Brooks v. Missouri Pacific R. Co., 376 U.S. 182 (1964)

Brooks v. Missouri Pacific Railroad Co.

No. 53

Argued January 7-8, 1964
Decided February 17, 1964
376 U.S. 182

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

The apprenticeship program of petitioner, an apprentice machinist employed by respondent railroad, was delayed by his military service, and, because of a layoff, he ultimately completed that program at a location different from where he began it. In a proceeding by petitioner to establish his seniority as journeyman under § 9 of the Universal Military Training and Service Act, the District Court directed the railroad to grant him seniority status at the place where he completed his apprenticeship and as of the time he would have completed it but for his military service. The Court of Appeals reversed on the ground that petitioner’s advancement lacked "predictable certainty."

Held: Petitioner’s otherwise automatic advancement from apprentice to journeyman did not lack reasonable foreseeability so as to defeat his claim for seniority under § 9 of the Act because of the possibility that "the balance between the supply and demand" of labor at a certain point and date would have prevented such advancement. Tilton v. Missouri Pac. R. Co., ante, at p. 169, followed. Pp. 183-185.

308 F. 2d 531, reversed and remanded.