and thereby reducing the percentage of blacks and women" within the police division. XI I BY KAREN GARLOCH Enquirer Reporter Budget-related layoffs and demotions of black Cincinnati police officers would be barred by a preliminary Injunction sought from U.S. District Court Monday. In its motion, the local National Association for the Advancement of Colored People (NAACP) chapter argued the city violated a 1981 federal court order by laying off blacks and women.
Seven black officers, four of them female, were among 23 officers and other non-uniformed city workers laid off Sunday on the basis of seniority. Those seven are joined In the motion by another black officer, Wendell Young, one of at least seven specialists to meet the new budget demands. The 1981 consent decree settled a 1980 discrimination suit filed by the U.S. Justice Department against the city. It set a goal for the city to hire 34 black and 23 female officers and to promote blacks and women into specialist A '''vv ft 't a I f7n Gerhardstein said the city has "Ignored the whole thrust of the decree by Instituting the layoffs and demotions and thereby reducing the percentage of blacks and women" within the police division.
THE NAACP asked the court to restore the Jobs of the blacks who were laid off and demoted. Failing that, the NAACP asked the court to stop the city from reducing the percentage of blacks or females on the police force. The latter alternative may not protect all of the laid off officers, Gerhardstein explained, but It would protect "most of them." He said that was the course of action taken by courts In similar cases in Boston, Toledo and Memphis. Of the three parties to the consent decree, the city, the Fraternal Order of Police (FOP) and the Justice Department, Gerhardstein said none has protected his clients. A spokesman In the local U.S.
attorney's office, an arm of the Justice Department, said no decision has been made as to whether the department will join in this motion. When the consent decree was signed In August, 1981, federal Judge Carl Rubin "expressly declined a retention of jurisdiction in this matter," Gerhardstein said. However, the motion argues that the statement does not prevent the court from taking action because "it is well established that courts have 'inherent power' to enforce settlement agreements that attempt to resolve cases pending before the court." Names of the laid off officers represented by the NAACP are Charles E. Dukes Phillip W. Barnes; William Paul Watts; Caro BENT BIRD: The pilot and two passengers aboard 4 escaped injury -Monday when the helicopter crashed on the Fltth Street ramp from Interstate 75.
The Bel Jet Ranger ,0 206-B II was worth about $200,000, according to Mike Reddin of Cincinnati Airways. The helicopter hit a light pole, bent its rotors and fell to the pavement at 12:41 p.m. At left, pilot Bernard "Skip" Ellerbrock answers firefighters' With him In the aircraft were reporter Dave Lane and photographer Mark Helton. I' -v. 5 and sergeant vacancies.
"DEFENDANTS (THE city) have never met their goals under the decree," the NAACP motion said. "Defendants (the city) are prohibited by the decree from acts that have a discriminatory effect on blacks and women. The challenged layoffs and demotions clearly have a discriminatory effect on blacks and women." Meanwhile, NAACP Executive Director Art Slater and Republican City Councilman J. Kenneth Blackwell said Monday that no police officers should have been laid off because the city has money to keep them. Blackwell proposed using $5 million reserved for liabilities that might arise from 1919 Who concert deaths.
However, Blackwell said, the city was dismissed from that suit on the basis of governmental Immunity. According to Alphonse A. Ger-hardsteln, attorney for the NAACP, blacks and women constituted 65 of the officers being laid off. THE LAYOFFS reduce the percentage of black officers on the force from 11.2 to 10.7. Female officers decreased from 4.8 to 3.7.
Last October, city officials attempted to resolve the gnawing seniority vs. affirmative action conflict by asking the federal court for permission to Ignore seniority In the event of layoffs In the Fire Division. It Is under a similar consent decree to hire blacks. Firefighters threatened to strike In protest The dispute was resolved when a Hamilton County Common Pleas judge ordered the firefighters not to strike and the city not to petition federal court. In the end, no firefighter was laid of but Legal Aid of Cincinnati petitioned federal court to enforce the consent decree If layoffs become necessary.
In the NAACP motion Monday, VI V'' Enquirer Ptmtos BY MICHAEL E. KEATING il lyn J. Freeland; Rosalind A. Curd; Stephanie O. Jenkins and Glna M.
Bowen Chides Blacks, Blasts Reagan Irving. The NAACP also represents Young and two other black officers, McKlnley Brown and Terry Smith, who received layoff notices but have not been laid off. Those officers and white col leagues laid off and demoted have challenged their layoffs before the federal programs only. He challenged blacks to work toward a district system of electing Cincinnati city council and to ensure the election of the county's two appointed black municipal Judges, Jack Sherman and Barry Isaacs, when their terms end this year. The seven white council members In the audience didn't escape Bowen's notice.
