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RIVERS v. WESTINGHOUSE ELEC. CORP.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 9, 1978

ROBERT RIVERS
v.
WESTINGHOUSE ELECTRIC CORPORATION

The opinion of the court was delivered by: HUYETT

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

 HUYETT, J.

 Following a non-jury trial concluded on February 9, 1978, we make the following Findings of Fact and Conclusions of Law as required by Fed.R.Civ.P. 52(a).

 FINDINGS OF FACT

 1. Plaintiff in this action, Robert Rivers, is a black adult male. Defendant, Westinghouse Electric Corporation (Westinghouse), is a corporation with a plant located in Lester, Pennsylvania.

 2. On July 16, 1951, plaintiff was hired by defendant and began work as a sweeper at defendant's Lester Plant. Since June 10, 1957 plaintiff has been employed by defendant as a fitter-assembler, labor grade 11, which is the highest labor grade within his job classification.

 3. Except for a period of military service, plaintiff was continuously employed by defendant until May 2, 1975, when Westinghouse terminated plaintiff's employment effective March 10, 1975.

 4. Plaintiff was disciplined by defendant on twenty-three (23) separate occasions between March, 1959 and his discharge effective March 10, 1975 (Exhibit D-8a).

 5. During the year 1970 plaintiff was absent (excluding vacation days and holidays) thirty-four (34) of 148 regular working days (excluding vacation days and overtime hours scheduled) (Exhibit D-8).

 6. During the year 1971 plaintiff was absent (excluding vacation days and holidays) seventy-nine (79) of 220 regular days (excluding vacation days and overtime hours scheduled) (Exhibit D-8).

  7. During the year 1972 plaintiff was absent (excluding vacation days and holidays) fifty-four (54) of 232 regular working days (excluding vacation days and overtime hours scheduled) (Exhibit D-8).

 8. During the year 1973 plaintiff was absent (excluding vacation days and holidays) eighty-three (83) of 241 regular working days (excluding vacation days and overtime hours scheduled) (Exhibit D-8).

 9. During the year 1974 plaintiff was absent (excluding vacation days and holidays) sixty-one (61) of 232 regular working days (excluding vacation days and overtime hours scheduled) (Exhibit D-8).

 10. During the period from January 1, 1975 to March 10, 1975 plaintiff was absent (excluding vacation days and holidays) forty-nine (49) of seventy-one (71) regular working days (excluding vacation days and overtime hours scheduled) (Exhibit D-8). 11. During the years 1970 to 1975 plaintiff arrived late or left early as set forth below: LATE ARRIVAL LEFT EARLY 1970 2 20 1971 8 29 1972 4 32 1973 9 38 1974 5 15 1975 1 6

19780309

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