Aeronautical Ind. Dist. Lodge 727 v. Campbell, 337 U.S. 521 (1949)

Aeronautical Industrial District Lodge 727 v. Campbell


No. 333


Argued January 31, 1949
Decided June 20, 1949
337 U.S. 521

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

After his discharge from military service in World War II, a veteran was reemployed by his former private employer, in accordance with § 8 of the Selective Training and Service Act of 1940. During his military service, the collective bargaining agreement between his union and the employer had been modified so as to give union chairmen top seniority in the event of layoffs. Within one year after his reemployment, the veteran was laid off temporarily, although union chairmen who had less time with the company were retained. The employer refused to compensate the veteran for the period of the layoff.

Held: the veteran’s rights under § 8 of the Act were not infringed. Pp. 522-529.

169 F.2d 252 reversed.

Three veterans sued for compensation for the period of a layoff, alleged to have been in violation of their rights under the Selective Training and Service Act of 1940. The District Court gave judgment for the veterans. A labor union, which had been allowed to intervene to protect its labor contract, appealed to the Court of Appeals, which affirmed the judgment. 169 F.2d 252. This Court granted certiorari. 335 U.S. 869. Reversed, p. 529.