The opinion of the court was delivered by: SIMMONS
AMENDED FINDINGS OF FACT, AMENDED CONCLUSIONS OF LAW AND ORDER
The Court having examined the pleadings and affidavits and having read the briefs and heard the statements of counsel, and being fully advised, now enters the following Findings of Fact, Conclusions of Law and Order.
1. Clarence Trent filed charges of employment discrimination with the Equal Employment Opportunity Commission against Allegheny Airlines on March 17, 1976, alleging that he was discriminated against in 1964, and that the initial alleged discriminatory hiring decision was continuing and was perpetuated by Allegheny's Departmental Seniority System.
3. On December 9, 1976, Trent entered suit against Allegheny, again alleging that he was discriminated against since August 1952, and that the initial discrimination was continuing until the time of suit, and further, Trent sued the International Association of Machinists and Aerospace Workers, Local 1976, alleging that the Union acquiesced and participated in the alleged discriminatory seniority system, and thereby failed to protect Trent's employment interests.
4. Trent made the following admission in answering Interrogatories put to him by the Defendant Allegheny as to the date and circumstances of each alleged discriminatory act of Allegheny, by responding as follows:
"1. On February 7, 1964, Clarence Trent sought employment as a mechanic and was refused an application.
2. On June 12, 1964, Clarence Trent was hired as a cleaner, despite extensive mechanical training he possessed.
3. When promoted to mechanic in 1964, he was again demoted because of his race.
4. Kept in cleaners classification until November 11, 1968.
5. Assigned the worst duties as cleaner.
6. Loss of seniority deprives Clarence Trent of premium job shifts, days off and fringe benefits."
5. Long after Trent had filed his Answers to the above-referred to Interrogatories, Trent claimed additionally he was a victim of discrimination by virtue of one C. C. Warner being awarded the job of lead mechanic in the Machine Shop on December 30, 1975, even though Trent did not bid for said opening or otherwise apply for it, and despite the fact that Warner's ...