
    COMMONWEALTH OF PENNSYLVANIA and Raymond Williams, Willie McKay, Marion J. Eaddy, Randolph Hughes, Jr., Ariel Brownlee, William Bostic, Kenneth Howard, Alpha Christmas, Ronald Richardson, Clarence Winder, Ronald Crawford, and Frank Gilchrist, on their own behalf and on behalf of all others similarly situated, v. LOCAL UNION 542, INTERNATIONAL UNION OF OPERATING ENGINEERS; Operating Engineers Joint Apprenticeship and Training Committee of Philadelphia, Eastern Pennsylvania, and the State of Delaware; General Building Contractors Association of Eastern Pennsylvania, United Contractors Association, and Pennsylvania Excavating Contractors Association, on their own behalf and on behalf of all others similarly situated, and Glasgow, Inc., on its own behalf and on behalf of all others similarly situated, The Contractors Association of Eastern Pennsylvania, et al., Appellants in Nos. 80-2073/74 & 80-2161. United Engineers & Constructors Inc., nonparty member of the defendant class in the above-captioned action, Appellant in No. 80-2162. Bechtel Power Corporation, an unnamed member of the defendant class of contractor-employers in the above-captioned matter, Appellant in No. 80-2163.
    Nos. 80-2073, 80-2074 and 80-2161 to 80-2163.
    United States Court of Appeals, Third Circuit.
    Argued Feb. 24, 1981.
    Reargued In Banc May 12, 1981.
    Decided May 19, 1981.
    John J. McAleese, Jr., Thomas J. McGoldrick (argued), D. Richard Powell, Jr., Luis A. Minella, Cuniff, Bray & McAleese, Bala Cynwyd, Pa., for appellants Glasgow, Inc., and Contractors Ass’n of Eastern Pennsylvania, et al.
    Martin Wald (argued) and Nicholas N. Price, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant and appellee United Engineers & Constructors Inc.
    Robert W. Kopp (argued), Raymond W. Murray, Jr., David M. Pellow, Bond, Schoeneck & King, Syracuse, N. Y., for appellant and appellee Bechtel Power Corp.
    John G. Kester (argued) and John J. Buckley, Jr., Williams & Connolly, Washington, D. C., for appellant General Building Contractors Ass’n.
    Harold I. Goodman (argued) and Germaine Ingram, Community Legal Services, Inc., Philadelphia, Pa., for Individually named and class appellees.
    Joel M. Ressler, Louis J. Rovelli, Margaret Hunting, Deputy Attys. Gen., LeRoy S. Zimmerman, Atty. Gen., Dept, of Justice, Harrisburg, Pa., for appellee Commonwealth of Pennsylvania.
    LeRoy D. Clark, Gen. Counsel, Constance L. Dupre, Acting Associate Gen. Counsel, Vincent Blackwood and Kenneth J. Burchfiel, Attys., Equal Employment Opportunity Commission, Washington, D. C., amicus curiae for EEOC.
    Argued Feb. 24, 1981.
    Before WEIS and GARTH, Circuit Judges and MILLER, Judge, Court of Customs and Patent Appeals.
    
    
      Reargued May 12, 1981 In Banc.
    Before SEITZ, Chief Judge, ALDISERT, GIBBONS, HUNTER, WEIS, and GARTH, Circuit Judges.
    
      
      The Honorable Jack R. Miller, United States Court of Customs and Patent Appeals, Washington, D. C., sitting by designation.
    
   OPINION OF THE COURT

PER CURIAM:

To the extent that the judgment of the district court, 507 F.Supp. 1146, is challenged by these appeals, it is affirmed by an equally divided court.  