The opinion of the court was delivered by: SORG
1. Plaintiff, Robert M. Foremsky, hereinafter referred to as Foremsky, is an individual residing in Duquesne, Pa.
2. Defendant, United States Steel Corporation, hereinafter referred to as U.S. Steel, is a corporation which maintains a place of business at Homestead, Pa.
3. The defendants, United Steelworkers of America, hereinafter referred to as United Steelworkers, and its Local Union No. 3063, are national and local collective bargaining units which represent plaintiff in his capacity as an employee of U.S. Steel.
4. Foremsky entered the employ of U.S. Steel in March of 1956, as messenger, after having taken the standard preemployment qualifying tests.
5. He progressed in orderly fashion through the ranks and, on June 6, 1959, acquired a non-temporary position as an Offset Printing Machine Operator at defendant U.S. Steel's Homestead plant.
6. Foremsky held this job classification at the time of his induction into the Armed Services of the United States on August 31, 1961.
7. On September 5, 1963, plaintiff was honorably discharged from the Armed Forces, receiving a certificate to that effect which he presented to the company on September 10, 1963, when he applied for restoration of employment.
8. On September 17, 1963, Foremsky was reemployed as an Offset Printing Machine Operator (hourly), with seniority dating from June 6, 1959.
9. On September 11, 1963, a notice of job opening for Order Coding Clerk was posted for bidding.
10. On October 7, 1963, plaintiff filed two bids for this position and on October 25, 1963, was assigned to this position effective October 13, 1963.
11. It is not disputed that Foremsky's promotion, as well as those of other employees involved in the issue presented here, was made in accordance with the terms of the collective bargaining agreement in effect among the above named defendants.
12. During the period of Foremsky's military service, eight other employees, junior to Foremsky in length of service as Offset Printing Machine Operators, had been similarly promoted to the Order Coding Clerk classification, six of whom are presently listed as prior in seniority to Foremsky in the Order Coding Clerk classification.