The opinion of the court was delivered by: WOODS
2. Defendant operates a railroad in Arkansas and other states and is an employer within the meaning of Title VII of the Civil Rights Act of 1964.
3. Plaintiff applied for employment with the Missouri Pacific Railroad Company (MoPac) on April 5, 1971 and began service as a Fireman on April 26, 1971. Plaintiff qualified for promotion to Locomotive Engineer on December 23, 1973.
4. Plaintiff became a Seventh Day Adventist in 1975. The plaintiff notified MoPac and the Brotherhood of Locomotive Engineers (Union) and both were cooperative and flexible in aiding the plaintiff's pursuit of his religious beliefs.
5. When MoPac's Road Foreman of Engines was made aware of the plaintiff's Sabbath requirements, he informed the plaintiff that every effort would be made to relieve him on his Sabbath provided no penalty time payments were incurred by MoPac and another engineer was available to work.
6. Even though MoPac is a "union shop," plaintiff was permitted to resign from membership in the Brotherhood of Locomotive Engineers and continue his employment with MoPac as if he had remained a member of the Union.
7. Plaintiff worked for a time as a fireman at MoPac's Pine Bluff facility. During that time arrangements were made for him to be relieved of duty on his Sabbath due to his seniority in that position. Further, it is possible to run a train without a fireman, and plaintiff could therefore be relieved of work on his Sabbath even without a replacement.
8. It is not possible to run a train without an engineer, so plaintiff would be able to lay off from an engineer assignment only if another engineer was available.
9. MoPac developed a shortage of locomotive engineers at its Alexandria, Louisiana facility in March of 1979. It was therefore necessary for engineers assigned to the North Little Rock-McGehee zone, such as plaintiff, to fill engineer openings in Alexandria. This arrangement was in accordance with the provisions of the agreement between MoPac and the Brotherhood of Locomotive Engineers.
10. Plaintiff was instructed to report to Alexandria, Louisiana early in April of 1979 to fill Locomotive Engineer job openings in line with his seniority. He placed himself on an engineer's assignment at Alexandria which had rest days of Tuesday and Wednesday.
11. As a new engineer, plaintiff did not have sufficient seniority to place himself on an assignment that had a Saturday rest day.
12. Plaintiff worked as an engineer in Alexandria on Thursday, April 5, 1979. He informed Assistant Superintendent W. B. Needham at that time that he would not be able to work on his Sabbath, which ...