"With all due respect to present members," he said, "the No. 1 Item on our agenda In this city should be changing the system of electing people to city council." Union Baptist Church Monday, "or Is someone sending up stronger dreams than ours? "We gained a little access and, lo and be-hold, we stopped dreaming." Bowen, sponsor of the bill which made Cfng's birthday a state holiday, cited case after case where he said the blacks' dream of equality is eroding at the hands of conservatives in the White House. And those who didn't vote In 1980 should blame themselves, he said. "By not voting, they gave a vote of confidence to Ronald Reagan." Bowen's criticism wasn't reserved for city's Civil Service Commission. BY KAREN GARLOCH Enquirer Reporter Martin Luther King Jr.
had a dream, but on the Ohio holiday honoring King's birthday, State Sen. William F. Bowen chlded fellow blacks for forsaking that dream and settling Into apathy. Bowen also accused the Reagan administration of resurrecting "everything short of legally sanctioned slavery." "Have we stopped dreaming," Bowen, D-Clnclnnatl, asked a congregation of 300 at Their appeals, filed by FOP attorney Donald E. Hardin, are based on a new state law which allows a civil service employee to appeal his layoff on the basts that funds were available to prevent It.
Routine License Check Strike Spiked, Drivers Negotiate Leads To Robbery Charge from two tellers. He fled to a He said he did not think the men should ask for a $10.50 hourly wage now because of hard times. "Nobody Is making money now. I can see asking for it three years down the line, but not now. They should be glad that they even have a job," Klser said.
He said drivers told him SDI refused the raise because company officials said SDI has lost money since it bought some of the assets of Reading Central Mixed Concrete. "They asked me to call for an audit of the company's records. I didn't want to, but I had an audit done and the auditors showed that the company had lost $1.5 million since It purchased the other company," Klser said. James Simon, SDI general manager, said the union and the company will meet today and he said he feels the dispute will be settled. BY ALLEN HOWARD Enquirer Reporter Their strike vote spiked, drivers at a Reading, Ohio, concrete company today return to contract negotiations with company officials.
The drivers, members of Teamsters Union Local 100, voted 35-29 Sunday to strike after members rejected a contract offer from SDI Reading Concrete Inc. The walkout was to start today but SDI said six persons who voted to strike had not paid their union dues and were not entitled to vote. Also, union attorney Mark Oreenberger suggested the union examine the validity of SDI's challenge before striking. the $10.50 an hour they are seeking. The union said the company wants to freeze wages at $8.50 an hour.
The contract expired Dec. 31. A 15-day extension expired Sunday. Oairald (Jerry) Klser, president of Local 100, said the union's negotiating committee told him Monday It did not want to strike. Committee members asked him to Invoke the two-thirds majority strike-vote rule, he said, and they agreed to go back to the bargaining table before calling for the two-thirds majority vote.
"If the contract proposal is rejected again, we will call for the two-thirds majority vote," Kiser said. Greenberger said he also was asked to determine if a strike vote requires a two-thirds majority. "My ruling was that it definitely does," Greenberger said. "It is right in the by-laws of the union's constitution." Union members voted 99 for a strike a month ago but Sunday's vote only gave a simple majority of those voting. A strike would hit major conduction, Including the Procter Gamble office building, Bell Telephone's Atrium II and the Prudential Building.
SDI delivers ready concrete to those sites. At issue Is whether the company can afford to pay the drivers Kenneth Hatcher, 24, 6065 Stover Golf Manor, was charged Monday with robbing the First National Bank office, 5655 Vine Elmwood Place. Hatcher was arrested at about 10 p.m. Sunday by North College Hill Police Officer Randy Naegele who stopped Hatcher's 1975 Dodge for a traffic violation. Naegele ran a computer check of the license number and found the car had been used In the hold-up, Elmwood Place Detective Michael McMillan said.
In the Dec. 1 holdup, a man with a handgun ran Into the bank, Jumped the counter and took cash Dodge with the license number on Naegele's car, McMillan said. A red-dye packet exploded when the robber entered the car. While being questioned by Elmwood Place officers early Monday, Hatcher confessed to the robbery, McMillan said. The loot-the amount of which remains unde-termlned-has not been recovered, he added.
Hatcher Is to appear for arratg-ment today In Hamilton County Municipal Court on the aggravated robbery charge. He was being held overnight In Central Detention lockup In the basem*nt, of Cincinnati City Hall. Deaths Chester G. Eichelberger Was Pioneer In Introduction Of Electricity the Maple Knoll Chapel. Burial will be In Spring Grove.
