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MUSCIANESE v. UNITED STATES STEEL CORP.

February 9, 1973

Allan Muscianese, Plaintiff
v.
United States Steel Corporation et al., Defendants


Newcomer, D.J.


The opinion of the court was delivered by: NEWCOMER

NEWCOMER, D.J.

 In accordance with Rule 52 of the Federal Rules of Civil Procedure, the Court makes the following findings of fact and conclusions of law, including stipulations agreed to by all parties.

 1. This Court has jurisdiction over this action under the Selective Service Act of 1967, 50 U.S.C. App. § 459(d).

 2. Plaintiff resides at 15 Heiser Avenue, Trenton, New Jersey.

 3. Plaintiff was initially employed by defendant, United States Steel Corporation (hereinafter called "Corporation") on December 12, 1961, at the Fairless Hills Works at Fairless Hills, Pennsylvania.

 4. Plaintiff worked continuously for defendant until April 14, 1964.

 5. On April 14, 1964, Plaintiff left his non-temporary position with the "Corporation" as an Entry Craneman in the Cold Reduction Department, Sheet & Tin Division, for purposes of induction into the Military Service of the United States.

 6. Plaintiff's unit seniority date as of April 14, 1964, was December 12, 1961.

 8. Plaintiff made timely application for re-employment with Defendant Corporation and on March 14, 1966, was reinstated to his pre-service position as an Entry Craneman, Job Class 8.

 9. Within approximately one week after plaintiff had been reinstated to his pre-service position, he protested to William Riddick, General Foreman of the Cold Reduction Department, Sheet and Tin Division, that Defendant Corporation had failed to place him in a position ahead of the junior employees next in seniority and behind the Plaintiff.

 10. As of March 14, 1966, the Plaintiff's company plant and unit seniority date was December 12, 1961; Plaintiff's job seniority date in the position of Entry Craneman was April 14, 1964.

 11. If Plaintiff had not been absent in the Military Service between April 14, 1964, and March 14, 1966, the Plaintiff would have been awarded the Promotion to the position of Coil Feeder Helper before the junior employee next in seniority behind the Plaintiff, Jerry Eavers, who was awarded the promotion on April 17, 1965, and Plaintiff's job seniority date would be April 6, 1965.

 12. As of March 14, 1966, the next junior employee, Jerry Eavers, had a job seniority date of April 17, 1965.

 13. By the terms of a Collective Bargaining Agreement between the defendant and the United Steelworkers of America covering production and maintenance employees, dated September 1, 1965, and implementation by a supplementary local seniority agreement between Fairless Hills Works of Defendant Corporation and Local 4889, United Steelworkers of America, CIO, when factors of ability and physical fitness are relatively equal, then promotions are determined by length of continuous service. It is undisputed that Plaintiff's ability and physical fitness were at all times relevant hereto, relatively equal to those junior employees promoted ahead of Plaintiff.

 14. Plaintiff made repeated requests to William Riddick that he be placed ahead of those co-workers who were junior in seniority to Plaintiff at the time he was inducted into the Armed Forces.

 15. Such requests were not acted upon by Riddick because of adherence to the Corporation's policy which was based upon two 1955 arbitration decisions between the United States Steel Corporation and the United Steelworkers of America.

 16. Plaintiff was a member of United Steelworkers of America, Local 4889, which was affiliated with the United Steelworkers of America.

 17. On or about March 14, 1966, Plaintiff consulted Frank Dzurinko, President of Local 4889, regarding his seniority grievance.

 18. Plaintiff made repeated and persistent requests to Mr. Dzurinko from March, 1966, until June, 1966, ...


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