offered and accepted. The evidence adduced at trial further indicated that George Kline had no knowledge of the plaintiff's return to work until after the plaintiff had accepted the job as a machine operator's helper. Both Schaeffer and Clark testified that the offer of the machine operator's helper position to the plaintiff was based on a requisition form submitted to the labor relations department prior to plaintiff's appearance at the Westinghouse plant.
FINDINGS OF FACT
Based on the evidence presented during the one-day trial of this matter, the Court makes the following findings of fact:
(1) When plaintiff was placed on temporary disability in July of 1968, he was classified as a laborer grade eight (8), lock slot milling machine operator.
(2) On November 24, 1969, plaintiff was rehired by the defendant as a laborer grade three (3), machine operator's helper.
(3) At the time plaintiff was rehired by the defendant there were no available jobs within the classification of laborer grade eight (8), lock slot milling machine operator.
(4) Other than several jobs which plaintiff rejected as being unacceptable, the only opening in the Westinghouse plant for which the plaintiff possessed the necessary qualifications was that of machine operator's helper.
(5) Plaintiff was hired as a machine operator's helper in accordance with valid company procedure, i.e., that those individuals who return to work after being on temporary disability leave for more than one year are not automatically entitled to the position held immediately prior to the disability leave.
(6) George Kline was not aware of plaintiff Slamon's return to work at Westinghouse until after the plaintiff had been assigned to work as a machine operator's helper.
(7) Defendant Westinghouse did not discriminate against the plaintiff on the basis of his religion.
(8) The plaintiff is currently receiving permanent disability payments in the amount of $178 per month and in April, 1975, will be entitled to receive monthly payments under the defendant's pension and retirement program. The fact that the plaintiff was hired as a machine operator's helper will not decrease the amount of benefits receivable under the defendant's retirement and pension program.
(9) Defendant's supervisory employees, including George Kline, at no time made any derogatory or profane remarks concerning plaintiff's religion. Similarly, defendant's supervisory employees at no time participated in any action of harassment or indignity based on plaintiff's religion.
CONCLUSIONS OF LAW
The Court concludes that plaintiff has failed to show that Westinghouse engaged in discriminatory employment practices based on religion. In order to prove discrimination in the denial of employment, the plaintiff must show, inter alia, that he applied for and was qualified for a job for which the employer was seeking applicants. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973); Motorola, Inc. v. McLain, 484 F.2d 1339 (7th Cir. 1973). The credible evidence presented in this case established that the plaintiff was hired as a laborer grade three (3), machine operator's helper, because at the time he applied that was the only position available for an individual of plaintiff's skills and qualifications. While plaintiff testified that he desired to return to Westinghouse as a laborer grade eight (8), lock slot milling machine operator, the evidence clearly demonstrated that such position was not available at the time plaintiff returned from disability leave. We find the classification of the plaintiff as a laborer grade three (3) was based on the established hiring policy of the company and not on invidious religious considerations.
Accordingly, the relief requested by the plaintiff will be denied.
AND NOW, TO WIT, this 5th day of November, 1974, in accordance with the foregoing Opinion's Findings of Fact and Conclusions of Law, it is
ORDERED that the Clerk of Court shall enter Judgment in favor of the defendant in the above case. Each party shall bear its own costs.
LOUIS C. BECHTLE, J.