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Wallace Bolden, et al v. Walsh Construction Company

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ARGUED JULY 24, 2012

Before EASTERBROOK, Chief Judge, and POSNER and FLAUM, Circuit Judges.

Walsh Construction Company is one of the nation’s largest builders, erecting skyscrapers and paving roads, among other projects. Walsh has a central organization of permanent employees, in- cluding superintendents dispatched to manage par- ticular projects. These superintendents have discretion over hiring and pay of the hourly workers who do most of the tasks on-site. The central organization has a few policies, including rules against racial discrimination (with annual training in how to detect and prevent it), and a requirement that superintendents honor collective bargaining agreements, but for most other subjects the superintendents are in charge. This is the norm in the construction business, where the availability of labor and the tasks to be performed change frequently, making flexibility essential. When one phase of a project is completed, Walsh needs journeymen in different trades to handle the next phase. The superin- tendent and foremen also must mesh the tasks assigned to Walsh’s workers with those handled by subcontractors.

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