Memorials may be made to the General Protestant Orphans Home or the charity of donor's choice. An active member of Zlon Baptist Church since 1919, Mrs. Johnson was president emeritus of the Pastors' Aid Club and a member of the Lydla Missionary Circle. In 1950, the church named her "Moth' er of the Year." She was a charter member of the Davles Place-Stewart Road Block Club In Madison-vllle. Surviving are a son, Richard, of Detroit; daughters, Elizabeth Ward, Alberta Trlbble and Dorothy Walls, all of Cincinnati; 21 grandchildren and 24 great-grandchildren.
Visitation will be 6-9 p.m. today at Zlon Baptist Church, 630 Glenwood Ave. Services will be at 1 p.m. Wednesday at the church. Burial will be In Spring Grove Cemetery.
Renfro Funeral Service Is handling arrangements. Chester G. Eichelberger, 93, a pioneer in the introduction of electricity into the Queen City and former vice president for Cincinnati Gas Electric died Monday In Maple Knoll Retirement Village, Sprlngdale. 7 A graduate of Ohio State University, he started in 1913 In the electric commercial department. Soon after, he conducted the first commercial and Industrial lighting demonstration In the city.
In 1929 he was appointed assistant to the president of and in 1938 was named vice president In charge of the rate department. He served on board from 1938 to 1948 and retired In 1951. A 41-year resident of Marlemont, he participated in numerous organizations Including the village planning commission. When he moved In 1976, village honored him. He was also a member of the Edison Electric Institute and Its predecessor, the National Electric Light Association, the American Gas Association, the Association of Edison Illuminating Companies, the Ohio Society, Cincinnati Club, Exchange Club and Scottish Rite.
He leaves his wife, Dorothy Beaumont Elchel-5 berger; daughters, Virginia Hendrlxson, and Dorothy Heuck; sister, Edith Zizert, Dayton, seven grandchildren and six great-grandchildren. A memorial service will be 2 p.m. Wednesday In 1 p.m. Burial will be in Williamsburg, Ohio, Cemetery. Memorial contributions may be made to the Shrlners Burns Institute or the Carthage Christian Church.
James R. Croswell 80, died Saturday at his Kennedy Heights home. He was a 45-year employee of Western Union Co. and a 50-year member of High Noon Masonic Lodge, where he served three terms as the master and was secretary for the past ten years. He was a recipient of the First Masonic District's Distinguished Past Masters Award.
He also was a member of Walnut Hills Chapter 151-Royal Arch Masons, the Cincinnati Scottish Rite Valley, and Syrian Temple Shrine. He was a charter member of the Shrine's past masters unit. He Is survived by wife, Gertrude; daughter, Betty; son, Robert; brother, Ralph; sisters, Mary Ellis and Lucille, and two grandchildren. Services will be 10 a.m. Wednesday at the Bam-ber Funeral Home, 3011 Woodburn East Walnut Hills.
Visitation will be 5-8 p.m. today at the funeral home. Memorials may be made Ohio Masonic Home In Springfield. Lola Mae Johnson, 90, of Madisonviiie, died Friday at Bethesda Hospital. Jack W.
Applegate, 59, a former production controller for Cincinnati Mllacron and high-ranking Mason and Shriner, died Sunday at his Pleasant Ridge home. Mr. Applegate was a 33rd Degree Mason, president of the Society of Shrine Past Masters, a member of Syrian Temple Shrine, past most wlsemaster of Cincinnati chapter of Rose Croix Degree, past master of Evanston Lodge 697, past district deputy grandmaster of the 1st Masonic District and member of Arra Chapter, Order of the Eastern Star, and chapter adviser and district deputy of the DeMolay. He also was an elder of the Carthage Christian Church and served in World War II as an Army Air Corps officer. Survivors include his wife, Frances (Oentry); sons, Mark, John and Craig; sister, Edith Applegate, and eight grandchildren.
Services will be at 10:30 a.m. Thursday at Elden A. Oood Funeral Home, 2620 Erie Ave. Visitation will be Wednesday, 3-5 and 7-10 p.m. Arra Chapter, OES, services will be at 7:30 p.m.
Wednesday, followed by Evanston Lodge and Scottish Rite ring services at 8 Viola E. Reiter, OS, died Sunday at St Margaret Hall retirement home in O'Bryonvllle. She was an active supporter of Salvation Army activities, Including the Catherine Booth Home. She is survived by brothers, Howard Clifford H. and R.
Amor, all of Cincinnati. Services are at 2 p.m. Wednesday In the Norman Chapel of Spring Orove Cemetery. Visitation Is noon-2 p.m. Wednesday at the chapel.
Elden Good Funeral Home, Hyde Park, Is handling arrangements..
