In Firefighters v. Stotts (1984) 467 U.S. 561, the court reversed an injunction implementing proposed layoffs because the scope of an underlying consent decree did not encompass alterations to a collectively bargained seniority system and the court lacked inherent authority to modify the decree in such a manner. Beginning with an acknowledgement of "the difficulties inherent in allocating the burdens of recession and fiscal austerity," Justice O'Connor's concurrence pointed out that the proposed seniority alterations could have been achieved by the injured employees either going to trial to establish illegal discrimination or by their seeking the participation of the union in negotiating the consent decree. (Id. at pp. 583, 588 (conc. opn. of O'Connor, J.).) In connection with the latter option, Justice O'Connor cited the "'judicial determination'" condition outlined in W. R. Grace & Co. v. Rubber Workers (1983) 461 U.S. 757 and added: "Thus, if innocent employees are to be required to make sacrifices in the final consent decree, they must be represented and have had full participation rights in the negotiation process." (Stotts, supra, at p. 588, fn. 3 (conc. opn. of O'Connor, J.).)