to reasonable cause but after investigation) has risen from 20.4% in first quarter FY 1973 to 49.3% in third quarter FY 1974. The total number of charges successfully settled through pre-determination settlement attempts during FY 1973 was 1,091. This has risen to 1,151 for the first three quarters of FY 1974 alone. The total number of pre-determination settlement attempts has declined from 769 in first quarter FY 1973 to 688 in third quarter FY 1974 in line with a general policy direction to limit pre-determination settlement attempts to those cases with a high probability of success because if an attempt is unsuccessful another attempt at settlement of the same issues must be made after the Commission issues its reasonable cause finding. The rise in the volume of charges conciliated increased markedly with the change in procedure on September 27, 1972, which provided that 32 District Directors could issue Determination Letters in cases where the Commission had previously ruled on a similar fact situation. This change in procedure also permitted District Directors to make and approve conciliation agreements and predetermination settlement agreements. See 29 CFR 1601.19 (b) (d). Previous to September 27, 1972, all determinations of reasonable cause and most conciliation agreements or pre-determination settlement agreements were issued by the five Commissioners. The decentralization of authority had the effect of decreasing substantially the time period between the date of filing of a charge and the date the Commission made its finding of reasonable cause and thereby increased the likelihood that a charge could be successfully conciliated. Although there is a two-year limitation on the accrual of backpay liability, the two-year period covers the two years prior to the filing of the charge, not from the date the Commission makes its reasonable cause determination. Consequently some respondents were reluctant to conciliate charges once the backpay liability had become too burdensome. In addition, the fact that the factual setting in which the discrimination occurred may have changed substantially between the date of the investigation and the conciliation attempt tended to dissuade respondents from settling the charge through the voluntary process of conciliation. The decline in the total volume of pre-determination settlements is also, to some extent, reflective of the change in Commission procedure because in the period prior to September 27, 1972, the policy direction was to make a pre-determination settlement attempt on virtually all charges in an attempt to avoid the long waiting period between investigation and the issuance of a Decision by the five Commissioners. This rationale, of course, disappeared once the determination process was decentralized and gave rise to the policy direction previously mentioned of limiting pre-determination settlement attempts to cases with a high probability of success. Question 16. Specifically, provide us with a detailed statistical breakdown of the charges disposed of through administrative closure. Answer. Table 6 shows the total number of Administrative Closures by Region for FY 1973 and through April 30, 1974 for FY 1974. The Administrative Closures are divided into two categories: those which are closed for no jurisdiction and those which are closed for failure to proceed. Charges administratively closed for failure to proceed have increased in FY 1974 over FY 1973. This is primarily due to the Charging Party Contact Program (discussed in question five) which contacts Charging Parties with charges over two years old to see if they wish to still have their charge processed. This was not done previously until the investigator was assigned the charge for investigation. Chairman, Subcommittee on Equal Opportunities, Committee on Education and Labor, U.S. House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: My letter of July 30, 1974 to you included responses to the questions raised in your letter of July 18, 1974 with the exception of question 4 and end of year data. Enclosed please find the response to question 4. Please note that the comparative breakdown is between June 30, 1973 and May 31, 1974 in place of June 30, 1974. End of year data will be forthcoming in the next thirty to forty-five days and will be forwarded to you at that time. If we can be of any further assistance to you, please let me know. Sincerely, JOHN H. POWELL, Jr., Chairman. Question 4. Provide a comparative breakdown, according to District office and regional office, of complaints which are more than 24 months, 18 months and 12 months old as of June 30, 1973; and June 30, 1974? Answer. The enclosed comparative breakdown is between June 30, 1973 and May 31, 1974 in place of June 30, 1974. End of year data will be forthcoming in the next thirty to forty-five days and will be forwarded to you at that time. TABLE 4.-AGE DISTRIBUTION OF UNCOMPLETED CHARGES OVER 12 MO. OLD (REGION SUMMED COMMISSIONWIDE) TABLE 4.-AGE DISTRIBUTION OF UNCOMPLETED CHARGES OVER 12 MOS. OLD (REGION SUMMED COMMISSIONWIDE) Continued AGE DISTRIBUTION OF UNCOMPLETED CHARGES OVER 12 MO.OLD. (DISTRICT OFFICES SUMMED BY REGION) |