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JOHNSON v. PHILADELPHIA ELEC. CO.

March 16, 1989

ROBERT W. JOHNSON, Plaintiff,
v.
PHILADELPHIA ELECTRIC COMPANY, Defendant



The opinion of the court was delivered by: HUTTON

 HERBERT J. HUTTON, UNITED STATES DISTRICT JUDGE

 Before this Court is plaintiff's cause of action under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 of the Civil Rights Act of 1866. Plaintiff filed this action January 7, 1988, alleging race discrimination in the promotion of Daniel Nelson, a white male, instead of plaintiff to the position of assistant building supervisor. Plaintiff's claims were adjudicated by non-jury trial.

 After due consideration, and in accordance with Fed.R.Civ.Pro. 52(a), this Court makes the following:

 I. FINDINGS OF FACT

 1. Plaintiff, Robert W. Johnson, is a black male. Plaintiff was born March 21, 1938 and is 50 years of age. Plaintiff is employed by defendant, Philadelphia Electric Company ("PECO"). Plaintiff commenced employment with defendant on March 21, 1967. Plaintiff attended Benjamin Franklin High School to the eleventh grade. Thereafter, plaintiff entered the U.S. Army and earned his high school equivalency degree. On his own initiative plaintiff received additional education in the form of a correspondence course as a locksmith and a Bell & Howell Institute correspondence course in electronics.

 Plaintiff was promoted to the position of senior service mechanic in 1978. As a senior service mechanic, plaintiff's responsibilities included the operation of the heating, ventilating and air-conditioning systems at defendant's main office building located at 2301 Market Street, Philadelphia, Pennsylvania.

 As of December, 1985, plaintiff was the senior service mechanic with the second highest seniority. Having been promoted to the position of senior service mechanic in 1977, Tharnell McLeod, a black male, was first in seniority and experience as of December, 1985. Plaintiff had been evaluated in 1983 by John Kirch, Assistant Building Supervisor, as "a good, dependable employee and an asset to our operating force." Further, plaintiff was evaluated in 1984 by Assistant Building Supervisor Joseph Ceraso as "a good, dependable employee whose job performance is satisfactory." Plaintiff was rated "satisfactory" in 1985 and 1986.

 Neither plaintiff nor Tharnell McLeod were offered the position of assistant building supervisor. Daniel Nelson, a senior service mechanic appointed in 1984, was promoted to the position of assistant building supervisor in April of 1986. As a result, plaintiff suffered emotional depression which required psychiatric consultations in or about June of 1986 at a cost of $ 500. Further, plaintiff was so humiliated that he requested and received a transfer to a lesser position as an electrical mechanic helper at a substation.

 In his initial position, McLeod supervised eight to ten men. Within a year he was promoted to the position of building mechanic at defendant's Oregon Shop location. McLeod was promoted to service mechanic in 1971. In 1977, McLeod was promoted to the position of senior service mechanic.

 Tharnell McLeod completed a two year course at Dobbins Technical High School in electrical technology in 1969. In 1982, he received an associate degree in business from the Community College of Philadelphia.

 Daniel Nelson was supervised by Tharnell McLeod when assigned to the week-end shift. As of December, 1985, Tharnell McLeod was the senior service mechanic with the greatest seniority. Tharnell McLeod was not offered the position of assistant building supervisor.

 3. Daniel Nelson ("Nelson") is a white male. Nelson began employment with the defendant on December 18, 1967, as a building attendant. Nelson has a high school diploma.

 Nelson was promoted to service mechanic helper in 1977. As a service mechanic helper Nelson trained under plaintiff on the week-ends for about two years. Plaintiff was a senior service mechanic when Daniel Nelson was a junior helper. On certain occasions Daniel Nelson was supervised and trained by plaintiff. Nelson was not promoted to the position of senior service mechanic until June 28, 1984.

 4. Joseph Ceraso, a white male, began employment with defendant on November 1, 1965 as a building attendant. His duties included janitorial services at the 2301 Market Building. After three and a half years he was promoted to the position of an assistant building mechanic. Joseph Ceraso was promoted to the position of service mechanic in 1971. Joseph Ceraso has a high school diploma.

 Joseph Ceraso was promoted to senior service mechanic in 1977 and assistant building supervisor in 1983. Seniority in position was a factor in qualifying for both promotions. Joseph Ceraso was promoted to the position of building supervisor in December of 1985. The 1985 promotion of Ceraso to building supervisor made available the position of assistant building supervisor at defendant's main office building located at 2301 Market Street, Philadelphia, Pennsylvania.

 5. Eugene Shoosmith, a white male, is the general superintendent of the department of building management and has the exclusive authority to promote an employee to the position of assistant building supervisor. Eugene Shoosmith subjectively determined that both plaintiff and McLeod were qualified, but not the "best qualified" for the position of assistant building supervisor. Shoosmith chose Daniel Nelson.

 Eugene Shoosmith arbitrarily determined when and if seniority or a written evaluation of employee candidates was the necessary prerequisite for promotion. There existed no personnel policy requiring a written evaluation of an employee or directing promotion of the "best qualified" employee.

 6. Available supervisory positions were not posted by defendant. Job descriptions were not made available to the employees of the defendant. Non-entry level opportunities for promotion were not posted by any of the departments of defendant. There is no written standard or policy which defines an objective criteria to be applied in the selection of the "best qualified" employee for promotion in the building department of the defendant ...


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