The opinion of the court was delivered by: Bua, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above-captioned matter, having come on to be heard by the
Court without a jury, and the Court having heard the testimony
of the plaintiff's witnesses, having examined the exhibits
introduced into evidence, does hereby enter the following
findings of fact and conclusions of law pursuant to Rule 52(a)
of the Federal Rules of Civil Procedure.
1. This is an action for declaratory relief, injunctive relief,
and monetary damages pursuant to the Civil Rights Act of 1866,
42 U.S.C. § 1981 (1970) (hereinafter "§ 1981").*fn1
2. The jurisdiction of the Court is invoked under 28 U.S.C. § 1343
(1970); and 42 U.S.C. § 1988 (1970).
3. The employment practices alleged herein were committed
within the Northern District of Illinois, at the West Pullman
Works Plant of Defendant International Harvester Company.
4. Plaintiff is a black male citizen of the United States, and
is a resident of the City of Chicago, County of Cook, and the
State of Illinois.
5. Defendant International Harvester Company (hereinafter
"Harvester") is a corporation duly organized under the laws of
the State of Delaware, and is conducting business in the State
7. Plaintiff was hired by Defendant Harvester on February 12,
1962, and was continuously employed by Defendant Harvester at
its West Pullman Works Plant during all periods relevant to
this lawsuit. Plaintiff was placed on permanent layoff status
on October 8, 1982, as a result of the shutdown of Harvester's
West Pullman Works plant.
8. The Union and Defendant Harvester were parties to a series
of three-year collective bargaining agreements during all
periods relevant to this lawsuit. The threeyear collective
bargaining agreements relevant to this lawsuit commenced on
November 8, 1973, and November 30, 1976, and expired on October
1, 1976 and October 1, 1979, respectively. Included and
incorporated in these collective bargaining agreements was the
Supplemental Agreement on Seniority, dated October 5, 1964,
which was in force and effect during all periods relevant to
9. Under the seniority provisions of the applicable collective
bargaining agreements, permanent job openings, which occur when
an employee leaves the Company or there is an increase in
force, are filled through a job posting procedure.
Specifically, such permanent openings are posted throughout the
plant, and employees are free to sign up or "bid" for the open
position. The position is then awarded to the most senior
bidding employee who is otherwise qualified for the position
under the collective bargaining agreement.
10. Under the seniority provisions of the applicable collective
bargaining agreements, if an employee's job is eliminated as
the result of a reduction-in-force (RIF), the displaced
employee may then "bump" a less senior employee from his or her
job if the senior employee is capable of performing that job.
An employee is deemed "capable of performing" the job if he or
she can "break in" and learn the job within three working days.
Employees who are displaced during a RIF bump in the following
order: first, within their job classification; second, within
their department within two labor grades of their present
position; and finally, plant wide to any job at any labor
grade. There are no job postings during a RIF.
11. Under the seniority provisions of the applicable collective
bargaining agreements, Defendant Harvester also maintains a job
request system, whereby employees may submit a written request
to be transferred to certain jobs. These requests are honored
to the extent possible within the seniority provisions of the
collective bargaining agreements.
12. Temporary job openings, which occur when an employee
temporarily leaves the Company without breaking his or her
seniority and is scheduled to return, are not posted, but are
filled through the job request system. Specifically, temporary
job openings are awarded to the most senior employee who has a
written request on file for the job in question, and who still
wants the job.
13. The applicable collective bargaining agreements contained a
four-step grievance procedure whereby aggrieved employees or
the Union could grieve conduct by Defendant Harvester which, in
their view, violated the terms of the collective bargaining
14. Plaintiff became a member of the Union shortly after being
hired by Defendant Harvester, and was continuously a member of
the Union during all periods relevant to this lawsuit.
15. In July of 1983, the West Pullman Works plant of Defendant
Harvester completely and permanently ceased operations, and all
remaining production and maintenance employees were placed on
permanent layoff status.
16. Plaintiff worked as a third-shift grinder operator in
Department 333 (job classification GX-25-B-9) from April 8,
1974 to January 2, 1975.
18. When the job opening for the new grinder was posted.
Plaintiff did not bid on that job. Moreover, Plaintiff did not
submit a written or an oral request for transfer to that job.
Accordingly, Defendant Harvester was under no obligation to
place Plaintiff on the new grinder.
19. Plaintiff never operated the new grinder during the period
referred to in paragraph 16. Plaintiff operated the older,
less-modern grinders during this entire period.
20. During the period referred to in paragraph 16, Plaintiff
never requested to be trained to operate the new grinder.
21. During the period referred to in paragraph 16, Plaintiff
never claimed that he should have been trained to operate the
new grinder, through ...